案例（英文）

Cases
1. Dispute Caused by FOB
A northern China Chemicals Import and Export Company A and the Chemical Products Company
B of California in the United States entered into a chemical products sales contract on the basis of FOB terms．Company A loaded the goods on the Singapore vessel assigned by Company B three days before the deadline．Before loading，the goods had been inspected，showing the quality of the goods is in good order and in compliance with the contract stipulations．When the goods arrived at the destination in San Francisco，the inspection authorities found that the quality of the goods changed and there were some agglomeration of goods．After careful investigation it turned out that it was because of the poor packing that caused the quality to change．The survey confirmed that due to bad packaging of goods in transit the goods absorbed moisture in the air，which led to the original granular form lumps of raw materials．Company B filed claims against Company A．However，Company A believed that before shipment of the goods the test for the goods was qualified，the quality change didn’t happen before shipment but during the transportation，that was，after the goods on board the vessel，quality change occurred．In accordance with international trade practices，the consequences should be borne by the buyer．Therefore，Company A refused compensation．
Question：Do you think Company A’s refusal is reasonable? Please give your explanation of how to deal with it．
2．An export company in China signed a red bean exporting contract with a South Korean company．The two sides provides：500 metric tons of beans，50 kilograms sacks packaging，and a total of 10000 bags．On delivery of the goods to the port，1000 bags got lost．So the temporary deployment was needed but the packaging was woven bags．After the goods arrived in South Korean，South Korea Customs found that the weight was only 47 kilograms per bag．In response，South Korean company rejected the goods．
Question：Try to analyze whether the rejection is reasonable? What measures could be taken to remedy?
3. A Straight Bill of Lading and Its Nature
In2008，a Hunan Provincial Foreign Trade Corporation and an American Greens Corp．signed an export contract of “Xi Mas”lights goods．During May and June，with the letter of credit settlement，the company exported two shipments．The settlement was done smoothly after the bank negotiation．In October，they successively exported 7 consignments，taking into account the previous settlement was in good condition，they chose D/P as collection method for settlement，totaling about USD 270000．Although the collecting bank repeatedly urged the foreign businessman，the American buyer did not pay to redeem bills．In March，2009，the company learnt that the goods had been picked up by the client with a copy of the bill of lading，then they demanded the bank to return the documents．In April, the company got the original bill of lading and with it to negotiate with the shipping company American Brothers Ltd．but the company was rejected on the grounds that the bill of lading was a straight bill of lading，in accordance with local practice，the consignee may pick up the goods without the original bill of lading．At this point，the company suffered huge economic losses by losing both the goods and payment．
Questions:
(1) What is straight bill of lading?
(2) What can be learned from this case?
4. How to Distinguish a Partial Shipment
A Shan dong company exported a group of peanuts overseas，the foreign customer opened an irrevocable letter of credit，with shipment terms：“Shipment from Chinese port to Singapore in May．Partial shipment prohibited”．Because of shortage of supply，prior to May 15th，loaded 200 metric tons of peanuts at the port of Qingdao by S．S．“Dongfeng”，and obtained a bill of lading；then they got a number of sources in Yantai，under the premise that the exporter should bear the related costs the ship sailed to Yantai Port and 300 metric tons of peanuts were installed on the same ship．On May 20th obtained the bill of lading．After that the exporter submitted two sets of bills within the credit period to the bank for negotiation，the bank dishonored on the grounds of partial shipment which is not consistent to the L/C．
Question：Is the bank’s dishonor reasonable? Why?
5. Who Should Be Responsible for the Damaged Tea
Entrusted by a goods owner，a forwarding agent arranged the export of a shipment of tea by sea．The forwarding agent finished the container packing and gave the container that was fully loaded with the goods to the shipping company．In the mean time，the owner of the goods got the cargo transaction insurance by itself．
The consignee found the container sending out very disgusting odor when it unpacked the container to pick up the goods．After related investigation it was found that it was due to the fact that the container had carried caffeine during its last shipment，and，as a result，the tea in this shipment was contaminated．
Questions：
(1)To whom the consignee can claim? Why?
(2)Who should take the liability of the tea contamination accident?
6．There Was an FOB contract；the buyer had insured the “all risks”of “warehouse to warehouse clause”with the insurance company．When the seller was shipping the goods from the warehouse to the loading dock，the risk losses took place within the scope of underwriting，after that the seller claimed to the insurance company for compensation because the insurance policies contain“warehouse to warehouse clause”，but was refused．Later，the seller requested the buyer to claim, and also was rejected．
Question：Please analyze the case．
7. The Possibilities of Getting Back the Money When the Draft is on Due
Company A from China exported to Company B of Thailand．Payment was to be made by D/P at 90 days after sight．After the shipment of goods，draft and shipping documents were sent to the foreign collection bank through remitting bank in the exporter’s country．Company B had accepted the draft．After the arrival of the goods at the port of destination，Company B presented the trust receipt and took delivery of the goods for resale in advance against the borrowed shipping documents from the local collecting bank, because B was in urgent need of
the goods．When the draft was falling due，B became insolvent because of poor management．The collecting bank informed the remitting bank that the drawee rejected the payment and suggested Company A to collect the money back directly from Company B．There was another 30 days left before the draft was due．
Question：Please analyse the possibilities of getting back the money when the draft is on due，and provide your suggestions of how to solve the problem．
8. The Relationship between the Issuing Bank and the Beneficiary
A light industrial products import and export company from Nantong，Jiangsu Province imported a batch of small household electrical appliances．The goods were to be shipped in two lots，and payment was to be made by negotiable irrevocable letter of credit．A branch of Bank of China was to open a letter of credit for each lot．After the first shipment，the seller presented the documents to the bank for negotiation．The negotiating bank，after checking，found no discrepancy and thus negotiated the draft．The branch office of Bank of China later reimbursed the negotiating bank．The importer of Nantong received the first shipment and found the quality of the goods did not match the stipulations of the contract，and then asked the Bank of China to refuse the payment for the second lot of the goods under the second L/C．The Bank of China refused the importer’s requirement．
Question：Is it right for Bank of China to do so? Why?
9．An import and export company in China reached a transaction of exporting sickle to a Thailand importer by“sale by samples”．The contract stipulated that the valid period of re-inspection was within 60 days after the goods arrival at the port of destination．The Thailand importer did not raise any objections to the goods after the re-inspection of the arrival goods at the port of destination．100 days later，however, the Thailand importer called，saying that：All the sickles were rusted and had to be on sale．Therefore the Thailand importer claimed a 40％of the total price as a compensation for their losses．Then the seller immediately reviewed our retained sample，also found the similar problem．
Question：Should the seller agree on the buyer's requirements? Why?
10．Look through the following telex-messages：
(1)A sent B on Wednesday a telex：“The Chinese Rosin W-level of 100 metric tons，the Hong Kong Ex-factory price of USD 500 per metric ton，spot cash transaction，be opened by Friday．”
(2)B replied the telex on Thursday：“The Chinese rosin W-class，100 metric tons，the Hong Kong Ex-factory price of USD 500 per metric ton，do you agree the delivery within two months．”
(3)B immediately sent a telex，at 1:25 p.m. on Friday, pending the receipt of A’s reply，to accept the offer：“We accept the offer of the Chinese rosin W-class，100 metric tons，the Hong Kong Ex-factory price of USD 500 per metric ton，cash spot transaction．”
Question：Was the contractual relationship established? Why?。