国商案例翻译
国际商法英文案例
国际商法英文案例International Business Law English Case Study。
In the field of international business law, there are numerous case studies that serve as valuable learning tools for students and professionals alike. One such case study involves a dispute between two multinational corporations over a breach of contract in a joint venture agreement.This case provides a comprehensive understanding of thelegal principles and practical implications ofinternational business law.The case study revolves around a joint venture agreement between Company A, a technology company based in the United States, and Company B, a manufacturing company based in China. The agreement outlined the terms and conditions for the development and production of a new line of consumer electronics. However, due to unforeseen market changes and disagreements over intellectual property rights, the joint venture faced significant challenges, ultimatelyleading to a breach of contract.The legal issues in this case study encompass a wide range of international business law principles, including contract law, intellectual property rights, and dispute resolution mechanisms. The breach of contract raised questions about the applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the jurisdiction for resolving the dispute. Additionally, the case highlighted the importance of understanding cultural differences and business practicesin international joint ventures.In analyzing this case study, it is crucial to consider the legal implications of the breach of contract and the potential remedies available to the parties involved. The application of CISG in cross-border transactions, as well as the enforcement of arbitration clauses in international contracts, are key aspects of this analysis. Furthermore, the case study underscores the significance of duediligence and risk management in international business transactions to mitigate potential legal disputes.From a practical perspective, this case study offers valuable insights into the challenges and complexities of conducting business across borders. It emphasizes the need for clear and comprehensive contractual agreements, as well as proactive measures to address potential conflicts and disagreements. Moreover, the case study serves as a reminder of the importance of seeking legal counsel and engaging in alternative dispute resolution methods, such as mediation and arbitration, in the international business context.In conclusion, the international business law case study presented here sheds light on the intricacies of cross-border business transactions and the legal considerations that accompany them. It serves as a compelling example of the complexities and challenges that multinational corporations face in the global marketplace. By examining the legal principles and practicalimplications of this case study, individuals can gain a deeper understanding of international business law and its impact on international business operations.。
国际商法课程案例翻译作业-APDC诉HLC案
Alpha Prime Development Corp. v. Holland Loader Co., LLCAPDC诉HLC案United States District Court,D. Colorado.ALPHA PRIME DEVELOPMENTCORPORATION, Plaintiff,v.HOLLAND LOADER COMPANY, LLC; andSteven Michael Svatek, Defendants.Civil Action No. 09-cv-01763-WYD-KMT.July 6, 2010.West KeySummary170A Federal Civil Procedure170AXVII Judgment170AXVII(C) Summary Judgment170AXVII(C)2 Particular Cases170Ak2510 k. Sales Cases in General. Most Cited CasesGenuine issues of material fact existed as to when a seller was to refurbish a piece of coal mining equipment, a loader, either before it was sent to the buyer in Mexico or after. Therefore, summary judgment was precluded on the buyer's claim for relief against the seller for delivery of nonconforming goods. The buyer's evidence supported its argument that the loader was to be refurbished prior to its shipment. However, the seller presented contradictory evidence, asserting that when it discovered the loader was inoperable after its delivery in Mexico it promised to complete refurbishment but did not, showing that even if the loader was to initially have been refurbished prior to shipment, it was unclear whether the parties agreed that it could be refurbished once in Mexico.美国地方法院D．科罗拉多州原告，阿尔法高级发展公司V被告，荷兰装载公司和史蒂芬迈克尔svatek民事诉讼No. 09-cv-01763-WYD-KMT.2010年7月6号西方主要摘要170A联邦民事诉讼程序170AXVII审判170AXVII(C)即决审判170AXVII(C)2特定案例170Ak2510 k.总的买卖案例。
国际商法案例及部分知识点
卹国际商法案例及部分知识点Contract Law for the International Sale of GoodsCase 1On July 27th, 1986, A company of our country, at the request of B company of the Netherlands, offered to sell 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, increase the quantity and lengthen the time of the validity of the offer again and again. A company then agreed to increase 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 risen violently in the world market, so we refused to fulfill the contract and replied to B company that we had sold the goods before receiving the acceptance.Definition of contractIn common law countries, contract means a promise or set of promises, for breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty.In civil law countries, contract is a mutual assent 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 contractForm in contract law means whether a contract is made in writing or orally. 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.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 witnesses.Discuss the following cases and decide whether there is an offer.a. A advertised 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 used the remedy, and caught influenza. But A refused to pay $100 to the plaintiff.b. A advertised the holding of an auction sale. B sued to recover the expenses he had incurred in attending at the advertised place and time, only to find that the sale had been cancelled.Lapse(失效) of an offera. 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 caseOn 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 sell goods to Lee by a document which stated: “This offer to be left over until Friday, 10 a.m. Acceptance should be by post”. On Thursday Chan contracted to sell the goods to Wong. Chan then wrote a letter to Lee revoking the offer. The letter of revocation reached Lee on Saturday, 11 a.m. On Friday 9 a.m. Lee posted a letter of acceptance which reached Chan on Saturday 4 p.m. Advise Lee according to Hongkong law.A offered to sell a farm toB for $1,000. B refused and intended to buy it at $950, which A refused. B then wrote purporting to accept the original offer of $1,000. But A refused. Was the contract formed?Case analysisBob, who was living in Boston, bought real estate by mail through Tom, a real estate agent in New York. Tom sent Bob several pictures of the house and a general description of the house and its neighborhood. Included in the description was the statement that the house was “within easy walking distance of school, churches, and shopping