2011英语营销国际商法案例分析

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国际营销的特殊法律案例(3篇)

第1篇一、背景介绍苹果公司（Apple Inc.）是全球知名的高科技公司，其产品线包括iPhone、iPad、Mac、Apple Watch等。

自2007年进入中国市场以来，苹果公司在中国市场取得了巨大的成功。

然而，随着市场份额的不断扩大，苹果公司在中国市场也遭遇了一系列知识产权纠纷。

本文将分析一起苹果公司在中国市场的特殊法律案例。

二、案例简介2011年，苹果公司在中国市场推出了一款名为“iPad”的平板电脑。

然而，在推出过程中，苹果公司发现深圳唯冠科技有限公司（以下简称“唯冠”）拥有“iPad”商标的注册权。

于是，苹果公司以1000万美元的价格购买了“iPad”商标在中国大陆、香港、台湾地区的所有权。

然而，这一交易并未得到唯冠的认可。

2012年，唯冠在美国起诉苹果公司，称其侵犯“iPad”商标权。

同时，唯冠还向中国法院提起诉讼，要求苹果公司停止销售“iPad”产品，并赔偿经济损失。

三、案例分析1. 知识产权保护知识产权是企业在国际市场上竞争的重要手段。

苹果公司作为一家全球知名的高科技公司，对知识产权保护非常重视。

然而，在本案中，苹果公司在购买“iPad”商标时，未能充分了解商标权归属问题，导致其在中国市场遭遇知识产权纠纷。

2. 法律风险防范跨国企业在进行国际营销时，应充分了解目标市场的法律环境，避免因法律风险而遭受损失。

在本案中，苹果公司若在购买“iPad”商标前，对商标权归属问题进行充分调查，可能避免这场知识产权纠纷。

3. 诉讼策略在知识产权纠纷中，诉讼策略至关重要。

本案中，苹果公司采取了积极的诉讼策略，在美国和中国两地提起诉讼，以维护自身权益。

最终，苹果公司在美国法院胜诉，但在我国法院败诉。

4. 国际合作跨国企业在面对知识产权纠纷时，应充分利用国际合作机制。

在本案中，苹果公司通过聘请专业的律师团队，以及与美国、中国等地的法院合作，成功维护了自身权益。

四、结论苹果公司在中国市场的知识产权纠纷案例，为我们提供了以下启示：1. 企业在进行国际营销时，应充分了解目标市场的法律环境，加强知识产权保护意识。

英文营销案例

英文营销案例As an author on Baidu Wenku, I want to share with you some English marketing case studies. In today's globalized business environment, the ability to effectively market products and services in English is crucial for companies looking to expand their reach and attract international customers. By examining successful marketing campaigns in the English-speaking world, we can gain valuable insights into the strategies and tactics that have proven to be effective. 。

One notable example of a successful English marketing campaign is Coca-Cola's "Share a Coke" campaign. This campaign, which was first launched in Australia in 2011 and later rolled out in other English-speaking countries, involved replacing the Coca-Cola logo on bottles and cans with popular first names. The campaign was a huge success, as it not only encouraged consumers to purchase personalized Coca-Cola products for themselves, but also to share them with friends and family. The "Share a Coke" campaign effectively tapped into the trend of personalization and social sharing, and it resulted in a significant increase in sales and brand engagement for Coca-Cola.Another noteworthy case study is Airbnb's "Live There" campaign. In an effort to differentiate itself from traditional hotel accommodations, Airbnb launched a marketing campaign that emphasized the experience of "living like a local" when traveling. The campaign featured a series of short films and advertisements that showcased the unique and authentic experiences that travelers could have by staying in Airbnb properties. By highlighting the personal connections and cultural immersion that Airbnb offers, the "Live There" campaign successfully resonated with English-speaking audiences and contributed to the company's rapid growth and success in the travel industry.Furthermore, the "Dove Real Beauty" campaign serves as an inspiring example of how a brand can use English marketing to promote a positive and empowering message. Dove's campaign, which included advertisements, social media initiatives, and a website dedicated to promoting self-esteem and positive body image, aimed to challenge traditional beauty standards and celebrate diversity. By featuring real women of allshapes, sizes, and ethnicities, the "Dove Real Beauty" campaign struck a chord with English-speaking consumers and sparked important conversations about beauty and self-confidence.In conclusion, these English marketing case studies demonstrate the power of creative and strategic marketing in capturing the attention and loyalty of English-speaking consumers. By understanding and learning from successful campaigns like "Share a Coke," "Live There," and "Dove Real Beauty," companies can gain valuable insights into effective marketing strategies and apply them to their own efforts. As the global marketplace continues to evolve, the ability to effectively market products and services in English will remain a key factor in achieving success on an international scale.。

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。

国际商法英文案例

国际商法英文案例Case: The Mysterious "Vanishing Goods" in International Trade.Once upon a time, there was a company in the United States, let's call it "Sunny Exports Inc." They were super excited to do business with a company in France named "Charming Imports Ltd."Sunny Exports Inc. had a great deal lined up. They were supposed to ship a large quantity of high quality electronic gadgets to Charming Imports Ltd. The contract was crystal clear. It said that Sunny Exports would ship the goods via a reliable shipping company, "OceanSwift Shipping," and that the goods should arrive at the port in France within 30 days of the contract signing.Well, the 30 days passed, and Charming Imports was waiting eagerly at the port. But guess what? No goods showed up! They were like, "What on earth is going on?"Charming Imports immediately sent a very angry email to Sunny Exports, demanding an explanation. Sunny Exports was also in a panic. They checked with OceanSwift Shipping.It turned out that there was a huge mix up. OceanSwift Shipping had accidentally mislabeled the containers. Instead of sending the containers to France, they had sent them to some far flung port in Africa.Now, here comes the legal part. According to international trade law, Sunny Exports was responsible for making sure the goods were delivered as per the contract. But they argued that it was the shipping company's fault.Charming Imports didn't care whose fault it was. They just wanted their goods or their money back. They threatened to sue Sunny Exports for breach of contract.Sunny Exports, in a desperate attempt to save the situation, started to negotiate. They said they would work with the shipping company to get the goods redirected to France as soon as possible. But Charming Imports was not satisfied. They said that because of this delay, they had lostpotential sales during the holiday season, and they were going to claim damages for that too.In the end, after a lot of back and forth negotiation and some legal threats, Sunny Exports agreed to give a discount on the total shipment value and also promised to pay a small amount as compensation for the lost sales opportunity. And OceanSwift Shipping? Well, they had to learn a very hard lesson about double checking those labels!So, the moral of this story in international商法 is that in international trade, everyone has to be super careful. The seller has the responsibility to ensure delivery, and if something goes wrong, they can't just pass the buck. And the buyer has the right to demand what they were promised in the contract.。

