Simar Shipping Limited v. Global Fishing Inc

MEMORANDUM

Simar Shipping Limited (“Simar”) appeals from the district court’s entry of judgment in favor of defendants following a bench trial of its claims for breach of contract, account stated, unjust enrichment, and fraudulent transfer. We have jurisdiction under 28 U.S.C. § 1291 . We review the district court’s conclusions of law de novo and its findings of fact for clear error. See Lentini v. Cal. Ctr. for the Arts, 370 F.3d 837, 843 (9th Cir.2004). “[W]e will accept the lower court’s findings of fact unless we are left with the definite and firm conviction that a mistake has been committed.” Id. We affirm the district court’s judgment.

Simar has raised only its breach of contract and unjust enrichment claims on appeal. As to the district court’s conclusions of law, Simar argues that the court committed reversible legal error in “not applying] or even mentioning]” the United Nations Convention on Contracts for the International Sale of Goods, April 11, 1980, 1489 U.N.T.S. 3 (“CISG”). Here, the district court applied the legal principle that “[a] valid contract requires a meeting of the minds on essential terms,” a proposition finding ample support in the CISG and at common…