centers”. After moving in, Bob discovers that the closest school is four miles away. Is this misrepresentation sufficiently material to justify rescission? Decision: The answer depends on who Bob is. IF Bob is a retire, childless widower, the misrepresentation 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.Validity of ContractJack agrees to sell Giant a goose for $20. Both parties think the goose is a regular goose, which Giant wants for breeding. Before the goose is transferred, the goose begins laying golden eggs, which makes her priceless. Jack refuses to uphold the agreement and Giant sues to enforce the contract.Jack is building himself a monument and needs a rock-cutting machine. He sees Giant's ad in the Bargain Trader Newspaper for a rock-cutting machine for $10,000, Jack goes to Giant's house and inspects the machine, Giant accurately answers all questions Jack asks. Jack offers Giant $10,000 for the machine. Before the transaction takes place, Jack finds out the rock cutter will not be the type suitable for cutting his marble.Case analysis 1Cometals公司从一家英国商品贸易公司Tarbert贸易公司购买肯里亚红豆。
国际商法第二章翻译
1/1/971第二章销售CISG下合同由乔纳森钟演讲1/1/972销售CISG下合同联合国公约关于合同货物（CISG）的国际销售是在合同货物在1980年4月11日在维也纳国际销售通过的联合国会议和生效的1988年1月1日。
该公约旨在取代1964年海牙公约。
1964年海牙公约：货物的合同国际货物销售形成国际销售，并统一法统一法。
1/1/973预约到CISG的规定∙各成员国被允许作出保留的公约大多数条款。
∙如果一个成员国作出保留到一个特定的规定，这一规定将不适用于涉及其业务在成员国的地方党的合同。
∙该规定将在工作中涉及的方式的成员国按预期在预约合同。
1/1/974销售CISG下合同1.公约中的应用2.修改或不同的公约规定的效力3.合同的形成4.根据公约根本违约5.履行合同6.补救措施7.风险下的约定传球8.商品根据公约保护9.通过修改和解释的潜在利用公约10.加入该公约成为澳大利亚法律的11.在CISG的宪法意义1/1/97五公约中的应用∙概述∙经营地点∙规则管理公约的操作∙在约定的应用程序的限制1/1/976概述∙这是必要的，国家的法律成为下这些规则的合同的准据法是该公约在合同的时间，即使在公约下的国家法律规定的有关冲突适用的一员。
∙不管是不是该公约的适用是强制性的成员国是一个问题待讨论。
∙该公约的申请，可由当事人，可以推断出推论来自各方的默许默认承接在试验初期诉讼不提高公约的问题，隐含的协议被拒绝。
∙公约在任何特定情况下的应用程序已经不可避免地受到有关法律传统。
∙公约的规定，合同的可分部分的应用是可能的，而且也隐含根据公约允许的。
1/1/977公约适用情况∙该公约适用于：1.本合同当事人在不同的国家他们的营业地点;1.无论是双方合同的营业额是该公约的成员国家，或公约适用的冲突规则操作的结果，即使一方可能来自一个国家是不是会员，和2.合同，或者特定问题的主题由法庭处理，不例外公约的应用之一的下降。
国际商务英语教程(第三版)翻译
国际商务英语教程(第三版)翻译商务英语课文翻译资料Lesson 1Modes of International Business国际商业模式When pursuing international business, private enterprises and governments have to decide how to carry out their business, such as what mode of operation to use. The following shows that a company has a number of modes from which to choose.在进行国际商务时，民营企业和政府必须决定如何展开他们的业务，比如使用什么操作方式。
下面展示了一个公司的一种选择模式。
MERCHANDISE EXPORTS and IMPORTS 商品出口和进口Companies may export or import either goods or services. More companies are involved in exporting and importing than in any other international mode.公司可以出口和进口任何商品或服务。
与其他任何国际模式相比，越来越多的公司参与出口和进口业务。
This is especially true of smaller companies, even though they are less likely than large companies to engage in exporting. ( large companies are also more apt to engage in other forms of foreign operations in addition to exporting and importing. ) merchandise exports are tangible products –goods –sent out of a country ; merchandise imports are goods brought in.这种情况特别适合于较小的公司，尽管他们不太可能像大公司那样从事出口。
国际商法英文案例选编3, CISG
is obligation of taking delivery? • 2, What are the main grounds for the
judgment of the district court?
Buyer’s Remedies
– Remedies for breach of contract by the seller are provide in Section III of Chapter II
– Damages (Article 45) – Specific performance (Article 46, Article 47) – Request for repair and substitution (Article 46) – Avoidance (Article 49, Article 51 ) – Reduction in price (Article 50) – Refusal to taking early delivery or excessive
obligations of buyers and sellers) – Party Ⅳ Article 89-101: final provisions
(ratification and the entry into force of the Convention)
Coverage
• CISG
– applies to international sale of most commercial goods that are movable and tangible.
国际商法英文案例中文翻译
Pharmaceutical Society of Great Britain v. Boots Cash Chemists (Sourhern) Ltd.[1953] 1Q. B.401,[1953] 1 All E.R.482(C.A.)The defendants, Boots,operated a self –service pharmacy.One part of the store was called the”Toilet Dept.,”and another the”Chemists …Dept.”One of the shelves in the chemists‟ department drugs,including proprietary medicines ,were displayed in individual packages or containers with an indication of the price of each. One section of the shelves in the chemists‟ deparement was devoted exc lusively to drugs which were included in, or which contained substances included in ,Part Ⅰof the Poisons Act , 1933;…The defendants‟ staff included a manager ,a registered pharmacist, three assistants and two cashiers, and during the time when the premises were open for the sale of drugs the manager ,the registered pharmacist,and one or more of the assistants were present in the room.In order to leave the premises the customer had to pass by one of two exits, at each of which was a cash desk where a cashier was stationed who scrurinized the articles selected by the customer, assessed the value and accepted payment .The chemists‟ department was under the personal control of the registered pharmacist, who carried out all his duties at the premises subject to the directions of a superintendent appointed by the defendants in accordance with the provisions of section 9of the Act.The pharmacist was stationed near the poison section, where his certificate of registration was conspicuously displayed, and was in view of the cash desks. In every case involving the sale of a drug the pharmacist supervised that part of the transaction which took place at the cash desk and was authorized by the defendants to prevent at that stage of the transaction , if he thought fit, any customer from removing any drug from the premises.No steps were taken by the defendants to inform the customers, before they selected any article which they wished to purchase , of the pharmacist‟s authorization.On April 13 , 1951,at the defendants‟ p remises,two customers,following the procedure outlined above, respectively purchased a bottle containing a medicine known as compound syrup of hypophosphites, containing 0.01% W/V strychnine, and a bottle containing medicine known as famel syrup, containing 0.23%W/V codeine, both of which substances are poisons included in PartⅠof the Poisons List…The question for the opinion of the court was whether the sales instanced on April 13, 1951, were effected by or under the supervision of a registered pharmacist , in accordance with the provisions of section 18(1)( a )(iii) of the Pharmacy and Poisons Act . 1933.The Lord Chief Justice answered the question in the affirmative [[1952] 2 Q .B .795, [1952] 2 All E . R. 456 ].The Pharmaceutical Society appealed.S omervell L. J….The plaintiffs are the Phaimaceutical Society , incorporated by Royal charter .One of their duties is to take all reasonable steps to enforce theprovisions of the Act. The provision in question is contained in section 18.