国际贸易实务课堂案例.doc

《国际贸易实务》双语课堂案例剖析Chapter Two and ThreeGeneral Procedures of Export and Import Transaction&Contracts for the International TradeCase One 案例一1.Mr. Smith, an American businessman, sold a batch of IBM computers to a Hong Kong importer, Mr. Chen .The sales was concluded in the United States of America on the terms of CIF Hong Kong. During execution of the contract, disputes arose between the seller and the buyer on the form an interpretation of the contract. In such a case, did the law of the USA or the law of Hong Kong apply to the disputes? Why?Case Two 案例二2.Mr. Anderson intended to sell a plane to Mr. Johnson. In his cable, Mr. Anderson offered: “Confirm sale of a plane…Please send 5000 pounds by telegraphic transfer.” Mr. Johnson cabled back immediately: “Confirm purchase of your plane, terms and conditions same as your cable. I’ve sent the 5000 pounds to your Account Bank who keeps your money on your behalf until delivery of the plane. Please confirm delivery within 30 days from the date of this cable.”Mr. Anderson did not reply and sold the plane to another buyer at a much higher price. Disagreements occurred between the two parties about whether the contract was concluded effectively. In such a case, was the contract concluded? Why?Case Three 案例三3. A Chinese export company sent on July 1 an offer to a French trading company ,stipulating for the reply to reach them before July 10. The French trading company cabled its acceptance of the offer on July 8. Because of the delay by the post office, the acceptance did not reach the Chinese company till on the morning of July 11.And before receiving the acceptance, the Chinese company was informed that the prices of the said products were rising rapidly，the seller refused the acceptance immediately.Question: Was the acceptance effective? Why?Case Four 案例四4.A French buyer visited a Chinese trading company to buy some goods in the morning. When Chinese seller offered the price, he didn’t say anything. But in the afternoon, the French buyer visited again and accepted the morning’s offer. At this moment, Chinese company found the price of this goods on the international market was rising, so how could the Chinese trading company deal with? Why?Case Five 案例五5. Our company made an offer with Italian buyer, which is valid before 10th of this month. Because of the post bureau’s late in delivery, we have received the acceptance on 11th. At thismoment, we found the price of these goods on the market was rising, How can we do?Case Six 案例六6. Company A made an offer for a farm product to Company B stating: “Packing in sound bags”. Within the validity, Company B replied “Refer to your telex first accepted, packing in new bags”.On receiving the reply, Company A began to purchase the goods for export. Days later, as market price of the commodity was falling, Company B wrote to Company A “No contract is entered between us, as you failed to confirm our changing of the packing requirement.” Company A argued that Company B’s acceptance was effective and the contract was established then. Question:1)What is your opinion?2)Give the reason to support your opinion3)How to prevent such dispute.Case Seven 案例七7. In 1996, a certain export company of China sent a group of businessman to the United States for purchase of equipment. In New York, both parties reached an oral agreement on such items as specifications, unit price, and quantity. Upon leaving, the group indicated to the other party that, when they go back to Beijing, they would draw a contract, which would become effective after being signed by both parties. After going back to Beijing, the group found that the clients withdrew their import of the equipment, and thus the contract was not signed and the L/C was not opened either. The US side urged the Chinese side to perform the contract; otherwise they would lodge a claim with the Chinese side in the US. Please analyze the case and give an opinion on how the Chinese export company was to deal with this case and why?Case Eight 案例八8. A Chinese export company sent on June 1 an offer to a businessman living in Italy, stipulating for the reply to reach them before June 10. The Italian businessman cabled his acceptance of the offer on June 8. Because of the delay by the post office, the acceptance did not reach the Chinese company till on the morning of June 11. And before receiving the acceptance, the Chinese company was informed that the prices of the said products were rising rapidly. What do you think is the best way for the Chinese company to deal with this case? Why?Chapter Two and ThreeGeneral Procedures of Export and Import Transaction&Contracts for the International TradeAnalysis: 案例分析1 The law of the United States of America applies to this contract because: (a) this was a CIF contract; (b) the place of conclusion of the contract was in the USA; (c) the place of the execution of the contract was also in the USA. The seller completed these responsibilities after he delivered the goods at the port of the USA.2. This contract was not concluded effectively. Item 1 of Article 19 of the CISG indicates, " A reply to an offer which purports to be an acceptance but contains additions, limitations or other modifications is a rejection to the offer and constitutes a counter-offer.In this case, though Mr. Johnson accepted Mr. Anderson's offer, his acceptance contained some additions to and modifications of the offer; for example, Mr. Anderson asked for " telegraphic transfer", Mr. Johnson sent the money to the bank to be kept there. According to Item 3 of Article 19 of the CISG, alteration to the mode of payment is material one, thus Mr. Johnson might keep silent and reject the acceptance.3.According to Item 2 of Article 21 of CISG: “If a letter or other writing containing a late acceptance shows that it has been sent in such circumstances 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 the offeree that he considers his offer as having lapsed or dispatches a notice to that effect. In this case, in order to avoid unnecessary loss, the Chinese company should telephone or dispatch immediately a notice informing that the acceptance is ineffective as it is late.4.中国与法国均系《联合国国际货物销售合同公约》缔约国，洽谈过程中，双方对《公约》均未排除或作出任何保留。