2011英语营销国际商法案例分析

国际商法期末考查—案例分析课程名称：国际商法学期：2013-2014（2）班级：姓名：学号：得分：Case Study 1Samir is walking down Princes Street one Saturday m orning when henotices a very eye-catching display of sets of golf clubs in the windowAs Samir is a veryFairways, a well-known Edinburgh sports retainer.keen golfer, he stops to pay more attention to the window display. Samir immediately notices t hat a set of golf clubs (by Japanese master￡150. He is astonished craftsman Matsumoto) is priced at an incredibleat the low price for the golf clubs and he immediately rushes into the shfor t he cash desk so that h e can purchase t hewhere he heads straightgoods. On reaching the cash desk, Samir is incredibly annoyed to be told by the (somewhat superior) sales assistant that some sort of mistake ha obviously occurred. There is n o way that t he store would sell a set o fMatsumoto golf clubs for a mere ￡150. The goods have beenincorrectly priced and if Samir wishes to purchase the clubs he must pathat Fairways h as made him a definite￡1,500 for t hem. Samir insiststhere i s a legallyoffer a nd that h e has now accepted t hat o ffer-----isenforceable contract between him and the store. The sales assistantabsolutely unimpressed b y Samir‟s line o f argument. A dmittedly, it i soften the case that Fairways will give customers goods which are wronglybut this is purely apriced f or the price a s it i s marked on the ticket,is absolutelygesture of goodwill. In this s ituation,the sales a ssistantcertain that h er superior would be most unhappy if S amir was able t o￡150. Samir begins to loseobtain the goods for the ridiculous price ofhis temper and the other customers in the store are beginning to stop a stare at the disturbance. However, the sales assistant still refuses t￡150.the golf clubs to Samir forQuestion 1: what is the price tag of the golf c lubs in the windowdisplay c alled a ccording to contract l aw theory? Is it a n offer o rinvitation offer? Why?Question 2: Does Samir have a legally enforceable c ontract w ithFairways for the purchase of Matsumoto golf clubs for￡150? Why?Case Study 2On storming o ut of Fairways , Samir runs into a n old friend, Susan,whom he agrees to meet for a meal at 7 o‟clock that evening at Shanghai Susan rushes o ff t o her favourite designer clothingSurprise restaurant.urchase an outfit for her night out store, Tiffany‟s Boutique, in order to p￡1,000 on her outfit from Tiffany‟s.with Samir. Susan spends nearly aAs things l ater turn o ut, S amir will c onveniently forget that h e made arrangements to go out with Susan that evening. Susan is now determined to sue him for the cost of her new outfit, her taxi and the disappointm caused.Question 3:What are the chances of Susan being successful if she goes ahead andsues Samir for the cost of her new designer outfit, the cost of her taxi fare and the disappointment caused?Case Study 3On arriving home just before lunch-time, Samir plays back his telephone answer machine and hears a message from Dougie Campbell, the builder withdrawing his earlier offer t o build a conservatory and patio f or￡1,000. Samir had e-mailed his acceptance of Campbell‟s offer several However, unknown to Samir, h e mistyped C ampbell‟sdays previously.e-mail address and his acceptance never arrived a t its intended destination.Question 4:Is Dougie Campbell entitled to cancel its offer to build a conserbatoryWhy?and patio for Samir?Question 5:If Samir had not mistyped Campbell’s e-mail address, i s DougieCampbell entitled to cancel its offer to build a conserbatory and patio for Samir? Why?Case Study 4Later o n Saturday a fternoon, Samir receives a call on his m obile from￡4,500. Samir is very anxious toStuart who offers to sell him his car forpurchase the car, but in response to the offer he say to Stuart …I‟ll gises to bargain with Samir and tells him￡4‟000 for the car. ‟ Stuart refu￡4,500 if he wants the car. An hour later, Samir bluntly that the price is￡4,500, but he is somewhat shocked to be phones Stuart agreeing to paytold by Stuart that he is no longer interested in dealing with him and someone else is coming over to look at the car.Question 6:Can Samir insist that Stuart sell the car to him for￡4,500? Why?Question 7:If Samir agrees promptly to pay ￡4,500 rather than trying t o pay￡4,000 for the car offered by Staurt, does there exist an enforceable contract between them, why?Case Study 5Seller agreed to ship 10,000 tons of potatoes FOB Tacoma, Washington, to Buyer in Japan. Buyer designated the SS Russet to take delivery at piSeller delivered the7 in Tacoma. On the agreed d ate f or f or d elivery,potatoes to pier 7, but the ship was not at the pier. Because another s using the pier was slow in loading, the Russet had to anchor at a moorin buoy in the harbor and Seller had to arrange for a lighter to transport potatoes in containers to the ship. The lighter tied up alongside the Ru‟s boom was attached to the first container. As and a cable from the shipthe container began to cross the ship‟s rail t he cable snapped. Theteetered back and forth for a while, andcontainer then fell on the rail,finally crashed down the side of the ship and capsized the lighter. All the potatoes were dumped into the sea. Buyer now sues Seller for failur to make delivery.Question 8:Who takes the risk of the loss of the potatoes in this case? Why?Case Study 6Buyer and Seller entered into a contract for t he sale o f sugar f rom theto New York on CIF terms. T hey added language t o thePhilippines“at a customary safe wharf or refinery at contract that delivery was to beor Baltimore t o be designated by the Buyer.”New York, Philadelphia,Before the sugar arrived, the United States p laced a quota on sugarimports. The sugar was not allowed to be imported and was placed in a customs warehouse. The Buyer refused the documents and the Seller sued,was no excuse for the Buyer‟sclaiming t hat t he import restrictionnon-payment. The Buyer argued that the language calling for delivery to a U.S. port converted a shipment contract into a destination contract. Question 9:Was this a CIF contract or a destination contract? Why?Question 10:What was the effect of the additional shipping language used by theparties?Question 11:Why should the parties not attempt to modify a trade term or add other delivery language?。

