商法选择题2

1 A store places an ad in a newspaper that read: “ The first person in our store on Washington‟s Birthday will receive $100 toward the purchase of an appliance.” Courts would probably hold this to be .

A an offer because it is addressed to an identifiable individual, not the general public.

B an invitation to make offers because it does not indicate who the first person is.

C an acceptance because it has made a commitment to the first person in the store.

D not an offer because it did not state the place and the date of payment.

2 CISG keeps silent on :

A. Validity of the contract

B Obligations of the parties

C Breach and remedy

D Formation of the contract

3 Which of the following transactions is (are) not governed by CISG ?

A Auction of a car led by the court

B Transfer of patent

C Sale of a plane

D Sale of oil

4 On May 1st , A sent an offer to B to sell X goods. On May 7th, the market price of X goods was increased and higher than the price the offer proposed. On the same day, A sent a notice of revocation. It arrived to B on May 9th. However, B sent an acceptance to A on May 8th. It arrived to A on May 10th. If CISG is applied, should be considered that .

A the contract was concluded on May 8th, since B‟s acceptance was sent on this day.

B the contract was concluded on May 10th, since B‟s acceptance arrived to A on this day.

C there is no contract was established, because A‟s offer has been revoked until B‟s acceptance arrived to A

D there is no contract was established, because ultimately the minds of A and B did not meet

5 According to CISG, one of the parties of a contract may declare the contract avoided , .

A if the other party has committed fundamental breach of the contract.

B if prior to the date for performance of the contract it is clear that the other party will commit a fundamental breach of contract, even if time allows the party intending to declare the contract give reasonable notice to the other party in order to permit him to provide adequate assurance of his performance.

C if the other party does not, within the additional period of time fixed by the party in accordance with paragraph (1) of article 63, perform his obligations provided by article

30 or article 53 of CISG.

D if the other party has committed fundamental breach of the contract, unless the breach was due to force majeure

6 X ( a company established in Italy) concluded a contract with Y (a company established in Switzerland) in Spain, selling to Y a number of watches made in Japan at a price of €1 0,000. If no place of delivery is agreed upon, according to CISG, the place of delivery of the watches should be .

A Switzerland

B Italy

C Spain

D Japan

7 X, a company established in Germany, sells to Y, a company established in China,

a number of radios at a price of € 300,OOO. The moment they are delivered to Y it becomes clear that these radios suffer from an electronic defect. According to CISG, which of the following statements is correct ?

A There is a breach of contract by X because the radios are not fit for normal use.

B If Y knew he was buying radios with these kinds of defects, then of course there is no breach of contract,

C Y loses the right to rely on a lack of conformity of the goods if he does not give notice to X specifying the nature of the lack of conformity within a reasonable time after he has discovered it or ought to have discovered it.

D In any event, Y loses the right to rely on a lack of conformity of the goods if he does not give the seller notice thereof at the latest within a period of one year from the date on which the goods were actually handed over to Y, unless this time-limit is inconsistent with a contractual period of guarantee.

8 A, a company established in Holland, sells a machine to M, a company established in Spain. M accepts the machine, but it does not function properly, such that M declares the contract null and void. M stores the machine, waiting for A to collect it, in an unlocked and unguarded shed. The machine is stolen. M has already paid for the machine. According to CISG, which of the following statements is correct?

A It is impossible for M to demand of A to refund the money he has paid

B M is still entitled to nullify the contract if A‟ breach of the contract is fundamental.

C Nullifying the contract is out of the question, even if A‟ breach of the contract is fundamental , as it is impossible for M to make restitution of the machine

D M in this case has no duty to take such steps to preserve the machine as are reasonable , unless he intends to exercise any right under the contract or CISG to reject the machine

9 A (Seller) is a Medical instruments maker in Singapore, B(buyer) is a hospital in Shanghai, China. B ordered some products from A. If B decided to transport the goods by air, which of the following terms certainly does not apply to the case?

A FOB

B DES

C CIP

D EXW