[His Lordship read the section, stated the facts ,and continued:] It is not disputed that in a chemist‟s shop where this self-service system does not prevail a customer may go in and ask a young woman assistant ,who will not herself be a registered pharmacist, for one of these articles on the list ,and the transation may be completed and the article paid for, although the registered pharmacist, who will no doubt be on the premises, will not know anything himself of the transaction, unless the assistant serving the customer,or the customer, requires to put a question to him. It is right that I should emphasize ,as did the Lord Chief Justice, that these are not dangerous drugs. They are substances which contain very small proportions of poison , and I imagine that many of them are the type of drug which has a warning as to what doses are to be taken. They are drugs which can be obtained, under the law ,without a doctor‟s prescription.The point taken by the plaintiffs is this: it is said that the purchase is complete if and when a customer going round the shelves takes an article and that therefore, if that is right, when the customer comes to the pay desk, having completed the tour of the premises, the registered pharmacist, if so minded, has no power to say:”This drug ought not to be sold to this customer.” Whether and in what circumstances he would have that power we need not inquire, but one can, of course ,see that there is a difference if supervision can only be exercised at a time when the contract is completed,I agree with the Lord Chief Justice in everything that he said, but I will put the matter shortly in my own words. Whether the view contended for by the plaintiffs is a right view depends on what are the legal implications of this layout – the invitation to the customer . Is a contract to be regarded as being completed when the article is put into the receptacle, or is this to be regarded as a more organized way of doing what is done already in many types of shops – and a bookseller is perhaps the best example –namely, enabling customers to have free access to what is in the shop, to look at the different articles, and then, ultimately, having got the ones which they wish to buy ,to come up to the assistant saying “I want this?” The assistant in 999 times out of 1,000 says “That is all right, ” and the money passes and the transaction is completed. I agree… that in the case of an ordinary shop , although goods are displayed and it is intended that customers should go and choose what they want, the contract is not completed until, the customer having indicated the articles which he needs ,the shopkeeper, or someone on his behalf, accepts that offer . Then the contract is completed . I can see no reason at all, that being clearly the normal position, for drawing any differernt implication as a result of this layout.The Lord Chief Justice, I think , expressed one of the most formidable difficulties in the way of the plaintiffs‟ contention when he pointed out that ,if the plaintiffs are right ,once an article has been placed in the receptacle the customer himself is bound and would have no right , without paying for the first article, to substitute an article which he saw later of a similar kind and which he perhaps preferred. I can see no reason for implying from this self – service arrangement any implication other than . . . that it is a convenient method of enabling customers to see what there is and choose ,and possibly put back and substitute, articles which theywish to have , and then to go up to the cashier and offer to buy what they have so far chosen. On that conclusion the case fails, because it is admitted that there was supervision in the sense required by the Act and at the appropriate moment of time. For these reasons, in my opinion, the appeal should be dismissed.Birkett L . J. [noted that it was the duty of the Pharmaceutical Sociey to enforce this part of the Act and continued:] The two women customers in this case each took a particular package containing poison from the particular shelf, put it into her basket , came to the exit and there paid. It is said ,on the one hand, that when the customer takes the package from the poison section and puts it into her basket the sale there and then take place. On the other hand ,it is said the does not take place until that customer , who has placed that package in the basket , comes to the exit.The Lord Chief Justice dealt with the matter in this way ,and I would like to daopt his words [[1952] 2 Q.B.795 at 802]:It seems to me, therefore, that the transaction is in no way different from the normal transaction in a shop in which there is no self - -service scheme. I am quite satisfied it would be wrong to say that the shopkeeper is making an offer to sell every article in the shop uo any person who might come in and that that person can insist on buying any article by saying “I accept your offer.”Then he went on to deal with the illustration of the bookshop,and continued:Therefore, in my opinion ,the mere fact that a customer picks up a bottle of medicine from the shelves in this case does not amount to an acceptance of an offer to sell.It is an offer by the customer to buy and there is no sale effected until the buyer‟s offer to buy is accepted by the acceptance of the price. The offer ,the acceptance of the price ,and therefore the sale take place under the supervision of the pharmacist .That is sufficientto satisfy the requirements of the section for by using the words “the sale is effected by ,or under the supervision of ,a registered pharmacist ”the Act envisages that he sale may be effected by someone not a pharmacist. I think ,too, that the sale is effected under his supervision if he is in a position to say “Y ou must not have that : that contains poison, ” so that in any case ,even if I were wrong in the view that I have taken on the question as to when the sale was completed ,and it was completed ,and it was completed when the customer took the article from the shelf, it would still be effected under the supervision of the pharmacist within the meaning of section 18.I agree with that ,and I agree that this appeal ought to be dismissed.[Romer L . J . delivered a concurring judgment.]医药学会大不列颠诉靴现金化学家（sourhern）有限公司被告，靴子，开办了一个自我–服务药房。
商务谈判课文案例翻译
P7 Goodbye Doha, Hello Bali 再见多哈，你好巴厘The Doha trade talks are dead. Replace them with a rapid new deal, called the "Global Recovery Round”多哈贸易会谈失败告终。
取代他们的将是一个更快更新的洽谈，名曰“全球复苏回合”贸易和增长向来连在一起。
当经济危机在2008年第一次来临时，世界贸易和增长同时崩溃。
在2009年都恢复了，并且直到今年都做的很好，今年又都滑车了。
减少关税和复杂手续可以促进贸易并支持不稳定的复苏。
这需要鼓励采取行动用一个关乎多面交易的努力来取代失败的多哈贸易会谈。
由WTO在2001年提出的多哈会谈的目标是值得赞扬的。
它尽心尽力的将贫穷国家提到前位，在发展他们的农民进入到富有国家市场途径方面，给与他们特殊的优先权。
它同样很有野心，涵盖了不止是工业产品、农业和服务业的贸易，还包括了一系列与贸易不那么直接相关的事物（比如说：反垄断，知识产权以及外国投资政策）。
根据皮特森研究所，一个智囊团，一年的潜在获益大约在2800亿美元左右。
它的失败是一个悲剧。
坏人们是有力的游说者，尤其是在农业，比如美国的棉花和制糖工业以及日本的大米农民和渔民。
但是在多哈仍然有两个结构上的问题。
第一就是国家的数量。
在1947年第一次世界贸易洽谈结束时，一共有23个国家参加。
当开始举办多哈时，已经有155个。
第二，想法是要完成一个伟大的交易，其中农业、制造业和服务业都需要是自由贸易的。
但是在某些地方要达到一致是如此的困难，以至于WTO的真言“除非全都一致，否则没有一致”被证明是致命的。
问题：为什么在多哈谈判上难以达成协议？Less ambition, more achievement在失去很多可能达成一致的机会之后，一个“最后的截止日期”被设定为2011年12月31日。
在这个日期内同样没有达成。
国际商法案例
