版权说明:本文档由用户提供并上传,收益归属内容提供方,若内容存在侵权,请进行举报或认领
文档简介
1、case 2 dispute cause by improper shipping documentscase description:a businessman from india imported some primary products and he wanted to sell the goods to abusinessman from mexico. so the indian businessman placed his offer with the mexico businessman,who replied later that he could accept the o
2、ffer with the requirement that the indian businessmanshould provide original certificate. two weeks later, the indian businessman received the letter ofcredit opened by the mexico businessman. while the indian businessman was ready to ship the goodsaccording to the letter of credit, he got news from
3、 the inspection authority that the original certificatecould not be issued because the goods were not produced in his own country. the indian businessmanhad to require the mexico businessman to cancel the terms of original certificate. but the mexicobusinessman refused his requirement. therefore, di
4、sputes arose. the indian businessman argued thathe never agreed to the terms of original certificate. so he need not provide the original certificate.whereas the mexico businessman insisted that the indian businessman had the obligations to do so.question: please make your own adjustment according t
5、o the united nations convention on contracts forthe international sales of goods (both the two parties are member countries).answer:(1) both india and mexico are the member countries of the united nations convention oncontracts for the international sales of goods. because both the sides of the conv
6、ention did notmake to exclude the application and retention, this case should be adjusted according to regulationsof the convention.(2) when the indian businessman received the acceptance with additional conditions from themexican businessman, he did not make any response to it. that's to say, t
7、he mexican businessman'soffer was effective. so the indian businessman had the right to provide the original certificate.(3) when the indian businessman received the l/c opened by the mexican businessmanaccording to the terms and conditions in the contract, he did not make any disagreement, and
8、heprepared to perform the contract of delivering the goods. the reason why he could not deliver the goodswas that he could not provide the original certificate, which was not the mexican businessman's fault.it was the indian businessman that dishonored the contract.case 3 how to deal with late o
9、ffercase description:one chinese export enterprise made a firm offer to an italian customer. the offer is subject tobe replied before may 10th. on may 9th the italian customer informed the chinese export enterprisewith express letter that the offer could be accepted. but the express was delayed by t
10、he expressdeliverer. before the chinese export enterprise received the express letter, they got news that themarket price for the goods was going upward.question:what should the chinese export enterprise do in this situation? answer:both china and italy are the signatory countries of the united nati
11、ons convention on contractsfor the international sales of goods. in this case, during the negotiation both parties did not rule outor make any reservations. so these two parties should be borne by the cisg. according to the cisg,if a letter or other writing containing a late acceptance shows that it
12、 has been sent in suchcircumstances that if its transmission had been normal it would have reached the offeror in due time,the late acceptance is effective as an acceptance unless, without delay, the offeror orally informs theofferee that he considers his offer as having lapsed or dispatches a notic
13、e to that effect. so if thechinese company does not agree on this transaction, it should let the italian company know that theoffer becomes invalid as soon as possible. or because of some other reasons, the chinese company canagree to make the deal based on the former offer. then he may enter into c
14、ontract with the italiancompany, or he can also make no any other reply but keep silent, which means he accepts the offer.case 4 dispute/ about whether the offer is effectivecase description:on march 15th, 2009, company a made an offer to company g in singapore: art. no. cm034,200 dozens of children
15、-dress angora sweater, at usd 100 cif singapore per dozen for augustshipment, payable by letter of credit, subject to your reply at our end by march 25th. on march 20th,company g replied as follows: your offer of march 15th has been received. but it is too high. if youcan reduce your price to usd 90
