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 Goods

Case 1

On 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 contract

In 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 contract

Form 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 offer

a. The offer is withdrawn by the offeror.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;