市场营销案例分析英文

Case One：Xiangjiang Wildlife Park1 Company IntroductionXiangjiang Wildlife Park, located in Guangzhou Province, is a comprehensive project for the development of the tourism resources in Pearl River Delta and promotion of the environmental protection and investment. It combines animal and plant protection, researching, culture, tourism, science education as a whole.1.1 Company Values:Adopt a customer-oriented mentality when providing serviceTreat everyone sincerely and passionatelyKeep moving in harmoniousEnjoy happiness together2 BackgroundXiangjiang Wildlife Park officially opened to the public when the Asian financial crisis had given a negative effect on China economy. The market of tourism is not optimistic during that time. However, in the first year it opened the park has created several miracles in tourism industry:Host more than 80000 tourists on the first day it opened, serve 30000 students on a spring trip and firstly achieve highest record of hosting more than 3000000 tourists by the first year it opened. The reason why Xiangjiang Wildlife Park can make such a big success is that the park has implemented proper “Integrated Marketing Communications”.Integrated Marketing Communications is the concept under which a company carefully integrates and coordinates its many communications channels to deliver clear, consistent and compelling message about organizationand its products.(Kotleret al.1999)3 The actions taken by Xiangjiang Wildlife Park3.1Establish “wild & interesting” scenery spotsEstablish “wild & interesting” scenery spots which are much different from others according to tourists’ mentality—seeking new, strange, special and interesting things.(1) Construct with high start and high standard. The park specialize on massive crocodile breeding and watching and characterize with large amount of free-roaming animals features, meanwhile combining with a variety of animal shows and unique flavor and style of food.(2)Highlight the slogan "return to nature". The park replace the traditional trench heavy iron cage with glass and ditch in order to minimize the distance between human and animal, man and nature.(3)Pay attention to environmental landscape. Build natural landscape perfectly combined with animals and plants.(4)Break the traditional monotony zoo exhibition mode and make full use of modern tourist attractions’ service and entertainment functions. The park sets up a parrot, elephant, beast performance field, as well as the world's largest Crocodile show field.(5)Follow the consumer-oriented rules, respect the consumer's expected cost and consumption habits, always pay attention to reach effective communication principle with consumers and d evelop the park according to consumers’ needs.The park employed professional advertising company into the park. With the help of professional assistance, the Marketing Department and Public Relations Department has done lots of market investigation and environmental design, and planned several integrated marketing communication activities which has brought positive sensational effects.3.2 Start from the environmentAccording to the idea "what consumers want, what we offer" ,the park try theirbest to meet consumers requirements. Because the wildlife park is not the place only for people to watch rare animals, but also the place which allow people to relax and entertainment. Walking into the park, you can not only watch a variety of rare animals, but also can see the flowers garden, fruit decorated branches, melons hanging scaffolding, waterside pavilions, springs forest, vegetation and trees. All these elegant scenery make urban people who have lived in reinforced concrete construction for a long time really appreciate the nature of the "Wild & Interesting".On the basis of the modern entertainment and services, the park give full play to the function of the modern tourist attractions: There are five animal performances for visitors taking turns every day, parrots, elephants, wild beasts, tigers and crocodiles, which make the tourists open their eyes. As a result of that, the park get one more function of a circus. Meanwhile there are also many styles of fast food restaurants, a food street, a dessert gallery, as well as the China's only crocodile restaurant.3.3 Focus on white tigerSeveral marketing studies show that locking the focus can lead to higher advertising effectiveness. So the park come up with the marketing idea "just say one thing". As a result of that, the park chose the sacred, powerful and rare white tiger as its image spokesman.The tiger-related activities have always attracted large amount of attention and aroused media’s coverage. Moreover the white tiger troupe from the United States makes the park even crowded of tourists.White Tiger image has left a deep impact on people. People will think of the XiangJiang Wildlife Park when talking about the white tiger. The park tickets and the largest outdoor post billboards among province both use the white tiger as main character.3.4 Draw support from media to do public relationshipThe park is good at capturing "golden opportunity" of advertising. The park carefully planned a series of public relations activities which attracted intense public attention and active participation In this way it can get help from the mass media toplay a strong influence on public opinion.When the park opened, the Miss China campaign was underway. The TV show is recorded in the park, in which the Miss China performed with several animals in the wildlife. The audience are deeply impressed by the beautiful natural scenery in the park. And thus the Xiangjiang Wildlife Park has become an overnight success.In addition, "the animal world in children’s eyes" drawing contest an d photography contest, held by the park on the International Children's Day, made a perfect combination of art and education. The activity is highly acclaimed by the mass media and people can not help focusing on the Xiangjiang Wildlife Park.3.5 Actively participate in public benefit activities to promote the image of the parkXiangjiang Wildlife Park has always stressed on financing and organizing various social welfare activities since it opened. The park has implemented the free ticket policy for the elderly, young children and people with disabilities into the park. So far there have been over 300 000 people who have enjoyed entering the park free of charge, and the number of teenagers who enter the park with half-price also exceeded 200 000.In addition, the park focused on animal protection, research, culture, science and education programs, for which the park equipped with a number of scientific and technical researchers and also invited foreign and domestic experts to come to the park giving people lectures. As a result of that, tourists who come to visit the park can learn more about the ecological balance and think more of our survival environment. Xiangjiang Wildlife Park start to establish their own long-term image at a high scale of level and win consumers’ heart by focusing on the public benefit activities.4 Analysis and conclusionThese are the values that guide our business, our product development, and our brand. They're what we look for in every employee. As our company continues to evolve and grow, these five values remain constant.The key of the park’s success lies in that the park stressed on as well as insistedon its company value and achieved efficient integrated communication.The company values serve as a compass for our actions and describe how we behave. They guide the way we work with our business partners, within our communities and with each other.Company values help companies in the decision-making processes. As the core value of the park is customer-oriented, all activities of the park are market-centered and consumer-centered. They use what consumer needs and desires as a starting point and try to meet their needs through relevant and efficient advertising, public relations, promotions and marketing, media and other means of communication and organically integration. In this way they have achieved long-term business interests. For example, according to tourists’ mentality—seeking new, strange, special and interesting things, the park establish “wild & interesting” scenery spo ts which are much different from others.Company values educate clients and potential customers about what the company is about and clarify the identity of the company. Especially in this competitive world, having a set of specific company values that speak to the public is definitely a competitive advantage.Xiangjiang Wildlife Park elaborately planned a series public activities that can cause intense public interest and active participation, which had a strong influence on public opinion. At the same time the company carried out "green marketing" and insisted on the principle of harmonious development. With the growing emphasis on a range of social and environmental problems such as ecological balance and environmental protection, "green business" will become increasingly popular among consumers. The park try to resonate with consumers by expressing the voices of consumers on a common issue.Company values are becoming primary recruiting and retention tools. As an energetic warm friendly company, the park attracts large quantities of skilled employers who hold the same value as the company to work for it. Different from most cases, parks are hard to attract talents due to the distant working location. With the help of the enthusiastic and talent workers, the Xiangjiang Wildlife Park stand asa giant and grow fast in his field.Case Two：Alibaba Group1 Company Introduction1.1 Alibaba Group introductionAlibaba Group is a privately owned company of Internet-based e-commerce business including business-to-business online web portals, online retail and payment services, a shopping services. In 2012, two of Alibaba’s portals together handled $170 billion in sales, more than competitor eBay and combined.The company began in 1999 with the website , a business-to-business portal to connect Chinese manufactures with overseas buyers. Its consumer-to-consumer portal Taobao, similar to eBay, features nearly a billion products and is one of the 20 most-visited websites globally. Alibaba Group’s sites account for over 60% of the parcels delivered in China. Alipay, an online payment escrow service, accounts for roughly half of all online payment transactions within China. The vast majority of these payments occure using Alibaba services.1.2 Dream, mission, vision and valuesDream: Create a different world through the development of new business modeMission: To make doing business easyVision: Through the development of IT, solve the problems of small-firm’s procurement, marketing, management and financingValues:Client is God. Provide the best service to the customers and maintain the images of the company.Collaborate together. Share resource together and take responsibility together so that many common people can do uncommon things.Hug with changes. When some changes happen we should adapt it and solve it rationally. When something always immutable and frozen we should create more changes bravely.Honesty. Honesty is a significant value in Chinese culture.Passion. Keep positive and never give up.Work dedicated, finish work on time, insist on learning to improve and use time properly.2 BackgroundAs Alibaba has launched various services systems it is hard to analyze them at the same time. We focus on studying the case of Tmall to see how company value and marketing communication strategy work for the success of Tmall. was introduced in April 2008 as a business-to-consumer online retail platform to complement the Taobao consumer-to-consumer portal and became a separate business in June 2011. As of October 2013 it was the eighth most visited web site in China, offering global brands to an increasingly affluent Chinese consumer base.3 The actions taken by Alibaba Group3.1 Public relationsPublic relations emphasize two-way communication between the enterprise and the public. The purpose is to establish mutual understanding between enterprise and public. Public relations can be distinguished from customer relations because its concerns go beyond the creation of mutually beneficial relationships with actual or potential customers.