Claimant's Argument: Respondent's Invalid Notice to Avoid Contract
The Claimants argue that the Respondent cannot avoid the contracts or suspend the delivery of the Rijn Blend, as they failed to send a notice to the Claimant. In order to declare the avoidance of the contract due to a fundamental breach, it is necessary to provide notice within a reasonable time. However, in this case, the Respondent attempted to avoid the contract based on a groundless right, but failed to fulfill their obligation to notify the Claimant. Furthermore, a notice to an inappropriate party cannot be considered valid, given the privity of contract. Based on these points, the Tribunal may dismiss the Respondent's request for the inappropriate notice.
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