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 LAW

1. 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.” On

January 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 , after

listening 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 after

all.” 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 to sell 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.” Buyer

did 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 a

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sophisticated 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 these circumstances?

6. Dealer in the United States owned a cargo of 10,000 barrels of

oil 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 that

are 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 to