Chapter 10 Case 11. Seller, whose place of business is in State A, and Buyer, whose place of business is in State B, enter into a contract that stipulates that the CISG applies. Neither State A nor State B is a contracting state. Does the convention apply?译文：营业地在A国的卖方和营业地在B国的买方签订了一份规定《联合国国际货物销售合同公约》适用的合同。
A国和B国都不是公约的缔约国。
公约能适用吗？分析：According to CISG PartⅠ（Article 1), CISG applies to contract for the international sale of goods-that is, the buyer and the seller must have their places of business in different states. In addition, either both of the states must be contracting parties to the convention or the rules of private international law must lead to the application of the law of a contracting state. In this situation, the rules of private international law stipulates that the contract applies to the law of a contracting state. As a result, the convention applies.适用。
国际商事合同法英文案例及答案
国际商事合同法英文案例及答案Case: The Dispute over the Sale of Handmade Carpets.Facts:ABC Carpets, a small business in Country A, specialized in making high quality handmade carpets. XYZ Imports, a company in Country B, contacted ABC Carpets with an intention to buy 50 carpets for a total price of 50,000. They sent an email stating, "We would like to purchase 50 of your handmade carpets at the price of 1,000 each. Please confirm." ABC Carpets replied via email, "We accept your offer. However, we can only deliver the carpets in three months as we have a large backlog of orders currently." XYZ Imports did not respond to this email.Two months later, XYZ Imports sent another email saying, "We have changed our mind. We no longer want to buy the carpets." ABC Carpets was furious as they had already started preparing the carpets and had even turned down other potential customers.Legal Issue:Was there a valid contract between ABC Carpets and XYZ Imports? And if so, was XYZ Imports allowed to back out of the deal?Analysis:In international commercial law, for a contract to be formed, there must be an offer and an acceptance. In this case, XYZ Imports made an offer to buy 50 carpets at a certain price. ABC Carpets accepted the offer but added a condition regarding the delivery time. Now, the question is whether this was a qualified acceptance or a counter offer.If it's considered a qualified acceptance (where the acceptance is on the same terms as the offer with just some additional non material terms), then a contract was formed. Here, the delivery time might be considered a non material term as long as it was reasonable in the context of the carpet making business. Since XYZ Imports did not object to this additional term immediately, it could be argued that a contract was formed.If it was a counter offer, then XYZ Imports would need to accept ABC Carpets' new terms for a contract to be formed. But their lack of response does not necessarily mean they accepted the counter offer.However, considering the circumstances and the nature of the business, it seems more likely that this was a qualified acceptance. And if that's the case, XYZ Imports is not allowed to simply back out of the deal without a valid reason.Answer:There was likely a valid contract between ABC Carpets and XYZ Imports. XYZ Imports was not allowed to back out of the deal without a proper legal excuse. ABC Carpets may have a claim against XYZ Imports for damages resulting from the breach of contract, such as the loss of potential sales to other customers and the costs already incurred in preparing the carpets.。
国际商法中文案例
1、蒂格瑞特诉鲍英特案原告蒂格瑞特在为海底特建组公司做工时受伤，1974年4月便以该公司未被告要求获得工伤赔偿金。
1974年5月1日，该公司的唯一经理和股东鲍英特以减少公司对自己负债为由将公司的所有财产转让给自己，同一天，鲍英特又将该笔财产贷给自己的另一家公司——海瑞特公司，这样，尽管法院判海瑞特建筑公司付给原告2万美元的补偿，但却因该公司分文不剩而无法执行，原告只得转而控告该公司财产的受让人即鲍英特和海瑞特公司。
2纽本诉马斯本登案原告（纽本）曾与一个叫克瑞金者签订一份书面合同，协议购买通过“约克车行”建造的布德莱号汽车，原告付清全部价款后，克瑞金没有交货即不见踪影了。
原告认为，克瑞金和被告（马斯本登）是合伙人，被告曾向“约克车行”无息投入8.5万美元，并用为布莱德号汽车购买元件和其他设备的方式参与了经营，原告到“约克车行”时如果逢克瑞金在便总是与被告打交道，被告还从汽车销售中获得利润。
被告则辩称，其所投入的8.5万美元属“贷款”，取得汽车销售款识“贷款”的偿还和购买部件等劳务的报酬。
3凯肯诉就业保障委员会案由于两名曾在原告凯肯理发店中工作的发型师失业未获补偿，被告特拉华州就业保障委员会便对原告进行了罚款。
原告不服，诉称：失业的两名理发师并非雇员而是其合伙人，他们所订立的合同协议的第一段即明确要建立合伙组织，并且该组织已被登记为合伙企业，他们还按章缴纳联邦合伙税。
“合伙协议”的第二段规定了原告提供理发桌椅、水电供给和技术，两名理发师提供理发工具，在解散时这些东西各归提供者。
同时规定了原告和两名理发师的收入分配方式，按月支付。
但未规定共负企业的亏损。
该协议的第四段规定合伙的一切政策皆由原告制定，该协议的第五段规定了理发师的工作时间和节假日。
此外，在日常事务中总是由原告和所有的供给者打交道，购买技术许可，办理保险并只以自己的名义出租理发店中的财产。
4哈威诉富赛案原告（哈威）向被告（富赛）发出一项询电：“你方愿意向我们出售巴布赫本笔吗？电报最低价。
国际商法案例分析1（英文）
国际商法案例分析1（英文）国际商法案例分析1（英文）CASES IN INTERNATIONAL COMMERCIAL LAW1. On January 1，Sel1er sent a letter to Buyer offering to se11 to Buyer 5，000 ornaments for$25 apiece. The letter also stated: “This offer is binding and irrevocable until February l.” OnJanuary 5, p rior to Buyer’s receipt of the letter, Seller called Buyer on the telephone and left the following message on the answering machine at Buyer’s place of business: “Ignore my letter of January 1. I have decided to withdraw the offer contained in it.” On Jan uary 7 , afterlistening to her answering machine and reading the letter that arrived that same day, Buyer sent Seller the following telegram: “I accept your offer of January 1.”Q: Is there a contract under CISG?2. On December 1, Seller sent to Buyer an offer to sell 5,000 ornaments to Buyer for $25 apiece. The offer stated: “The offer will remain open until December31.” On December 10, Buyer answered: “The price is too high; I don’t accept your offer.” Then, On December 15,Buyer changed his mind an d sent a telegram stating: “I accept your December 1 offer afterall.” Seller replied: “Your acceptance is too late, since you already reject the offer.” In turn,Buyer answered: “The acceptance is good, since you promised to keep your offer open until D ecember 31.”Q: Is there a contract under the CISG?3. Buyer received a letter in her mail on January 1 offering tosell Buyer 5,000 ornaments $20 apiece. Seller’s letter closed with the following statement: “I know that this offer is so attractive that I will assume that you accept it unless I hear otherwise by January 31.” Buyerdid not reply. Seller shipped the ornaments on February 1.Q: What are Buyer’s responsibilities under CISG?4. Seller and Buyer entered into a written contract for the manufacture by Seller of l0,000 ornaments of a design specified by Buyer and set out in the contract. The contract also provided: “This contract may only be modified in a writing signed by both parties.” Before Seller had begun work on the ornaments, Buyer and Seller agreed by telephone to a change in the specifications for 2,500 of the ornaments. Seller then produced and delivered the 2,500 ornaments as specified. Buyer refused to accept them because they did not conform to the specifications in the original contract.Q: Assuming CISG applies, who breached?5. Buyer and Seller entered into a contract governed by CISG for Seller to deliver a1sophisticated computer to Buyer by January 1. Seller was late in delivering the machine, so Buyer wired Seller on Ja nuary 2: “Anxious to take delivery of the computer. Hope that it arrives by February 1.” Seller delivers the computer on February 5, but Buyer refuses to