卹国际商法案例及部分知识点
Contract Law for the International Sale of Goods
Ca 1
On July 27th, 1986, A company of our country, at the request of B company of the Netherlands, offered to ll 100 tons rice with the price 3900 yuan per ton, on CIF terms, Rotterdam. After receiving the offer, B company requested us to reduce the price, increa the quantity and lengthen the time of the validity of the offer again and again. A company then agreed to increa the quantity to 300 tons, reduced the price to 3800 yuan and lengthened the time of validity of the offer to August 30th. B company agreed through the telegram on August 26th. But at that time, we found that the rice price had rin violently in the world market, so we refud to fulfill the contract and replied to B company that we had sold the goods before receiving the acceptance.
Definition of contract
In common law countries, contract means a promi or t of promis, for breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty.
sony耳机In civil law countries, contract is a mutual asnt with which one person or more is obligated to give a thing, to do or not to do a thing to one person or more persons.
Form of contract
世界上有怪兽吗
Form in contract law means whether a contract is made in writing or orally.杂说
Discussion: Can we make the contract orally?Can we make the sales of contract orally?
Under UCC, American law requires that contracts for sale of goods or $500 or that more must in writing. Today, however, many exceptions to this UCC rule make most oral sales contract quite enforceable.
Under the CISG, contracts for the sale of goods need not be in writing.
四年级周记>商业服务用地
Article 11 states: “A contract of sale need not be concluded in or evidenced by writing and is not subject to any other requirements as to form. It may be proved by any means, including witness.
Discuss the following cas and decide whether there is an offer.
a. A advertid that they would be prepared to pay $100 to anyone catching influenza after using their remedy, adding that they had deposited $1,000 with a bank to show the genuineness of their offer. B bought and ud the remedy, and caught influenza. But A refud to pay $100 to the plaintiff.
恰好时b. A advertid the holding of an auction sale. B sued to recover the expens he had incurred in attending at the advertid place and time, only to find that the sale had been cancelled.
Lap(失效) of an offer
a. The offer is withdrawn by the offeror.
b. The offer is revoked.
c. The notice of rejection reaches the offeror;
d. The offeree fails to make an acceptance at the time when the time limit for acceptance expires;
e. The offeree substantially alters the contents of the offer.
Analyze the following ca冒菜的做法
On 1 October, A (in Cardiff) posted an offer to B (in New York) who received the offer on 11 October, and immediately accepted by cable. On 8 October, A posted a letter of revocation, which reached B only on 20 October. Was the contract formed?
David offered to trade his camera to Mary in exchange for her video recorder. Peter, who had a recorder of the same make and model, overheard the offer and said he would make the same swap. Did a contract result from Peter’s acceptance?
Chan agreed to ll goods to Lee by a document which stated: “This offer to be left over until Friday, Acceptance should be by post”. On Thursday Chan contracted to ll the goods to Wong. Chan then wrote a letter to Lee revoking the offer. The letter of revocation reached Lee on Saturday, On Friday Lee posted a letter of acceptance which reached Chan on Saturday Advi Lee according to Hongkong law.
不见黄河心不死A offered to ll a farm to B for $1,000. B refud and intended to buy it at $950, which A refud. B then wrote purporting to accept the original offer of $1,000. But A refud. Was the contract formed?
Ca analysis
Bob, who was living in Boston, bought real estate by mail through Tom, a real estate agent in New York. Tom nt Bob veral pictures of the hou and a general description of the hou and its neighborhood. Included in the description was the statement that the hou was “within easy walking distance of school, churches, and shopping centers”. Afte
r moving in, Bob discovers that the clost school is four miles away. Is this misreprentation sufficiently material to justify rescission?
Decision: The answer depends on who Bob is. IF Bob is a retire, childless widower, the misreprentation could be judged to be immaterial. On the other hand, if Bob has a child in school, the nearness of schools could well be considered material.