(1) Rename from “Taobao”to“Tmall”. Reestablish the brand.On January 11th, 2012, “Taobao” mall officially changed its name to “Tmall”. This words comes from Chinese homophonic cat. Cat was picky on quality, brand,environment, which represents fashion, sexy and quality. This is precisely what they want to build with the new brand. Meanwhile, the change of its name is to let the consumer be clearer about the positioning of this website. On this platform, consumers can shop more effectively and get good quality products.(2)Tmall annual festivalThe “Tmall annual festival” marked the start of Tmall independent brand. Since then, Tmall can show their best according to their own personal orientation. At the same time, with the aid of such a distinctive brand image, the brand influence was improved.(3) Adjust the relationship with the merchantsOn October 2011, taobao mall announced new rules for 2012, to increase the deposit from 10000 yuan to 50 000, 100 000, 150 000, three levels. The technical service fee raised from 6000 yuan a year to 30 000 and 60 000 yuan a year. With high deposit, the threshold of the enterprises is raised up so that product quality and consumers right are assured. At the same time, Tmall promised to offer the best platform and service, also to rule merchants to do legitimate business, without damaging the benefits of consumers. Otherwise merchants will be punished. A series of actions from the perspective of consumers will in exchange for consumers’ trust and loyalty. In this way, Tmall get double win with the consumers.3.2 AdvertisingAd is traditionally defined as any paid form of non-personal communication about a product, a service or a company with the intention to sell the product or service or to influence opinion on and attitudes towards the product, service or company. Each of the elements in this definition merits a brief explanation. Advertising marketing can greatly improve product popularity, promote the brand. Tmall, of course, made a lot efforts in advertising.(1)TV advertisingIn the television AD, Tmall utilize celebrity effect and promotion to push public. Especially during festivals, people will buy a lot discount products online, whichbrings billions of income.(2)Online advertisementOn the internet, Tmall is an intensive player. They take every opportunity in almost all network activities. Such practices, such as buffer advertisment sometimes have side effects on consumers. However, some other nicer advertisement, will stimulate consumers shopping enthusiasm.(3)SponsorTmall sponsored Hunan TV programs, such as soap series. The reason Tmall select Hunan TV as their sponsoring subject, is they have strong brand effect, which will definitely help promotion. On the other hand, with a big population watch Hunan TV, the brand will be known by more people. In addition, 20 o’clock is the time that most audience are housewives and youth chasing idol drama, also include some white-collar staffs. These people are the main force of online shopping. The directional, targeted advertisement to this group is an intelligent choice.3.3 Sales promotionSales promotion is a good way which uses incentives to attract consumers to buy the product of products. The marketing method works well for Tmall. Basically there are two following ways:(1) Holiday discounts. Such as 11th November is the shopping carnival of Tmall. All products are 50% discount off, which bring a lot of buyers coming online. This activity stimulated business transactions a lot.(2)MembershipYou can directly register as a free member of Tmall. In this way, consumers and shop owners are connected. Members can get credit (credits can used to buy certain products), return security, birthday gift bag and etc. Membership offers many preferential discounts, so that consumers will be loyalty. All of these plays a key role in the development of Tmall.4 Analysis and conclusionTmall, as China's most representative B2C website, leads businessmen to shift from store management to network operation. Most series of brands pay attention to the online trading platform, which is considered to be an important means and way to achieve strategic transformation, brand extension, channel expansion and to win customers. In my opinion, the main reason for the success of Tmaill are as following three points:（1）Accurate position of service“At first, the turnover of Tmall is not positive due to the reason that its service orientation is not clear and no one has taken the initiative to study what its strengths are, what are the customers' needs. Whereas, there will be a turnover of around 200 000RMB each month. But we need to give us a clear positioning of service, we need to know what we are selling, then what we can get. Through the data analysis, we made some changes of our products. Later based on the feedback of our customers, we clear the position of our services.The reason of Tmall’s success lies in the accurate position of its service: uphold the values of the company,----"customers come first, embrace change, teamwork, integrity, dedication and passion," with the whole new meaning to build a new B2C service platform, and to promote integrated, lively and efficient online trading culture. By integrating thousands of brands, manufacturers and building a one-stop solution bridge between businesses and consumers, Tmall try to upgrade the Taobao platform to "everywhere" win-win situation platforms between supply and demand of consumer. Try to create mutual assistance and lively, family-trading environment so that each person in the Tmall can not only conduct transactions more quickly but also to make more friends.（2）Positive enterprise cultureAnother reason of Tmall’s success is to own a group of like-minded talents to fight for it. Since its opening, the company has been constructing the organization around the company's corporate values for a long time. As a result of that Tmall has formed a clear efficient organizational structure with various departments cooperating and division.When facing of new opportunities and challenges, the company can response and react efficiently and sensitively, as well as figuring out solutions quickly. In human resource management, Tmall developed a strict management system and the rules of incentives and disincentives, while also giving a democracy liberal warm working atmosphere, as a result of that fully mobilize the enthusiasm of the staff work.（3）Efficient integrated marketing communications strategyTmall combines public relations, advertising and sales promotion nicely, manages all the information resource about products and service, keeps the principle of “convey the same voice, establish outstanding image”, which help the consumers and potential consumers touch the integrated information, so that they want to buy and even keep buying. By renaming, brand carnival and the adjustment of relationship with merchants, Tmall has improved their brand image and status, got rid of the once cheap, low quality products image, and rebuilt fashion, sexy, quality as their new image. Secondly, they vigorously push forward the promotion to targeted consumers, with the aim of improving brand popularity and development. Thirdly, through the sales promotion, consumers are stimulated to buy, at the same time, through membership, further add weight for strengthen customer loyalty. In a word, all of these methods are used for the development and prosperous of Tmall.5 What I learn from this assignmentBy talking with the two sales staff, I realized that a long-term integrated marketing communications is a persuasive communication planning process to implement different strategies to customers and potential customers. The most important thing is to communicate. Communicate with customers, communicate with the team and other departments of the company, communicate with the media, communicate with the exhibition company and communicate with the relevant approval authorities, etc. In particular, the communication to a number of contact points should start at the same time, so that we should work hard and stress on the communication skills.Secondly, the range of integrated marketing communications can neither be simplistic nor single. We can never stay on the media integration "issue with one voice on different media".Meanwhile, we also shouldn’t extend it to the corporation planning, production, and so on all aspects of marketing. The so-called integrated marketing communication, much more than the establishment of an appropriate department, pick up a few people, change the name of the integration of marketing communications head. More importantly, we should know how to combine them.Thirdly, company values serve as the a core and spiritual pillar for a company. Once established and recognized by all members, it will have long-term stability, and even become a common belief in the faith of generations. When an individual's values consistent with the company values, employees will work for the enterprise just as for their dreams. If a company can make the values accepted by all employees, then the company will have the power to overcome various difficulties.6appendix5.1 Interviewee 1Name: Cheng LeePosition: Planning CommissionerDaily work: Be responsible for publicity and promotion of the brand of Xiangjiang Wildlife Park, develop marketing activity plan, write reports and activity summary. Plan and create radio, television and newspaper ads. Plan various promotional activities.5.1 Interviewee 2Name: Xiangkun ZhangPosition: Sales managerDaily work: Fully be responsible for the daily management of the Department of Sales.Develop and implement marketing plan according to the company the sales department task and annual sales targets. Ensure the monthly sales reaching plan combined with market conditions. Professional guidance to the departmental staff inorder to achieve individual performance.。

