国际贸易实务课堂案例.docx

1、国际贸易实务课堂案例国际贸易实务双语课堂案例剖析Chapter Two and Three General 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 Am

2、erica 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

3、a plane to Mr. Johnson. In his cable, Mr. Anderson offered: “Confirm sale of a planePlease send 5000 pounds by telegraphic transfer.” Mr. Johnson cabled back immediately: “Confirm purchase of your plane, terms and conditions same as your cable. Ive sent the 5000 pounds to your Account Bank who keeps

4、 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

5、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

6、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 acc

7、eptance 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 didnt say anything. But in the afternoon, the French buyer visited again and accepted the mornings offer. At this moment, Chinese compan

8、y 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 bureaus late in delivery, we have received the

9、acceptance on 11th. At this moment, 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 i

10、n 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 Co

11、mpany Bs 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

12、 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 part

13、ies. 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 t

14、he 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

15、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

16、 do you think is the best way for the Chinese company to deal with this case? Why? Chapter Two and Three General 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 C

17、IF 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 Artic

18、le 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. Andersons offer, his acceptance contained some add

19、itions 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

20、 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 acc

21、eptance 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 accepta

22、nce 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。因此，双方当事人均应受该公约约束。按公约规定：对口头要约，须立即接受方能成立合同。据此，我方鉴于市场有趋涨迹象，可以予以拒绝或提高售价继续洽谈。5. 中国与意大利均系联合国国际货物销售合同公约缔约国，该案双方洽谈过程中，均未排除或作出任何保留，因此，双方当事人均应受公约约束。我方于11日收到意商的接受电报属因传递延误而造成的逾期接受。因此，如我方不能同意此项交易，应即复电通知对方：我方原发盘已经失效。如我方鉴于其他原因，愿按原发盘达

23、成交易，订立合同，可回电确信，也可不予答复，此时接受即告失效。6. A 公司与B公司的第一封信函可视为发盘，在该发盘中A公司对包装做出了要求。而B公司对该发盘中包装条款进行了修改，可视为还盘，或新的发盘，B公司发出还盘后A公司未进行回复，虽然它用行动表明受B公司发盘约束，但没有明确向B公司表示接受，此时认为合同未成立。因此，B公司以此为由，拒不履行合同。A公司将陷入被动。为了避免出现此情况，A公司在收到B公司发盘时，应及时表示接受。7. According to Article 11 of CISG: “A contract of sale need not be concluded in,

24、or evidenced by, writing and is not subject to any other requirement as to form. It may be proved by any means, including witnesses.” Though China and the US are both member countries of the CISG, China declared that it wont be bound by Article 11 and its related articles. That is to say, any kind o

25、f contracts in China must be evidencing by writing. In this case, though both companies agreed orally as to the main terms of the sales contract, there is no writing evidencing the contract. This contract, according to Chinese law, is not effective.8. According to Item 2 of Article 21 of CISG: “If a

26、 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 offe

27、ree 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.Chapter Four Trade TermCase One 案

28、例一1. A Chinese import and export company concluded a Sale Contract with a Holland firm on August 5, 2000, selling a batch of certain commodity. The contract was based on CIF Rotterdam at USD 2500 per metric ton. The Chinese company delivered the goods in compliance with the contract and obtained a c

29、lean on board Bill of Lading. During transportation, however, 100 metric tons of goods got lost because of rough sea. Upon arrival of the good, the price of the contracted goods went down quickly. The buyer refused to take delivery of the goods and effect payment and claimed damages from the seller.

30、 How would you deal with the case?Case Two 案例二2. A Chinese trading company E concluded a transaction in steel with a Hong Kong company W on the basis of FOB China Port. Company W immediately resold the steel to Company H in Libya on the terms of CFR Liberia. The L/C form W required the price term to

31、 be FOB China Port and the goods to be directly delivered to Liberia. The L/C also required “Freight Prepaid” to be indicated on Bill of Lading. Why did Company W perform so? What should we do about it?Case Three 案例三3. A Chinese import and export company concluded a Sale Contract with a German firm

32、on October 5, 2006, selling a batch of certain commodity. The contract was based on CIF Hamburg at USD 2500 per metric ton; The Chinese company delivered the goods in compliance with the contract and obtained a clean on board B/L. During transportation, however, 100 metric tons of the goods got lost because of rough sea. Upon arrival of the goods, the price of the contracted goods went down quickly. The buyer refused to take delivery of the goods and effect payment and claimed damages from the seller. Question: (1) Is the buyers refusal reasonable? Why?