accept it and declares that the contract is avoided because Seller failed to hand over the computer before the February 1 date specified in the January 2 telegram. Both Buyer and Seller agree that there has not been a fundamental breach.Q: Is Buyer able to avoid the contract under thesecircumstances?6. Dealer in the United States owned a cargo of 10,000 barrels ofoil that had been shipped from Mexico on January 1 for arrival in the United States on February 1. On January 15, Dealer informed Buyer that the oil was on the transit and they concluded a contract. On arrival, inspection showed that the oil had been contaminated by seawater at some indeterminate time during the voyage.Q: Assuming CISG applies, who bears the risk?7. Seller agreed to deliver three software programs to Buyer thatare specially designed for Buyer’s business. The first was to be delivered in January the second in February, the third in March, The program delivered in January worked fine, but the one delivered in February was defective. It not only failed to function properly, it also made the other two programs effectively worthless. Seller was unable tocorrect the defect, and no suitable replacement could be found from another supplier.Q: What CISG remedies are available for Buyer?8. Stan, a manager of an English computer company, returns home from work to discover his house surrounded be police. His wife is being held hostage and threatened by her captor. Stan pleads with the police to rescue her and offers $5000 to the policeman who brings her uninjured to safety. A police officer, Peter, eventually talks the captor into releasing the woman hostage and he leads the woman to safety. When Peter goes to collect his bonus, Stan says, “Thank you very much but I have no intention of paying.”Q: Would Peter succeed in a court action against Stan?9. A (an American company) entered into a contract with B (a Japanese company), which was under the CISG. The contract provides that A delivers 1000 personal computer housings by December 1 to B in Tokyo, for a total price of $50000. On July 1, A faxed B that due to a rise in prices they could not deliver for less than $60000. B replied that it would insist that A2deliver at the original price. Then A refused to delivery the goods under the contract. From July 1 through September, B could have bought the housing from other suppliers for $55000 for December 1 delivery. On December 1, B covered and purchased the housing for $64000 for deliveryon February 1. Because of the delay until February 1 B sufferedadditional damages $2000.Q: Please discuss the behavior of A. What is the meas ure of B’s damages? Was B under anyduty to mitigate damages? Why or why not?10. Seller agreed to ship 10,000 tons of potatoes FOB Tacoma, Washington, to Buyer in Japan. Buyer designated the SS Russet to take delivery at pier 7 in Tacoma. On the agreed date for delivery Seller delivered the potatoes to pier 7, but the ship wasnot at the pier. Because another ship using the pier was slow in loading, the Russet had to anchor at a mooring buoy in the harbor and Seller had to arrange for a lighter to transport the potatoes in containers to the ship. The lighter tied up alongside the Russet and a cable from the ship’s boom was attachedto the first container. As the container began to cross the ship’s ra il the cable snapped. Thecontainer then fell on the rail, teetered back and forth for awhile, and finally crashed down the side of the ship and capsized the lighter. All of the potatoes were dumped into the sea. Buyer now sues Seller for failure to make delivery.Q: Is Seller liable? Suppose the contract had been FAS Tacoma. Would Seller be liable?11. Seller in Sydney, Australia, agreed to ship goods on or before December 31 under a CIF Sydney contract to Buyer in Honolulu. The sellerwas unable to assemble the goods for delivery in time to reach the ship in Sydney and had to transship the goods by rail to Melbourne, where the ship was taking on goods on January 3, Seller did load the goods aboard railway cars in Sydney on December 29 and received a bill of lading from the rail-way Company on that date. Seller later obtained a bill of lading from the ship, and together with an invoice and a marine insurance policy, tendered both bills of lading to Buyer. Buyer refused to accept the documents or to pay Seller. Seller sues to enforce the contract. Q: Will Seller win?12. Seller in Bombay sells 5,000 bales of cotton to Buyer, C &F (Incoterms l990) Liverpool. Seller transports the cotton to the Bombay harbor and to the ship designated by Buyer, the SS Allthumbs. Due to an error in counting, there are only 4,987 bales loaded. The ship’s bill oflading, however, shows a quantity of 5,000 bales. Seller then signs over the bill of lading to Buyer in exchange for payment in full for the cotton. When the Allthumbs arrives in Liverpool 3the quantity error is discovered, and Buyer sues the ship for thelost value of the missing bales.Q: Is the ship liable? Would it matter if the Seller admitted that the error was not the ship’sfault, but that of the Seller?13. New York Merchandising Company (NYMCO) imported foods producedby C-ART in Hong Kong. The goods were shipped on the Hong Kong Island Lines (carrier). The parties prior course of dealing hand been for the carrier to release the goods to NYMCO on its presentation o f a “bank guarantee”. These bank guarantees released the carrier from liability for any misdelivery. On this occasion, however, the carrier released the goods upon NYMCO’s corporate guarantee of payment. Soon thereafter, NYMCO filed for bankruptcy. C-ART sued the carrier to recover the money owed for the goods. The carrier argued that it was not liable for misdelivery because NYMCO has good title to the goods from the time they were shipped in Hong Kong.Q: Do you agree with this argument,The carrier also claims that the bills of lading are notvalid because the importer NYMCO was insolvent. What is wrong withthe argument?14. X (a Chinese company) concluded, acting as an agent of Z (a Chinese factory), contract with Y (an American company) to purchase ten machines. Upon the arrival of the machines in Qingdao, the carrier handed over the machines to Z who showed certificate by a municipal organ, failing to make the delivery to X who still held the bill of lading but (the relevant businessman)was away in Guangzhou at a meeting. X sued Z for damages.Q: Who should X sue for damages? Has the property of the goods passed to Z? Was the carrier liable for the damage? What liabilities of X?15. Ms. V, a wealthy art collector in Country W, is interested in buying a rare painting from Mr. Y in Country Z. Both parties agree that the price is to be determined by an independent appraiser. V informs Y that she will send her agent, X, with a bill of exchange to collect the painting. V draws an at-sight bill payable to V but leaves the amount blank. She gives the bill to X and instructs him to deliver it