Liability under CSIG Bello Wine Co in France produces and exports wines It sold 1,245 cases of its wine to Tippler Distributing Co, in the United States The contract did not use any trade terms or...

Bello Wine Co in France produces and exports wines It sold

1,245 cases of its wine to Tippler Distributing Co, in the United States The

contract did not use any trade terms or specify any delivery terms to any

specific destination Bello, through its agent in the United States, selected

Bigport for the port of entry in the United States Mellow then delivered the

wine to an ocean-going carrier at a port in France for transport on July 5th of

last year The shipping documents and the markings on the goods identified the

wine as belonging to Tippler

Some six weeks later, on August 20, Tippler learned that the

wine had been lost on the high seas on July 19th when the ship sank Tippler

refused to pay Bello Bello then sued Tippler for the full purchase price,

claiming that the risk of loss had passed to Tippler, the buyer, at the time

the wine had been delivered to the carrier Tippler answered that because Bello

had not given it prompt notice of the shipment, not until after the ship was

lost at sea, that the risk of loss had not passed from Bello

Both France and the United States are signatories of the

United Nations Convention on Contracts for the International Sale of Goods

(CSIG) and the parties’ contract designates the CSIG as the governing law Is

Tippler liable for the purchase price of the wine?