16、 per dozen, we can accept it. then company a replied: we aresorry that we cannot reduce our price any more because it is the lowest price we can offer. on march26th, company g asked for an airmail sample for their reference. on march 29th, company a sentout their samples and told company g: the offe
17、r is subject to your reply here by april 8th. on april3rd, company g replied that they could accept the offer. on april 10th, when the letter sent to thehandler of company a, he said that it was delayed and made no any response to it.on july 6th, company a received the letter of credit given by comp
18、any g, asking for shipmentas soon as possible. but during this period of time, the raw materials were on rise. company aadjusted their price to usd 110 per dozen. so company a replied on july 8th: there were no anyagreements between our two companies before. though you once replied to our offer, we
19、received itonly on april 10th, saying it was only a late acceptance, so no any lawful effectiveness. sorry wecannot deliver the goods. if you agree, we make our offer at usd 110 per dozen for septemberdelivery. other terms unchanged.on july 12th, company g replied: our company accepted your offer on
20、 april 3rd. though itreached your place on april 10th, as you said, it is beyond our control. it is because there are two orthree days before the letter could reach your end. there are mistakes during the process of the letter,but we two countries are contracting member countries of the united natio
21、ns convention oncontracts for the international sales of goods. according to the item 2, art. 21 in the convention,when you make no any response to our late acceptance, you agreed to accept our counter-offer. thatis to say, the contract has been set up. please make sure to honor the contract, otherw
22、ise you shouldtake all the subsequent responsibilities.question:is company g's above opinion right?answer:the two disputing parties are contracting member countries of the convention. so the dispute should be settled as to the relevant terms in the convention.the article 21 in the convention sti
23、pulates:(1) a late acceptance is nevertheless effective as an acceptance if without delay the offeror orally so informs the offeree or dispatches a notice to that effect.(2) if a letter or other writing containing a late acceptance shows that it has been sent in suchcircumstances that if its transmi
24、ssion has been normal it would reach the offeror in due time, the lateacceptance is effective as an acceptance unless, without delay, the offeror orally informs the offereethat he considers his offer as having lapsed or dispatches a notice to that effect.the lesson we learn is that when you receive
25、the late acceptance, the first thing you shouldconsider is the reason why it is late. if it is hard for you to just the reasons, you can handle the lateacceptance according to different situations with different measures. you may also fax the buyer ifthe offer is not effective any more or it can be
26、accepted. no response to the coming letter will lead todisputes and getting into trouble. sometimes it may bring about unnecessary losses.case 5 a case about whether the contract has been set upcase description:in 2008, at the request of a chinese company, an argentina company quoted the price of 20
27、0metric tons of primary products of magnesium, usd 2 150 per metric ton, a firm offer for promptshipment however, instead of counter-offer after receiving argentina's offer, the chinese companybaked fbl increasing the number of products, reducing the prices, and prolonging the time of validity.a
28、rgentina company increased the number to 350 tons, usd 2 100 per metric ton cif shanghai,extended the time ol validity by three times and finally extended to september 25th. the chinesecompany accepted by fax on september 20th.when argentina company received the fax, they learned that the world mark
29、et of magnesiumprice was increasing, so they decided to reject the transaction, and faxed back, saying: as theinternational market prices of mineral magnesium change, the goods have been sold out beforereceiving your fax. however, chinese company refused the saying as chinese company had receivedthe
30、 offer within the validity, and insisted on the offer as contract. if argentina didn't make animplementation of the contract, they had to compensate for china's losses, the price difference ofusd 250 000.question:is the fax expressing acceptance made by the chinese company on september 20th
31、a firm offeror a non-firm offer? is the contract set up at this time?answer:offer, also known as quote, which is called "offer" in civil law, means that a party to one ormore than one undetermined parties makes a proposal of a specific contract. a valid offer must havethe following conditi