国际商法案件及法律分析(3篇)

第1篇一、案件背景近年来，随着全球化进程的不断加快，国际贸易日益繁荣，跨国合同纠纷案件也日益增多。

本文将以一起典型的国际商法案件为例，对其进行分析。

案例背景：某中国公司（以下简称甲公司）与某美国公司（以下简称乙公司）签订了一份跨国货物买卖合同。

合同约定，甲公司向乙公司出售一批电子产品，总价为100万美元。

合同中明确规定了交货期限、付款方式、违约责任等内容。

然而，在履行合同过程中，双方发生了纠纷。

二、案件争议焦点1. 交货期限延误的责任归属甲公司未能按照合同约定的时间交货，导致乙公司遭受损失。

乙公司认为，甲公司的违约行为构成根本违约，要求解除合同并要求赔偿损失。

甲公司则认为，由于不可抗力导致其未能按时交货，不应承担违约责任。

2. 违约金的计算方法乙公司要求甲公司支付违约金，以弥补其因延误交货所遭受的损失。

甲公司认为，合同中约定的违约金过高，请求降低违约金数额。

3. 合同解除权的行使乙公司认为，甲公司的违约行为已构成根本违约，有权解除合同。

甲公司则认为，合同解除权应严格依照法律规定行使，乙公司无权单方面解除合同。

三、法律分析1. 交货期限延误的责任归属根据《联合国国际货物销售合同公约》（以下简称《公约》）第76条的规定，当事人一方如因其不履行义务而使另一方蒙受损害，则应负赔偿责任。

在本案中，甲公司未能按时交货，构成违约。

至于不可抗力，根据《公约》第79条的规定，当事人一方因不可抗力而免除责任，必须证明该不可抗力阻止了合同的履行，且该当事人无法预见、无法避免、无法克服。

在本案中，甲公司未能提供充分证据证明不可抗力的存在，因此不能免除其违约责任。

2. 违约金的计算方法关于违约金的计算，根据《公约》第84条的规定，违约金应当合理。

在本案中，乙公司要求甲公司支付违约金，但甲公司认为违约金过高。

根据《公约》的规定，当事人一方在支付违约金后，仍应履行其未履行的义务。

因此，法院应结合实际情况，综合考虑合同约定、违约程度、损失等因素，确定合理的违约金数额。

国际商法案例分析

CASE 2-5
ACSYNGO v. COMPAGNIE DE
一、当事人
原告：syndicate ACSYNGO
被告：Compagnie de Saint-Gobain (CSG)
二、案情简介
1982年，法国拥有国有股票在CSG。

而且CSG拥有略多于一半的比利时GSR的股票。

CSG的股东股价形成了一个集团国有化的财团ACSYNGO,ACSYNGO在比利时声称它(而不是CSG)应该一半的主人利益是GSR的。

比利时股东(ACSYNGO)认为,他们应该保留所有权在GSR,防止错误的域外效力的法国法令。

法院裁定,如果公平和适当的补偿已经支付,国有化法令的一个国家能够在另一个国家产生影响。

三、判决结果
法院裁定,如果公平和适当的补偿已经支付,国有化法令的一个国家能够在另一个国家产生影响。

四、案件争议焦点
1.一个外国国有化法令是非法的吗？（如果它有治外法权的效果）
2.国有化法令是合适的还是歧视性的？
3.是否国有化法令违反了比利时的公共政策？
五、判决理由
公平市场价格支付。

唯一的歧视是在经济领域。

一个股东收到足够的补偿会背信弃义来调用Spaltgesellschaft理论。

这将违反公共政策， GSR分离从CSG集团,因为这将减少它的价值来伤害它的比利时股东。

六、案情分析和结论
征收或国有化是一国政府对外国人财产的剥夺行为。

西方国家认为，征收应当是为了公共利益之目的而实施的，国家应当给予及时、充分、有效的补偿。

如果公平和适当的补偿已经支付,国有化法令,一个国家可以有域外效力在另一个国家。

国际法律商法案例分析(3篇)

