Citation. 2000 WL 1224903 (E.D. Pa. 2000)
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Viva Vino Import Corporation, (Plaintiff), is suing Farnese Vini S.r.l., (Defendant), for breach of contract, promissory estoppel, unjust enrichment and interference with business relations. Plaintiff argues CISG and/or Pennsylvania law should apply.
Synopsis of Rule of Law.
CISG does not apply to distributorship contracts that do not cover the sale of specific goods and contain definite terms regarding quantity and price.
Facts.
This cause of action arose out of three alleged agreements between Plaintiff, a Pennsylvania corporation and Defendant, an Italian company. The agreements are essentially contracts for the distribution of Defendant’s wines in Pennsylvania. Defendant claims that CISG should not apply because none of the agreements had as its subject a particular sale of goods and none had definite terms regarding quantity and price.
Issue.
Whether CISG should apply to distributorship contracts that do not cover the sale of specific goods and contain definite terms regarding quantity and price.
Held.
No. CISG does not apply to distributorship contracts that do not cover the sale of specific goods and contain definite terms regarding quantity and price.
Discussion.
The Court agrees with the rationale adopted by the court in Helen Kaminski, 1997 WL 414137, and concludes that the CISG does not apply to distributorship contracts that do not cover the sale of specific goods and contain definite terms regarding quantitiy and price. Because the agreements do not, the CISG is not applicable.
