国际商法合同法案例分析.doc

Contract LawCase Study0Questions 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. Olivers 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, Ill 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 saying a 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 Widemans children had periodically lived with her in her own home. While Wideman lived with her daughter, other members of Widemans 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 mothers 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 Mengs 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 Techs software since it was developed in Taiwan-using non-simplified Chinese. He spends his own time to change it to simplified Chinese, and quickly increases the sale. With Wangs 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 1115 A.M. on May 19. On May 19 at1100 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 ABCs 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 Volvo 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 defendants place of business, examined the automobile, and stated that he wished to purchase it for $1095. One of the defendants 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。上午9时，Menniu电台播出了一则广告：“任何人如从声乐到大青山前12今天将获得1000元人民币从Menniu”。听到广告后，陈立即以声乐，并开始运行。约一小时后，当他是大约一半，以大青山，Menniu地方的道路上谁告诉陈“Menniu撤销”雇员。陈完成青山运行约十一点半。陈和Menniu之间是否有合同吗？陈能恢复什么？有合同 不可以在一般时撤销合同 要约的终止能得到1000元2。董开始工作格兰特，公司于1959年，。董同意工作的承诺，格兰特将聘请“为人生”的他在一个较低的工资率，以换取。 1975年，奥利弗说真的，公司，接管了格兰特的管理。奥利弗的总统保证前给予雇员现有的雇佣合约会兑现。在这一年，董解释他奥利弗主管的协议条款。主管表示，他将关注此事，但从来没有回来董。服务二十四年后，董新业主被解雇。董单方面合同违约起诉奥利弗。讨论是否存在单方面合同。3。郑接触翟和提供：“当你清洗完我的公寓时，我会付你100元。”翟回应：“我接受你的报价”有没有合同？双侧或单侧？重要的区别？4。老陈是一个朋友，一个杂货店的老板王。陈午餐每天去商店和水果。研究水果和王交谈后，陈购买一个或两个公斤的水果。一天下午，老陈进店，着眼于水果，拿起一个苹果10元包，看到王忙，波王苹果一言不发，走出。是否有合同吗？如果是这样，分类本章废弃。默示合同 有沉默作为承诺5。长者约瑟芬怀德曼提出与她的女儿和女婿，让他们可以照顾她。直到那个时候，每个怀德曼的儿童有定期与她住在自己家。怀德曼虽然与她的女儿住，怀德曼的家庭其他成员会照顾她，而女儿在工作。怀德曼总是为这些服务支付她的家庭成员，以及证据的支持，怀德曼，大家对她的关心应支付的命题。女儿从未支付。怀德曼去世时，她的女儿状告她的服务和租金的合理价值。论理论的女儿可以起诉国家对她母亲的遗产索赔。6。钼是局限于他的床，他呼吁住在街对面，并提供了他的手表为100元卖给她的朋友。如果他的朋友，愿意接受她，在她面前的窗口的红纸。第二天早上，她的红纸，在她面前的窗口。是合同形成的呢？双侧或单侧？解释。7。老孟，一个85岁的男子，在长城倒塌。小王和他的女朋友，谁不知道孟，长城也猛立即把自己的车，在高速公路上，他到北京医院了，在那里他被承认和维持一个星期，。老孟从来没有苏醒后他崩溃的意识。他去世后，魔杖状告老孟的遗产，一趟车，状告北京医院住院费用的开支。是否有合同吗？王和北京医院能否恢复？没有合同 因为老王没有意识8。王是他的薪酬是基于委员会只有执行北京高科技软件有限公司代理。王卖技术的软件，因为它是在台湾使用非简化中国开发的难度。他花费自己的时间，将它更改为简体中文，并迅速增加的销售。随着王的许可，技术集成到所有软件的这些变化，并销售了很多北京以外的。王准合同在北京以外的销售增加利润的一部分的起诉。结果呢？9。本写薛查询学多少是要求一个特定的40英亩土地薛拥有道。本，薛国收到的信，“我将采取第四，每亩道小于60000指定的。”奔立即发送薛一个电报，说明，“我接受合共60,000元您的报价。”讨论是否本可以按住薛出售土地的合同。10。作为银行工作人员，你必须负责购买文字处理设备。 5月6日，ABC制造公司发送你的信，提供10,000元的价格推销自己的银行，在一些