第1篇一、案例背景甲国A公司与乙国B公司签订了一份长期合作协议，约定由A公司向B公司出口一批电子产品。

在货物出口过程中，B公司发现部分产品存在质量问题，经检验发现，这些产品存在安全隐患，可能会对消费者造成伤害。

B公司遂向甲国法院提起诉讼，要求A公司承担赔偿责任。

本案涉及国际法律商法中的产品责任法律问题。

二、案情分析1. 案件事实（1）A公司作为出口商，有义务保证出口产品的质量，避免因产品质量问题给消费者带来损害。

（2）B公司作为进口商，有义务对进口产品进行检验，确保产品符合安全标准。

（3）双方签订的长期合作协议中，并未对产品责任进行明确约定。

2. 法律依据（1）国际产品责任法律制度根据《联合国产品责任公约》的规定，生产者、销售者、进口商等均应承担产品责任。

本案中，A公司作为生产者，应当承担产品责任。

（2）国际合同法根据《联合国国际货物销售合同公约》的规定，卖方有义务保证其出售的货物符合合同规定，包括质量、数量、包装等。

本案中，A公司未履行保证产品质量的义务，违反了国际合同法的相关规定。

三、案例分析1. A公司是否应当承担产品责任？根据国际产品责任法律制度，A公司作为生产者，应当承担产品责任。

首先，A公司生产的电子产品存在安全隐患，可能对消费者造成伤害；其次，A公司在销售过程中，未采取必要措施确保产品质量，存在过错。

2. A公司是否违反了国际合同法？根据国际合同法，A公司有义务保证其出售的货物符合合同规定。

本案中，A公司生产的电子产品存在质量问题，违反了合同规定，应当承担违约责任。

3. 案件判决（1）甲国法院判决A公司承担产品责任，赔偿B公司因产品质量问题所遭受的损失。

（2）甲国法院判决A公司承担违约责任，赔偿B公司因违约所遭受的损失。

四、启示1. 跨国公司在签订合同时，应明确约定产品责任问题，以避免纠纷。

2. 跨国公司应加强对产品质量的监管，确保产品符合国际标准，避免因产品质量问题引发纠纷。

3. 跨国公司在面临产品责任纠纷时，应积极寻求国际法律途径解决，维护自身合法权益。

国际商法合同法案例分析

0Questions and Case Problems1. At 9 a.m., Menniu airs an ad on the radio station: “Anyone who runs from Shengle to Daqingshan before 12 today will get RMB 1000 from Menniu”. Upon hearing the ad, Chen immediately goes to Shengle and began to run. About one hour later, when he was about halfway to Daqingshan, Menniu places an employee on the road who tells Chen “Menniu revokes”. Chen completes the running to Daqingshan at about half past eleven. Is there a contract between Chen and Menniu? Can Chen recover anything?2. Dong began working for Grant, Inc., in 1959. Dong agreed to work at a lower pay rate in exchange for a promise that Grant would employ him “for life”. In 1975, Oliver Really, Inc, took over the management of Grant. Oliver’s president assured former Grant employees that existing employment contracts would be honored. During that year, Dong explained the terms of his agreement to an Oliver supervisor. The supervisor stated that he would look into the matter but never got back to Dong. After twenty-four years of service, Dong was fired by the new owners. Dong sued Oliver for breach of a unilateral contract. Discuss whether a unilateral contract exists.3. Zheng contacts Zhai and offers: “When you finish cleaning my apartment, I’ll pay you 100 yuan.” Zhai responds: “I accept your offer.” Is there a contract? Bilateral or unilateral? Is the distinction important?4. Lao Chen is a friend of Wang, the owner of a grocery store. Everyday at lunch Chen goes to the store and looks at the fruit. After examining the fruit and talking to Wang, Chen buys one or two kilos of the fruit. One afternoon, Lao Chen goes into the store, looks at the fruit, picks up a 10-yuan-bag of apples and, seeing that Wang is busy, waves the apples at Wang without sayinga word and walks out. Is there a contract? If so, classify it as disused in this chapter.5. Elderly Josephine Wideman moved in with her daughter and son-in-law so that they could care for her. Until that time, each of Wideman’s children had periodically lived with her in her own home. While Wideman lived with her daughter, other members of Wideman’s family would care for her while the daughter was at work. Wideman always paid her family members for these services, and the evidence supported the proposition that Wideman intended that everyone who cared for her should be paid. The daughter was never paid. When Wideman died, her daughter sued for the reasonable value of her services and rent. Discuss on what theory the daughter can sue to state a claim against her mother’s estate.6. Mo is confined to his bed, he calls a friend who lives across the street and offers to sell her his watch for $100. If his friend wishes to accept she is to put a red piece of paper in her front window. The next morning, she places a red piece of paper in her front window. Is the contract formed? Bilateral or unilateral? Explain.7. Lao Meng, an 85-year-old man, collapsed at the Great Wall. Xiao Wang and his girl friend, who did not know Meng, were also at the Great Wall and immediately put Meng on their car, got on the expressway and to him to Beijing Hospital where he was admitted and remained for one week,. Lao Meng never regained consciousness after his collapse. After he died, Wand sued Lao Meng’s estate for the expenses of the car trip and Beijing Hospital sued for the expenses of the hospital stay. Are there contracts? Can Wang and Beijing Hospital recover?8. Wang is the executive Beijing agent for Tech Software Co. His pay is based on commissions only. Wang has difficulty selling Tech’s software since it was developed in Taiwan-usingnon-simplified Chinese. He spends his own time to change it to simplified Chinese, and quickly increases the sale. With Wang’s permission, Tech incorporates these changes into all of it software and sells a lot outside of Beijing. Wang sues in quasi-contract for a portion of the increased sales profits outside of Beijing. Result?9. Ben writes Xue and inquires how much Xue is asking for a specific forty-acre tract of land Xue owns. In a letter received by Ben, Xue states, “I will not take less than %60,000 for the forty-acre tract as specified.”Ben immediately sends Xue a telegram stating, “I accept your offer for $60,000.” Discuss whether Ben can hold Xue to a contract for the sale of the land. 10. As a bank officer, you have responsibility for purchasing word processing equipment. On May 6th, the ABC Manufacturing Corp. sends you a letter offering to sell your bank some word processing equipments at a price of $10,000. The letter states that the offer is to remain open until May 20. On May 12, you write ABC a letter stating, “Offer appears a little high; I am sure you can do better. I will need presidential approval for the $10,000 offer. I have authority to purchase word processing equipment for $8,500 and will buy your products at that price. ” ABC receives the letter on May 16. On May 15, the president of your bank approves the $10,000 purchase. On the same date, ABC sends you a letter revoking its offer. The letter of revocation is received at your bank at 11∶15 A.M. on May 19. On May 19 at11∶00 A.M., you send ABC the following telegram: “Accept your offer for $10,000.” Because of a delay by the telegraph company, this massage is not delivered until May 21.(a) Discuss the legal effects of ABC’s revocation sent on May 15.(b) Discuss fully the legal effects of your response sent on May 12.(c) Does your bank have a contract since the telegram was not delivered until, May 21?11. On May 1, Dragon Realty Company offered to sell Lot 1 to Tongzhou, Inc. for ￥1,000,000. The offer was made by e-mail and stated that the offer would expire on May 15. Tongzhou decided to purchase the property and sent a registered letter to Dragon on May 10, accepting the offer. Due to unexplained delays in the postal service the letter was not received by Dragon until May 22. Dragon wishes to sell Lot 1 to another buyer, who is offering ￥1,200,000 for the tract of land. Has a contract resulted between Tongzhou and Dragon?12. A plaintiff is attempting to recover death benefits under a life insurance policy. The policy contained a provision that allowed the policy owner to terminate the policy and receive its so-called cash value. All that the company required was a written request received at the home office. The owner of the policy died after having sent a letter requesting the cash value of the policy (which was much less than the face value). The letter was received after the policy owner died. The representative of the deceased owner contented that the estate was entitled to the death benefits of the life insurance policy. What was the result?13. James sent invitations to a number of potential buyers to submit bids for some timber he wanted to sell. Two bids were received as a result, the higher one being that submitted by Eames. James changed his mind about selling the timber, however, and did not accept Eames’bid. Eames claimed that a contract for sale existed and sued James for breach. Did a contract exist? Discuss.14. On July 31, 1996, Lee Calan Imports (the defendant) advertised a 1964 V olvo Station Wagon for sale in the newspaper. The defendant had instructed the newspaper to advertise the price of the automobile at $1,795. Through an error of the newspaper, however, and without the fault of the defendant, the newspaper inserted a price of $1,095 for the automobile in the advertisement.Christopher (the plaintiff) visited the defendant’s place of business, examined the automobile, and stated that he wished to purchase it for $1095. One of the defendant’s sales agents refused to sell the car for the erroneous price listed in the advertisement. Christopher sued Lee for breach of contract, claiming the ad constituted an offer that had been accepted by Christopher. Discuss whether there is a contract.0Questions和案例问题1。

国际商法案例分析

国际商法案例分析第一篇：国际商法案例分析国际商法案例分析题合同法（一）案例一、我某进出口公司向美国一厂商发出要约．出售芝麻制品一批，限对方在5 月底以前答复有效，5 月10 日我公司接该厂商电传，称“你5 月8日电悉，报价太高无法接受，请考虑降低价格”。

半月后芝麻制品的市价明显上涨。

5 月26 日．该商再次发来电传：“你5 月8 日电接受，我方将开出信用证”．对此，我公司也已悉芝麻制品行市看好，以高价卖给他人。

1．我公司接到的5月10日的电传是什么？我公司是否违约？为什么？2．假设双方成立合同后，我方运去的芝麻质量与合同轻微不符．根据英国法和美国法、公约、中国法对方能否解除合同？为什么？案例二、甲国制糖公司向乙国农贸公司发出电报，要求立即给自己发出100吨甘蔗，价钱FOB每吨250美元，货到后付款。

农贸公司收到电报后，立即回电说：按你方意见办。

农场发货后，甘蔗运抵制糖公司，该公司以双方未签订书面合同为由拒收。

试问：1、该公司的理由是否成立？（请按CISG和中国法分析）2、假如双方约定签订书面合同，但后来没签订。

乙农贸公司发货后，甲国公司接受货物，后来甲公司没有付款，乙提起诉讼，甲辩称合同未成立，你认为呢？（请按中国法分析）案例三、2003年5月1日，甲地某商场向乙地某纺织厂发出信件，请求该厂在一个月内提供两万米纯毛布料，价格每米100元，由供方送货到需方。