32、ons: (1) offer to one or more than one specific persons. (2) the content must bevery clear and certain. once the person accepts, the contract shall be set up. clear means you need tospecify the name of the goods expressly or implicitly, the quantity and price, or specify how todetermine the quantity
33、 and price. if the offer is accompanied with the offeror's reservations, then it isnot regarded as an effective offer but the invitation for offer. even though they express theircommitment, the contract is still untenable. (3) an offer must be delivered to the contractors.acceptance, also known
34、as "commitment", refers to the offeree's willing to offer people under theconditions set out in the contract. an effective commitment must be met: (1) promise to be made bythe offeree before their effectiveness. (2) consistent with the conditions of the offer. (3) thecommitment should
35、be made within the validity period of the offer. (4) undertake to notify the offerto be effective professionals. therefore, if a party makes an offer to the other party, the other side ofthe offer should reach an agreement between the parties unconditionally, so that they create a legalbin
36、ding contract in both partiesan offer can be divided into firm offer and non-firm offer. firm offer is a definite meaningoffer. firm offer has two main characteristics: fl) must give complete, clear and positive terms oftrade; (2) must limit on validity date. the so-called non-firm offer refers to t
37、he offer without a clearmeaning, that is, an offer people with reservations would be happy to certain conditions, anexpression of a deal. firm offer from an offeror has legal binding, if the person within the time limitsent by the acceptance, the contract shall be set up. non-firm offer has not been
38、 issued, and does nothave law effect. an offeror can withdraw or modify the contents of the virtual offer at any time.even if the offeree accepted the non-firm offer, they also should require undergoing a finalconfirmation in order to set up a mutually binding contract. non-firm offer's characte
39、ristics are: (1)with a reservation in the offer; (2) no validity in the offer.in this case, the seller in the offer extended the validity period for three times after making theoffer, the substantive provisions of the contract is complete, certain and clear. it also provides avalidity period of sept
40、ember 25th, which means that the seller has a definite meaning of the offer.therefore, it is a firm offer, not a non-firm offer.according to the principles of the arrangement, issued by the argentina side of the firm offer,offeree in an acceptance within the meaning of validity, after making a commi
41、tment then the two sidescame into the establishment of contractual relations, they should fulfill their respective rights andobligations. in this case, the validity offered by the offeror to the offeree is september 25th, but theofferee accepted the offer on september 20th, and the offeror received
42、the correspondence. therefore,on september 20th, the contract of sale of goods has been established between the two parties, in whichthe rights and obligations for the two parties are set up. if a party violates the terms of the contract, hewill constitute a breach of contract, which should bear the
43、 responsibilities of breaching contracts.therefore, the present case of sales contract has been established on september 20th.international sale of goods agreed between the parties mean that the result is an offer by oneparty and the other party expressed its commitment. then the offer is establishe
44、d. once an offer isaccepted by the offeree, the contract is set up and both parties should fulfill their respective rightsand obligations.case 6 does the contract have been set upcase description:company c of china received an offer from company d in paris, france on date july 16th,2009: "500 m
45、etric tones of tinplate, usd 545 per metric ton cfr china port, shipment in august,with sight letter of credit, the offer's opening day is within 20 days."company c replied on date 17th :"if the unit price is usd 500 cfr chinese port, then we canaccept 500 metric tones of tinplate, arb
46、itration will be claimed in china in case of a contractdispute." company d replied: "the market is strong so the price can not be reduced, arbitrationconditions is acceptable and reply asap." at that time tinplate prices did trend up. on 19th companyc replied : "we've accepte
47、d the offer you sent on 16th and the l/c has opened by the bank of china,please confirm it." but the french company had not identify it and return the l/c.questions:(1) whether the contract was established, and why?(2) whether was it company c's misplay?answer:(1) the contract hasn't be