to Y. Without authority X fills in the amount for 1 mil-lion US dollars and presents it to Y, who has, in the meantime, received the appraisal. The appraised price is $750,000. X tells Y that Ms. V had made the bill out for $1 million to insure that it would exceed the appraisal price, and that V has instructed X to return with the painting and the difference in cash. Y gives X the painting and $250,000. X delivers the painting, but then disappears with the $250,000 in cash. When V discovers what has happened, she4instructs the payer named on the bill stop payment on her instrument and offers to pay Y $750,000 for the painting.Q: Is the bill of exchange is an effective instrument? Why,If it is, when Y presents the bill tothe named payer, he insists that he must be paid the bill’s full face value of $1 million. Is Ycorrect? If it isn’t, what measures can Y take?16. A has signed a contract to buy 10,000 “new coffee percolatorsin the manufacturer’sorig inal packaging, with standard manufacturer’s warranty,” form B.B agrees to ship thepercolators CIF, and A agrees to, make payment by means of an irrevocable letter of credit. A contracted C Bank, with issues a letter of credit promising to pay a bill of exchange issued by and payable to B when it is accompanied by an invoice and a clean, on board bill oflading for “10000 new coffee percolators in the manufacturer’soriginal packaging, with standardmanufacturer’s warranty.” A learns from C, a competito r of B, that even though B hadobtained actual bills of identifying the goods as 10,000 “newcoffee percolators in themanufacturer’s original packaging, with standard manufacturer’s warranty,” the percolatorswere actually used and inoperable.Q: (1) Is anything that A can do?(2) Would it make any different if A had positive proof that a fraud had been perpetrated?(3) Would it make any different if C Bank had confirmed the letterof credit and accepted the bill of exchange before A got the positive proof?17. A, a company in England, established a contract for the sale of sugar with B on the name of itself. In the process of concluding, A did not disclose that it was only the agent of C, an Indian factory, in England. After A had delivered the goodsaccording to the contract to B’swarehouse, B found out by inspection that part of the goods was not complied with the requirements in quality because it contaminated with solid impurity. A promised to give a satisfying answers to B. But after several resultless negotiations, A was tired to be immersed in such endless argument. Then A showed the agreement of authority and told B that it was only the agent of C which was the actual producer and supplier of the goods. Q: The intention of A was to drop out of the argument; do you think it can gain its goal? How?18. T was a tenant on L’s farm. Without any authorization from L, T ordered a new irrigation pump for the farm from K. T told K that he was L’s tenant and that he had au thority to purchase a new pu mp on L’s behalf. K then installed a new pump and billed L for $2000. L denied liability on this bill, claiming that T’s purchase was unauthorized.5Q: T did not have actual authority to purchase the pump, but was his statement to K enough togive him apparent authority to make the purchase?6。
国际商事合同法英文案例及答案
国际商事合同法英文案例及答案In a recent international business contract law case, two companies, one from the United States and the other from China, found themselves in a dispute over the terms of a contract for the supply of raw materials. The American company alleged that the Chinese company had failed to deliver the agreed-upon quantity of materials, while the Chinese company argued that the American company had not fulfilled their payment obligations in a timely manner. 在最近的一起国际商事合同法案例中，美国一家公司和中国另一家公司因供应原材料合同条款发生争端。
美国公司声称中国公司未能按约交付约定数量的材料，而中国公司则称美国公司未能及时履行付款义务。
Upon careful review of the contract terms, it became apparent that there were ambiguities in the language used to describe the quantity and quality of the raw materials to be supplied. The lack of specificity in the contract language had led to misunderstandings between the two parties, ultimately resulting in the failure of the contract. 经过仔细审查合同条款，显而易见的是，合同中描述供应原材料的数量和质量的语言存在歧义。
国际商务谈判英文案例
国际商务谈判英文案例国际商务谈判英文案例4Botany Bay是家生产高科技医疗用品的公司。
其产品“病例磁盘”可储存个人病例;资料取用便利，真是到达“一盘在手，妙用无穷”的目的。
此产品可广泛使用于医院、养老院、学校等。
因此Pacer有意争取该产品软硬件设备的代理权。
以下就是Robert与Botany Bay的代表，Mark Davis，首度会面的情形：M: Mr. Liu, total sales onthe MedicDisk were U.S.$$ 100,000 last year, through our agent in Hong Kong.R: Our research shows most of your sales, are made in the Taipei area. Your agent has only been able to target the Taipei market(把……作为目标市场).M: True, but we are happy with the sales. Its a new product. How could you do better?R: Were already wellestablished in the medical products business. The MedicDisk would be a good addition to our product range.M: Can you tell me what your sales have been like in past years?R: In the past three years, our unit sales have gone up by 350 percent; profits have gone up almost 400 percent.M: What kind of distribution capabilities(分销力量)doyou have?R: We have salespeople in four major areas around the island, selling directly to customers.M: What about your sales?R: In terms of unit sales, 55 percent are still from the Taipei area. The rest comes from the Kaohsiung, Taichung, and Tainan areas. Thats a great deal of untapped market potential(未开发的市场潜力), Mr. Davis.国际商务谈判英文案例5Dan Smith是一位美国的健身用品经销商，此次是Robert Liu 第一回与他交手。
国商文言文翻译
【原文】国商之盛，自古有之。
其兴也勃，如日中天；其衰也忽，如残月之挂柳梢。
盖商者，国之命脉也。
国盛则商昌，国衰则商亦随而不振。
昔者，吾国商贾，才智过人，诚信为本，行于四方，无远弗届。
彼时之商，或操舟于江湖，或驰马于关塞，或贩夫走卒，或巨贾富商，无不勤勉力学，以致富强。
故而，国商之盛，盛于民心，盛于朝野。
然而，盛极而衰，自古亦然。
自唐宋以降，国势渐衰，商贾亦随而日薄。
或因战乱频仍，或因税赋繁重，或因官府盘剥，商贾们疲于奔命，难以立足。
加之，市井之中，奸商横行，欺诈成风，诚信之道，日渐式微。
至明清之际，国商之衰，已至极点。
彼时，官商勾结，盘剥商贾，使得商贾们苦不堪言。
更有甚者，豪商巨贾，垄断市场，操纵物价，使得百姓生活困苦。
于是，民怨沸腾，商贾们亦感心寒。
是以，国商之衰，衰于人心，衰于朝野。
然则，盛衰兴亡，皆有其因。
吾国商贾，素以诚信为本，虽遭逢衰败，亦不失其本色。
及至近代，外患日深，国势日蹙，商贾们始知自强之必要。
于是，纷纷投身于实业，振兴国商。
夫实业兴，国商自兴。
自清末民初，我国商贾，多有远见卓识，投身于民族工业，使得国商逐渐复兴。
然复兴之路，并非坦途。
或因内忧外患，或因政策失误，国商之路，曲折坎坷。
然我国商贾，不屈不挠，屡败屡战。
今我国商贾，已如日中天，再次崛起。
其诚信为本，勤勉力学，锐意进取，使得国商盛极一时。
诚所谓：“盛者如日中天，衰者如残月挂柳。
”【译文】我国商业的兴盛，自古以来就有。
它的兴起如同太阳正午时分，它的衰落如同残月挂在柳梢。
商人，是国家命脉的所在。
国家兴盛，商业也就繁荣；国家衰落，商业也随之不振。
往昔，我国的商人，才智过人，诚信为本，行走在四方，没有哪里是他们不能到达的。
那时的商人，有的在江湖上操舟，有的在关塞中驰骋，有的为贩夫走卒，有的成为巨贾富商，无不勤奋学习，追求财富和强盛。
因此，我国商业的兴盛，源于民心，源于朝野。
然而，盛极必衰，这是自古以来的道理。
从唐宋时期开始，国势逐渐衰落，商人也随之日益衰微。
国际商法教学案例(英文选编)粉皮书案例中英答案汇总
P279 Lucy et al v. Zehmer et al1：回答是否定的，判决结果不一定对他不利。
结合本案，如果事实能证明被告Zelmer喝酒喝得烂醉，不能控制自己的行为，不明白自己所签署的文书所带来的法律后果，以致于失去理解协议内容的能力，那么Zehmer也就丧失了民事行为能力。
此时他签署的合同应是无效的或是可撤销的，则判决将倾向于对他有利。
但本案中双方醉酒之程度尚不致剥夺自由行使意思能力，故契约实已成立，原告应履行交付土地义务，以维护交易公平。
