Order Description

(a) Louis, who is habitually resident in France, agreed to sell to John, a wine merchant who is habitually resident in England, 2,000 bottles of French wine. The contract, which was in the English language, contained an exclusive English jurisdiction clause. John alleges that the wine that has been delivered is inferior in quality to the sample he had tasted when ordering the wine. Advise John as to the applicable law.
(b) Pure Fruits, an English company with an agent in Italy, contracted with Ocean Carrier, an Italian company habitually resident in Italy, that the latter would carry a cargo of apples on a ship belonging to Ocean Carrier. The agent of Pure Fruits handed over a consignment of apples in Italy to Ocean Carrier for loading on to the ship. It was agreed that the ship would go direct to Portsmouth, England, without calling at other ports on the way. The parties agreed on a date of delivery at Portsmouth. However, Ocean Carrier stopped at a port in Spain to deliver some cargo there and load more cargo. As a result, the ship arrived in England five days later than agreed. By the date of delivery of the apples in England, the market price for the apples had fallen.
Pure Fruits wishes to sue Ocean Carrier to obtain damages for breach of contract.
Advise Pure Fruits on the applicable law.