48、en established. the reason is : company d's offer sent on 16th hadfailed by company c's counter-offer on 17th.(2) company c had made two errors: ® company c should not have accepted company d'soffer on 16th, but should accept the offer on 17th. (2) the words or terms of "confir
49、mation"shouldn't have been applied to the case of making an "acceptance".part 21. one chinese company a made an offer to a japanese company b, saying: our company can sell you 50 sets of h-type machine at usd 3 500 per set cif tokyo. shipment is to be made withintwo months after t
50、he contract is concluded. payment is to be made by l/c at sight. please reply assoon as possible. company b replied to the offer at the time when it received the offer: your offerhas been accepted by our company. but the delivery should be made within one month after thecontract is entered into. com
51、pany a didn't reply the counter-offer.question:can the contract between company a and company b come into force? why?2. company a from britain offered company b from germany, in which company a sold abatch of goods to company b. company b replied to company a the next morning (may 6th) whenhe re
52、ceived the offer. when replying, company b agreed to accept all the terms in the offer. butcompany a found that after he sent out his offer, the price of the goods that he was going to sell wasin the rise. so he telephoned company b on the afternoon of may 7th, hoping to cancel the offer. onthe morn
53、ing of may 8th company a received company b's reply.question:according to the cisg, is there any business relation between company a and company b?3. a shanghai company made an offer to a paris company. it was stipulated in the offer that thevalidity was by march 10th. the offer was sent out by
54、registered airmail on march 1st (5 days postjourney), on march 2nd, the company in beijing found that it was not proper to make this offer andtelexed the paris company to say the offer should be withdrawn the same day.question:can this offer be withdrawn?4. an italian businessman visited one chinese
55、 foreign trade company for negotiating about thetransaction of some commodity. the company made an oral offer to the italian businessman, whilehe did not make any response to our offer. that afternoon, the italian businessman revisited thechinese company and said he could accept that morning's o
56、ffer. but during that time, the chinese company got the news that the price of the international market for the goods was on the rise.question:how do you think the chinese company should handle the matter? why ?5. the offer made by a chinese company to company a was subject to company a's reply
57、byapril 1 oth. on april 9th, company a made his reply to the chinese company to accept the offer byexpress mail. because of the delay of the transfer, the chinese company received the acceptance onapril 11th. before the chinese company received the acceptance, they had got the news that theprice of
58、the goods would go upward.question:what should the chinese company do in this case?6. a chinese businessman planned to import primary products from an italian businessman,and then re-sell the products to some other customers. so the chinese businessman made a bid to theitalian businessman, who made
59、his counter-bid, saying that the bid could be accepted, except that thecertificate of origin should be provided by the chinese businessman. two weeks later, the chinesebusinessman received the letter of credit opened by the italian businessman at the time when he waspreparing to ship the goods according to the requirements of the l/c. however, the commodityinspection authorities notified that they could not issue the certificate of origin because of the goodsof non-national products. after the chinese businessma
温馨提示
- 1. 本站所有资源如无特殊说明,都需要本地电脑安装OFFICE2007和PDF阅读器。图纸软件为CAD,CAXA,PROE,UG,SolidWorks等.压缩文件请下载最新的WinRAR软件解压。
- 2. 本站的文档不包含任何第三方提供的附件图纸等,如果需要附件,请联系上传者。文件的所有权益归上传用户所有。
- 3. 本站RAR压缩包中若带图纸,网页内容里面会有图纸预览,若没有图纸预览就没有图纸。
- 4. 未经权益所有人同意不得将文件中的内容挪作商业或盈利用途。
- 5. 人人文库网仅提供信息存储空间,仅对用户上传内容的表现方式做保护处理,对用户上传分享的文档内容本身不做任何修改或编辑,并不能对任何下载内容负责。
- 6. 下载文件中如有侵权或不适当内容,请与我们联系,我们立即纠正。
- 7. 本站不保证下载资源的准确性、安全性和完整性, 同时也不承担用户因使用这些下载资源对自己和他人造成任何形式的伤害或损失。
最新文档
- 直播平台主播薪资规范
- 娱乐场所安防施工合同
- 旅游信息市场管理办法
- 矿山安全设备测试管理办法
- 森林苗圃施工协议
- 建筑工程彩钢瓦施工合同
- 武汉市计划生育管理妇联行业应用
- 湿地保护中石化施工合同
- 畜牧设备租赁合同转让样本
- 城市绿化项目投标承诺:生态优先
- 社区管理(第三版)教学课件汇总完整版电子教案
- 码头安全使用手册
- 小学语文课堂有效评价策略研究实施方案
- 服装品牌调研报告(共38张幻灯片)课件
- [上海]大型房地产项目开发成本测算实例(全套表格)
- 《西方音乐史》课件李斯特
- PAC、PAM的储存及使用注意事项
- 牛津上海版4AM3U2-Around my home
- 桥梁工程梁板的预制和安装监理实施细则
- 机能实验考核细则
- 石拱桥加固施工方案
评论
0/150
提交评论