5月2日，纺织厂收到信件。

5月8日，纺织厂发回信件，提出每米价格120元。

5月12日商场收到信件后，回信：同意，请按时送货。

信件于5月15日到达纺织厂。

试问：（按英美法、大陆法、公约、中国法进行分析）1．甲地某商场与乙地某纺织厂间的合同是否成立？试述本案中要约和承诺各是什么？2．合同如果成立，成立时间和地点是什么？3．假设纺织厂于5月8日发出信件后欲撤回要约，应符合什么条件？如果欲撤销要约，又应符合什么条件？4．假设商场于5月12日发出信件后欲撤回，可以吗？理由？5．假设5月15日信件送达后，发现市场上有对该商品的投诉，要撤销订货可以吗？案例四、我某出口公司于2月1日向美商就某农产品报价，在发盘中除列明各项必要条件外，还表示“packing in sound bags”。

国际商法案例分析及解析

第三章贸易术语的选用【案例1】天津某外贸公司收到美国一客商函电，欲订购我格兰士微波炉300台，邀我报每台FOB SANFRANCISCO价。

试问：如按《2000通则》报价，我应如何报价？【解析】1.美商是按《1941年美国对外贸易定义修订本》对FOB的解释去操作的。

美商是有可能是要求卖方在出口国（中国）内陆指定地点的内陆运输工具上交货，甚至在进口国（美国）指定内陆地点交货。

按这一种价格术语的解释，卖方要自负费用，自担风险将货物送买方固定指定地点，这种报价对我不利，不宜接受。

2.每台XX美元FOB天津。

【案例2】买卖双方签订FOB合同，卖方向买方出口一级大米300公吨，装船时货物经公证人检验，符合合同规定的品质条件，卖方于装船后及时发出装运通知。

货物运输中由于风浪过大，大米被海水浸泡，品质受到影响，当货物到达目的港后，只能按三级大米价格出售，因而买方要求卖方赔偿差价损。

问卖方是否应该负责?为什么?【解析】卖方不应该负责。

根据FOB贸易术语，买卖双方风险责任划分界限是以船舷为界划分风险。

货物越过船舷之后的风险由卖方自己承担。

【案例3】我某公司与外商签订一份FOB合同，出售油菜籽。

合同规定：“3月份内装船”，“如果买方在合同规定的期限内不能派船接货，卖方同意保留28天，但买方负担相关仓租、利息和保险费”。

事后，买方在3月份未能派船。

卖方发出警告，如果4月28日前仍不能派船，卖方将撤撤销合同并保留索赔权。

结果买方的船5月5日才到。

卖方拒绝交货，并提出损失赔偿。

（1）卖方可否拒绝交货？（2）卖方能否取消合同？（3）如索赔，应包括什么项目？【解析】（1）可拒绝交货，因FOB要求买方派船，但买方未能按时派船，违约在先（2）能取消合同，因买方违约严重，构成根本性违约或违反要件（3）索赔项目包括：28天仓租费、利息、保险费、其他意外损失等【案例4】某年，我外贸公司接到一份来自美国客商的定单。

订购蜡烛2000支，采用CIF术语，凭不可撤消即期信用证支付货款。

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 myletter 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 to sell Buyer 5,000 ornaments $20 apiece. Seller’s letter closed with the following statement: “I know that this offer is soattractive 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 itarrives 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 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 fordelivery 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 inthe 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 rail 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 Liverpool3the 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 of 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 differencein 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 goods according 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 authority topurchase 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。

国际商法——揭开公司面纱(英文版)

will seldom lend money to such a company without the shareholders personally guaranteeing the performance of
the company.
新公司或小公司须有持股人作保证才可以贷款
案例解释——人格混同
Ⅱ
The Controlled Company( 不当控制) The Alter Ego Company (财产混合)
Personal Assumption of Liability Undercapitalization(人格混同) (资本严重不足)
The Controlled Company不当控制/被控制的公司
independent decision-making authority and(2)it is induced to enter into a transaction beneficial to the parent but
detrimental(不利的) to it and to third parties.
公司资金严重不足无法满足预期债务和保险母公司拥有一个车队出租给子公司并由子公司的员工去驾驶运营两家公司构成单一的经济实体本来就不应该分割开的如子公司破产让资本不足的子公司承担全部的运营风险而母公司不担任何风险对交易相对人来说是不公平的母公司应该为子公司的债务买单shareholderscanpersonallyassumeliabilityespeciallycommonsmallmarginallysuccessfulcreditorsseldomlendmoneycompanywithoutshareholderspersonallyguaranteeingcompany

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。

国际商法案例分析 7

1.我国某玩具进出口公司向美国某玩具公司出口塑料弹弓。

出口后不久，就反映质量有问题．称美国儿童使用弹弓时弓柄断裂，并已发生多起伤害案件，有的眼睛致残。

经法院审理，美方提出证明表示，我方出口的弹弓所使用的材料不安全，仅经受9磅拉力弓柄就断裂，香港同类弹弓弓柄能承受60磅拉力。

问：产品属于质量不合格还是缺陷产品?我国出口商是否应承担产品责任?应对谁承担产品责任?【分析提示】如果我国出口公司与美国公司在订立合同时约定弓柄承受拉力应超过9磅，则由于该玩具弹弓的弓柄仅经受9磅拉力就断裂，属产品质量不合格，但这不影响它同时构成缺陷产品。

如果该缺陷产品给消费者造成了损害，生产者或进口商应承担产品责任，对受损害的消费者承担赔偿责任；如果涉及产品质量不合格，应由出口商对美国的进口公司承担违约责任。

2.【案情】2011年5月28日，原告汪伏茂在家中宴请为其建房的雇工周禄祥、严武贵、严银贵等吃晚饭，向汪有良购买了六箱由被告江西省武林啤酒有限公司生产的武林特爽啤酒，当天晚上八时许，原告在吃完饭弯腰准备收置剩余啤酒时，啤酒瓶突然发生自爆，致使原告汪伏茂受伤。

原告受伤后，先后在贵溪市人民医院、中国人民解放军第184医院、南昌大学第一附属医院、贵溪市罗河镇卫生院医治检查，共住院11天，出院时伤情诊断为：左眼球穿通伤，巩膜裂伤，玻璃体、色素膜嵌顿，前房积血，角膜挫伤。

2011年8月31日，经贵溪市公众司法鉴定中心出具贵公众司鉴［2011］医鉴字083102号司法鉴定意见书，确定原告汪伏茂伤残等级为十级。

事故发生以后，汪某要求赔偿相关费用，被告以其公司生产的产品符合国家标准是合格产品为由，不予赔偿。

于是汪某诉至贵溪市法院，要求被告承担侵权责任。

3. 【案情】某企业为了表示慰问，过年前将自产经检验合格但未投入流通的一批洗衣机作为福利分给职工。

职工甲拿到厂里分的洗衣机后非常高兴，将洗衣机拉回家。

恰逢妻子乙在，便让其帮忙用该洗衣机把家里的沙发罩等洗一下。

国际商法课程案例及分析

中国甲公司与美国Gateway公司签订一份合同，约定由中国甲公司负责Gateway牌笔记本电脑在中国华东地区总代理业务，在合作过程中产生争议，Gateway公司诉请法院终止双方的代理关系。