1: The answer is no, the ruling does not necessarily against him. Combination of the case, if the facts can prove that the defendant Zelmer drinking drunk, can not control their own behavior, do not understand their own instruments signed by the legal consequences, resulting in the loss of the ability to understand the agreement, it also lost the Zehmer capacity for civil conduct. At this time he signed the contract should be null and void or voidable, then the decision will tend in his favor. But the present case, the two sides of the level of drunkenness was not caused by deprivation of liberty and the ability to put the point, it really has set up a contract, the plaintiff should fulfill the obligation to deliver the land to maintain a fair deal.2：被告先后签署了两份协议使判决结果向原告倾斜，因为这种行为表明了Zehmer 慎重行事及明白自己在干什么。
【最新推荐】国际商务谈判英文案例-精选word文档 (6页)
本文部分内容来自网络整理，本司不为其真实性负责，如有异议或侵权请及时联系，本司将立即删除！== 本文为word格式，下载后可方便编辑和修改！ ==国际商务谈判英文案例A:为出口公司B:为国外进口公司场景一：价格谈判A和B开门走进办公室……A: please take your seat,--- B:Thank you.A:After anttending our new product launch meeting,you must have a detail idea about our products,---.Now please let me know what kinds of flowers you are interested.(A递给B 一个产品目录册，B迅速地翻阅并作出标记)B:Yes,your flowers are pretty beautiful and leave me a deep impression.(A接过B递回的册子，翻阅)B:And I’d like to get the ball rolling by talking about the price.what prices will you offer for these I’ve marked?A:---,before we quote price please tell me how many flowers you are going to buy.B:for No.10 we’d like to phurchase 1500 units,No.20,1000 units and 1000 units for No.30.商务谈判案例A:The usual price for No10 is 25 USD,for No20,35,and No30,50USD.they are all on the trade term of CIF Sydney.B:I think it’s unacceptable for us,you know the market has shrinked a lot during the economic ressesion period. A:we understand it,but you know these flowers are good for value.And they are newly cultivated after we tried a lot for genetic transplant.I believe you know the cost we spent.B:yes, I know that,---,it’s because of that ,I hope we can cooperate to open the market.If the price is reasonable, the large volume sales will be easy to reach,and that can remedy your large cost,right?A: (考虑片刻)Considering it’s the first time we do business and long-term cooperation in future, we can cut 1 USD for the price which we usual don’t do .B:1 USD? It makes no difference.we need more.and to be frank,we want the price to be 20,25 and 40 USD for each kind.A:No,no,no,I think you are kidding….---,that’s a big cut ,andit will make us have no returns.B:(表情严肃，犹豫片刻)Then how about 22,30 and 45 USD.A:That’s still leave us a little of margin,but increase 500 hundreds units for each kind,we can make it.B:That’s hard for us,you know it is a large size,and we can’t keep them for a long time.A:The season of large demand for flowers is coming,we guarantee the delivery within 1 month, that can be helpful for your quick sale.B:The delivery should be within 1 month, otherwise I cannot place the order. Now let’s reach some middle ground,you allow a 20% discount,I increase the order quantity by 500 hundreds units at that new price.A:20% discount? The policy regulates the maxium discount iswithin 15% in our company. And if you want to get the discount,the units you ordered have to overpass 201X for each item.B:201X units?we can’t take that many.Though you can’t offer us 15% discount,10% is ok.I hope you can accept it.---A:---,we can grant 8% at most,that’s the best we can do.And I ensure we have allow the prelivige for you. (A’s cellphone rings)A:Sorry,---,please allow me to spare a few minutes for answering the phone. B:please help yourself.(A走出办公室，B掏出手机打电话)B:hello,is that ---,this is --- calling from---C:Hi,---,this is ---,How is the business going?B:It’s tough.we are discussing price.Have you seen the brochures I sent.For No10,20 and 30,they offer us unit price of 20,25 and 40 USD on trade term of CIF Sydney with quantity of 201X,1500 and 1500 for each kind,and they also allow a 8% discount,but I want to win more.What’s your idea?C:I have checked that.they have a good reputation and quanlity products,and the price condition is also competetive,if you can’t go further,accept thatl. B:Ok,I get it.byeA接完电话回来A:Sorry,I’ve be delayed. It’s an important call from my gerenal mangage. Let’s continue.(拿着册子看了下)I ensure we have offered you our best price. And I really hope we can begin our business relationship from this transaction.B:You are a good negotiator,and I accept that.A:Great,that’s a deal.Aft er a long negotiation,you must be tired.Now let’s go to have a rest and drink some coffee.场景二：包装、支付方式、保险等条款A:---,we have decided the price, now let’s get down to some detail requirements of the products you order. First, we’d like to know how you would like the flowers are packed.B: For No.10 ,each bunch of flower should be packed in a clear transparent plastic bag(透明塑料袋) ,each bag to a paper box, 100 boxes to a carton(纸板箱).we require the plastic bags should be in 7 different colors, and the quality of each bag should be grade AAA with degree of transparency(透明度) of 100%.A: Grade AAA is large spend for us, we can’t meet your standard. The most we can do is to use gradeA. If you insist, we have to take 15 cents extra charge foreach bag.B: If you can guarantee the quality and make sure each bunch of flower to reach customers without defections(缺点), I can agree that.A: Please don’t worry,---,we can guarantee.B: For No20 and No30, each pot of flower to a wooden box,each box should be moisture-conditioned.6 articles of No.20 and 6 aritcles of No30 to a wooden case.A:It will be a waste of wood,if you use box and case at the same time.we can use wood blocks to separate the flowerpots.B:No,I can’t agree.If having no case packing, the flowers are inconvenient to convey and easy to be broken.So please do as I say.A:Ok.And what’s the requirement for shiping marks?B:We need cartons and wooden boxes painting our company name for short,loading port and number.And of course,some indicationmarks,such as fragile,keeping upright should be put on. A:Anything more?B:I think no more. That’s all.A:I get it. For package,it’s setttled. Then let’s discuss something about payment. As you know for the first time we deal with business we usually accept letter of credit.B:Letter of credit is very complex and inconvenient, I hope you can change it to remittance. That will be more flexible.A:No, we can’t accept that. Though you are right, remittance is flexible, for us,it has more risk. I t’s the policy in our companythat we have to accept L/C when we are in business for the first time.B:But I’m afraid that if there’s many times of remedy forL/C,it will waste alot of time, and we can’t get the flowers on the best occasionto sell. Then how about D/P?A:Sorry,---. We have to obey the regulation.B:But who will take the loss when you delay our time to sell the flowers?A:Perhaps. Then I have to go against the policy. 70% of the sales money should be paid by L/C, the balance by D/P. We can’t go further.B:Ok. What bank will be suitable for your negotiation?A:Bank of China quanzhou branch.B:Sorry, we have no business with bank of China,we usually choose HSBC for negotiation bank in China.A:That will be inconvenient for us. To draw the money, we have to go to xiamen.B:We will allow HSBC to transit its transaction to BOC. Is that ok? A:Alright.