A-besvarelse JUS5230.

Spørsmålene:

1. Is BY likely to succeed with its breach of contract claim, and why?
2. Assuming, without any prejudice, that BY is unlikely to succeed: how could they avoid such
outcomes in the future?
3. Assume that SL never delivered the cars to BY, due to an unexpected heavy flooding of
their production facilities. Assume that this led to BY losing a significant amount of
estimated profits. Would SL have an obligation to compensate

A-besvarelse JUS5230.

Spørsmålene:

1. Is BY likely to succeed with its breach of contract claim, and why?
2. Assuming, without any prejudice, that BY is unlikely to succeed: how could they avoid such
outcomes in the future?
3. Assume that SL never delivered the cars to BY, due to an unexpected heavy flooding of
their production facilities. Assume that this led to BY losing a significant amount of
estimated profits. Would SL have an obligation to compensate BY for such a loss of
profits?
4. Assume that BY prevailed in arbitration and sought to have the award enforced in France.
However, SL asked the French court to decline to enforce the award, as, under English
law, chosen by the parties, disputes pertaining to product safety are considered non-
arbitrable. Should the French court decline recognition and enforcement?
5. Assume that the contract contained no arbitration clause and that the dispute was brought
before a French court. Are there any situations where the French court could disregard
English law, and opt to apply French law instead?
6. Assume that the Oslo Chamber of Commerce decides to appoint three arbitrators instead
of one, given the highly technical nature of the dispute. Which consequences, if any, could
this lead to?