问：中国法院在审理本案时，应当适用何种法律？答：合同法案例二：练某在海南海口自营一家某牌子的汽车销售店，2011年应邀请参加为期十天的汽车展览会，便委托好友张某替他打理该店。

练某书面授权张某：一次交易额在20万以内的由张某自己做主，超过20万的要征得自己同意。

在此期间张某以练某的名义与美国人马克签订了汽车买卖合同，约定马克可以以分期付款方式购买店里的汽车一辆，首次付款10万，余款一个月内付清。

后马克不知所踪。

请问：1）本案中练某与张某、张某与马克及练某与马克之间存在怎样的法律关系？答：练某与张某是代理人与被代理人的关系张某与马克是代理人与第三人的关系练某与马克是代理人与第三人的关系2）马克未付的款项由谁承担原告Z是一名经特许的不动产经纪人，从事购买和持有土地再售的生意。

被告B聘用原告作为经纪人，为其约18l英亩的土地寻找一位买主。

后来原告获悉该地的地价会迅速飙升，便决定自己买下该块土地，被告也同意以800美元／英亩的价格卖给原告，甲方还签署了书面的转让协议。

但是，在执行该协议之前，被告却以800美元／英亩的同样价格将土地卖给了第三人。

与此同时，原告以本人的身份找到了一位同意以1250美元／英亩的价格购入该块土地的买主。

当原告得知被告将土地卖给了第三人后．便诉向法院，要求被告赔偿其9万多美元的差价损失。

请问：1）代理人的义务有哪些？答：a应履行其代理职责。

b应对本人诚实，忠实。

c应亲自完成代理行为。

d在授权范围内行事。

e不可泄露秘密。

F向本人申报账目。

2）作为代理人的原告是否未能尽到其代理义务?答：没有案例四：甲、乙、丙三人于2008年分别出资2000英镑、4000英镑、6000英镑成立了普通合伙企业，经营奶酪、面包等食品加工业务，三人约定按出资比例分配利润和亏损。

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国际商法期末考查—案例分析课程名称：国际商法学期：2013-2014（2）班级：姓名：学号：得分：Case Study 1Samir is walking down Princes Street one Saturday morning when he notices a very eye-catching display of sets of golf clubs in the window of Fairways, a well-known Edinburgh sports retainer. As Samir is a very keen golfer, he stops to pay more attention to the window display. Samir immediately notices that a set of golf clubs (by Japanese master craftsman Matsumoto) is priced at an incredible ￡150. He is astonished at the low price for the golf clubs and he immediately rushes into the shop where he heads straight for the cash desk so that he can purchase the goods. On reaching the cash desk, Samir is incredibly annoyed to be told by the (somewhat superior) sales assistant that some sort of mistake has obviously occurred. There is no way that the store would sell a set of Matsumoto golf clubs for a mere ￡150. The goods have been incorrectly priced and if Samir wishes to purchase the clubs he must pay ￡1,500 for them. Samir insists that Fairways has made him a definite offer and that he has now accepted that offer----- there is a legally enforceable contract between him and the store. The sales assistant is absolutely unimpressed by Samir‟s line of argument. Admittedly, it is often the case that Fairways will give customers goods which are wrongly priced for the price as it is marked on the ticket, but this is purely a gesture of goodwill. In this situation, the sales assistant is absolutely certain that her superior would be most unhappy if Samir was able toobtain the goods for the ridiculous price of ￡150. Samir begins to lose his temper and the other customers in the store are beginning to stop and stare at the disturbance. However, the sales assistant still refuses to sell the golf clubs to Samir for ￡150.Question 1: what is the price tag of the golf clubs in the window display called according to contract law theory? Is it an offer or invitation offer? Why?Question 2: Does Samir have a legally enforceable contract with Fairways for the purchase of Matsumoto golf clubs for ￡150? Why?Case Study 2On storming out of Fairways , Samir runs into an old friend, Susan, whom he agrees to meet for a meal at 7 o‟clock that evening at Shanghai Surprise restaurant. Susan rushes off to her favourite designer clothing store, Tiffany‟s Boutique, in order to p urchase an outfit for her night out with Samir. Susan spends nearly a ￡1,000 on her outfit from Tiffany‟s. As things later turn out, Samir will conveniently forget that he made arrangements to go out with Susan that evening. Susan is now determined to sue him for the cost of her new outfit, her taxi and the disappointment caused.Question 3:What are the chances of Susan being successful if she goes ahead andsues Samir for the cost of her new designer outfit, the cost of her taxi fare and the disappointment caused?Case Study 3On arriving home just before lunch-time, Samir plays back his telephone answer machine and hears a message from Dougie Campbell, the builder withdrawing his earlier offer to build a conservatory and patio for ￡1,000. Samir had e-mailed his acceptance of Campbell‟s offer several days previously. However, unknown to Samir, he mistyped Campbell‟s e-mail address and his acceptance never arrived at its intended destination.Question 4:Is Dougie Campbell entitled to cancel its offer to build a conserbatory and patio for Samir? Why?Question 5:If Samir had not mistyped Campbell’s e-mail address, is Dougie Campbell entitled to cancel its offer to build a conserbatory and patio for Samir? Why?Case Study 4Later on Saturday afternoon, Samir receives a call on his mobile from Stuart who offers to sell him his car for ￡4,500. Samir is very anxious topurchase the car, but in response to the offer he say to Stuart …I‟ll give you ￡4‟000 for the car. ‟ Stuart refu ses to bargain with Samir and tells him bluntly that the price is ￡4,500 if he wants the car. An hour later, Samir phones Stuart agreeing to pay ￡4,500, but he is somewhat shocked to be told by Stuart that he is no longer interested in dealing with him and that someone else is coming over to look at the car.Question 6:Can Samir insist that Stuart sell the car to him for ￡4,500? Why? Question 7:If Samir agrees promptly to pay ￡4,500 rather than trying to pay ￡4,000 for the car offered by Staurt, does there exist an enforceable contract between them, why?Case Study 5Seller 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 for delivery, Seller delivered the potatoes to pier 7, but the ship was not 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 attached to the first container. Asthe container began to cross the ship‟s rail the cable snapped. The container then fell on the rail, teetered back and forth for a while, 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.Question 8:Who takes the risk of the loss of the potatoes in this case? Why?Case Study 6Buyer and Seller entered into a contract for the sale of sugar from the Philippines to New York on CIF terms. They added language to the contract that delivery was to be “at a customary safe wharf or refinery at New York, Philadelphia, or Baltimore to be designated by the Buyer.”Before the sugar arrived, the United States placed a quota on sugar imports. The sugar was not allowed to be imported and was placed in a customs warehouse. The Buyer refused the documents and the Seller sued, claiming that the import restriction was no excuse for the Buyer‟s non-payment. The Buyer argued that the language calling for delivery to a U.S. port converted a shipment contract into a destination contract. Question 9:Was this a CIF contract or a destination contract? Why?Question 10:What was the effect of the additional shipping language used by theparties?Question 11:Why should the parties not attempt to modify a trade term or add other delivery language?。

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