切换场景 A给B端一杯咖啡…..our spend. We usually commence 110% of invoice value.B:No, we need that. It’s usual our practice and none of trade companies have ever refused it.A:Let’s put the markup to 15%, reaching a middle ground, alright? B:At least 20%.A:Ok, 20%. And talk about document instructions?B:Full set of documents of ocean bill of lading in 3 orinigalsand 5 copies, insurance policy, certificate original, and certificate of inspection, all certificate should mark credit number. A:Get it. Any more?B:It seems all are included.A:Let me check. Price, package, payment, insurance, documents.Yes ,all are well negotiated. Please have a look.---B: (仔细看了下)All have been in the list. A:(起身，伸出手，同---握手)Thank you,---. I hope this is a very excellent begin of our business.B: You have mentioned your price is based on CIF Sydney, but now we find that Sydney port not suitable for us to take the delivery. We’d like to change it to Melpomene[mel’pɔmini:].A:I’m afraid that there’s no direct voyage to Melpomene. If so, we have to deliver the flowers in transshipment. B:Transshipment is not allowed,neither is partial shipment. Perhaps you arrange it by charter.A:No,---,it’s a big cost. We can’t do that. If you canundertake part of the charter fees, we can manage that. B:Is Perth ok?A:Perth is a good choice. Do you have any other requirement?B:We also need the insurance to be effected for 130% of theinvoice value covering all risks as per ICC.A:130% and all risks? That will increase以下文字仅用于测试排版效果, 请使用时删除！冬是清寒的。
国商古诗翻译
国商古诗翻译《国殇》屈原操吴戈兮被犀甲，车错毂兮短兵接。
旌蔽日兮敌若云，矢交坠兮士争先。
凌余阵兮躐余行，左骖殪兮右刃伤霾两轮兮挚四马，援玉枹兮击鸣鼓。
天时怼兮威灵怒，严杀尽兮弃原野。
出不入兮往不反，平原忽兮路超远。
带长剑兮挟秦弓，首身离兮心不惩。
诚既勇兮又以武，终刚强兮不可凌。
身既死兮神以灵，子魂魄兮为鬼雄。
译文：手拿吴戈啊身穿犀皮甲，战车交错啊刀剑相砍杀。
旗帜蔽日啊敌人如乌云，飞箭交坠啊士卒勇争先。
犯我阵地啊践踏我队伍，左骖死去啊右骖被刀伤。
埋住两轮啊绊住四匹马，手拿玉槌啊敲打响战鼓。
天昏地暗啊威严神灵怒，残酷杀尽啊尸首弃原野。
出征不回啊往前不复返，平原迷漫啊路途很遥远。
佩带长剑啊挟着强弓弩，着身分离啊壮心不改变。
实在勇敢啊富有战斗力，始终刚强啊没人能侵犯。
身已死亡啊精神永不死，您的魂魄啊为鬼中英雄。
赏析：全诗可分两大段。
从开头至“严杀尽兮弃原野”为第一段，是叙写将士们与敌人激战及壮烈牺牲的经过。
首句“操吴戈兮被犀甲”。
吴戈，是吴国制造的戈。
吴国在古代以制造锋利的武器著名。
有名的宝剑干将、镆铘就出在吴国。
犀甲，是犀牛皮制做的铠甲。
《周礼？冬官考工记？函人》记载：“犀甲寿百年。
”（《十三经注疏》中华书局影印本）但作者此处用“吴戈”、“犀甲”二词，并不是要说明楚军装备的精良，而是要描绘出楚国将士的雄姿。
而描绘将士的雄姿，恰又为下文描写他们牺牲之壮烈打下了基础：这是一群英雄战士奔赴战场，去和敌人作殊死的战斗。
因此，开头这一句对楚国将士雄姿的描绘，对全诗悲壮气氛的形成是十分重要的。
下面，作者笔力一转，展开了对战场情景的描写。
“车锗毅兮短兵接”三句是写初战时的情景。
“旌蔽日兮敌若云”是说敌人的旌旗遮天蔽日，他们人数众多，远远超出了我军之上，像是被狂风驱赶的满天乌云，黑压压地向我方阵地涌了过来。
这一句不仅写出了敌人的强大、声势的凶猛，以反衬楚国将士的英勇无畏；同时也是用浓笔重墨，描绘出了浓烈的战场气氛：天昏地暗，日月无光。
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FOR EDUCATIONAL USE ONLYWest Reporter Image (PDF)635 F.3d 1106Briefs and Other Related Documents Judges and AttorneysUnited States Court of Appeals,Eighth Circuit.DINGXI LONGHAI DAIRY, LTD.,Plaintiff–Appellant,v.BECWOOD TECHNOLOGY GROUP L.L.C.,Defendant–AppelleeNo. 10–2612.Submitted: Feb. 14, 2011.Filed: Feb. 17, 2011.Background: Chinese manufacturer of organic inulin, a dietary fiber used in processed foods, brought action against Minnesota distributor alleging breach of contract for distributor's rejection of and failure to pay for two purportedlynon-conforming shipments. Distributor counterclaimed for breach of contract,仅供教育使用西方记者形象635 F.3d 1106摘要、其他相关文件法官和辩护师美国上诉法院第八巡回法庭定西陇海乳制品股份有限公司原告上诉人诉BECWOOD技术集团被告上诉人NO.10-2612递交：2011年2月14日存档：2011年2月17日背景：中国有机菊粉（一种用于食品加工的食用纤维）制造商，对明尼苏达经销商违反合同条例，为两个无法支付的不良装运商提供货物的行为提出抗议。
经销商为他违反合同的行为即侵权干涉合同和/或未来预期的经济关系、违反表达和默认担保的起诉提出反诉。
美国明尼苏达地方法院的最高地方法官David S.Doty,2008 WL 2690287驳tortious interference with contractualand/or prospective economic relations and breach of express and implied warranty. The United States District Court for the District of Minnesota, David S. Doty, Senior District Judge, 2008 WL 2690287, dismissed manufacturer's claims in part. Manufacturer appealed.Holding: The Court of Appeals held that manufacturer stated breach of contract claim against distributor.Reversed and remanded.West Headnotes[1]KeyCite Citing References for this Headnote343 Sales343VII Remedies of Seller343VII(E) Actions for Price or Value343k352 Pleading 回了制造商的部分要求。
制造商不满判定的结果重新上诉。
决断:上诉法院认为制造商对经销商违法合同的索赔撤销判决，发回重审。
西部批注【1】批注中关键参考文件的关键引证343销售343Ⅶ卖方的救济方法343Ⅶ（E）价格或价格方面的行动343k352诉状343k353 Declaration, Complaint, or Petition343k353(6) k. Performance of contract by seller. Most Cited Cases343 Sales KeyCite Citing References for this Headnote343VII Remedies of Seller343VII(E) Actions for Price or Value343k352 Pleading343k353 Declaration, Complaint, or Petition343k353(8) k. Nonpayment of price and amount due and unpaid. Most Cited CasesAllegations by Chinese manufacturer of organic inulin, a dietary fiber used in processed foods, that manufacturer performed contractual duty to deliver and distributor rejected and failed to pay for shipments, stated breach of contract claim against distributor, although fact that manufacturer recalled shipments before they reached buyer could preclude manufacturer's recovery of full contract price. 343k353报关、投诉和请求343k353（6）k.卖方合同的绩效。
案例中被引用最多的案例。
343销售批注中关键参考文献的关键引证343VII卖方的救济措施343VII(E)价格和价值方面的行动343k352诉状343k353报关、投诉和请求343k353(8)k.拒绝支付到期金额和未付款等高价值物品。
案件中被引用次数最多中国有机菊粉（一种用于食品加工的食物纤维）制造商申诉，制造商履行合了同中约定的运送的责任，但是经销商拒绝收货而且没有为货物支付货款，制造商对经销商违反合同条例的行为进行索赔。
尽管事实上制造商在未到达之前回收货物买方能够阻止制造商恢复合同的全部价格。
[2]KeyCite Citing References for this Headnote170A Federal Civil Procedure170AXI Dismissal170AXI(B) Involuntary Dismissal170AXI(B)3 Pleading, Defects In, in General170Ak1773 k. Clear or certain nature of insufficiency. Most Cited CasesUnder the Federal Rules of Civil Procedure, a court may dismiss a complaint only if it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations. Fed.Rules Civ.Proc.Rule12(b)(6), 28 U.S.C.A.*1107Anthony J. Pruzinsky, New York, NY, Justin M. Heilig, New York, NY, and Delin Qu, Saint Paul, MN, on the brief, for appellant.There is no counsel of record nor was any brief filed by appellee.Before LOKEN, MELLOY, and SHEPHERD, 【2】批注中的关键参考文件的关键引证170A联邦民事诉讼法170AXI上诉驳回170AXI(B)驳回170A XI（B）3一般而言，诉状、缺陷等170Ak1773k.清除或某些性质的不足。
案例中引用次数最多根据联邦民事诉讼规则,只有在明确由于无法证明起诉与事实相一致而导致不能给予任何救济的情况下，法院才能驳回诉讼。
同盟国原则、科特迪瓦共和国拟定条款，12（b）（6），28U.S.C.A1107 诉书上的申诉人：Anthony J.Pruzinsky,纽约，Justin M.Heiling,纽约，和Delin Qu,圣保罗明尼苏达州被告没有请名义上的法律顾问，也没有任何诉书申请在巡回法官：LOKEN,MELLOY和SHEPHERDCircuit Judges.PER CURIAM.Dingxi Longhai Dairy (―Dingxi‖) agreed to ship 612 metric tons of Inulin, a dietary fiber extract, to Becwood Technology Group (―Becwood‖), a Minnesota distributor. The contract called for four shipments from the port ofTianjin–Xingang, China, to Londonderry, New Hampshire. Becwood received the first two shipments, paid for one, and refused to pay for the second because of mold on the exterior of the packaging. Dingxi recalled the third and fourth shipments before they reached their destination and sued Becwood for breach of contract and fraudulent misrepresentation. The district court granted Becwood's Rule 12(b)(6) motion and dismissed Dingxi's claims relating to shipments three and four. Nearly two years later, the district court entered a final order granting Dingxi summary judgment on its breach-of-contract claim for shipment two. Dingxi Longhai Dairy, Ltd. v. Becwood 依法官判词。