Robco, Inc. was a Florida arms dealer. The armed forces of Honduras contracted t

Question

Robco, Inc. was a Florida arms dealer. The armed forces of Honduras contracted to purchase weapons from Robco over a six-year period. After the Honduran government was replaced and a democracy installed, the Honduran government refused to honor the contract by purchasing the inventory of arms, which Robco could sell only at a much lower price. Robco filed a suit in a federal district court in the United States to recover damages for this breach of contract by the government of Honduras.

1) Should the Foreign Sovereign Immunities Act (FSIA) preclude this lawsuit? Why or why not? Explain.

2) Does the Act of State Doctrine bar Robco from seeking to enforce the contract? Explain.

3) Suppose that prior to this lawsuit, the new government of Honduras enacted a law making it illegal to purchase weapons from foreign arms dealers. What doctrine might lead a U.S. court to dismiss Robco's case in that situation? Explain.

4) Now suppose that the U.S. court hears the case and awards damages to Robco, but the government of Honduras has no assets in the United States that can be used to satisfy the judgment. Under which doctrine might Robco be able to collect the damages by asking another nation's court to enforce the U.S. judgment? Explain.

Explanation / Answer

1. Should the Foreign Sovereign Immunities Act (FSIA) preclude this lawsuit?

No

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