国际商务合同考条.doc

国际商务合同练习册International commercial contracts 单选1. A contract is an enforceable agreement which consists of D. offer and acceptance.2. The elements for a contract to be valid include the following EXCEPT D. form and genuineness.3. For a contract, drafting is a beginning step of A. formation4. From a dynamic angle, the step of a contract normatively include: B. formation, performance, and termination.5. C. offeror means a person who made the offer.6. D. offeree means a person who made an offer is made.7. A sale of goods refers to C. transfer of the ownership of the goods from one party to another.8. A vacationing doctor is driving down the highway and Potters life. There is C. a quasi-contract in this situation.9. A C. voidable contract is a contract that of the parties because of a defect or illegality in making it.10. The requirements for an offer will be valid include EXCEPT B. the offeree must have accepted the offer.11. Which of the following statements can be regarded as an offer? C . ”I will sell this book at US $10 to you. ”12. Johnson offers to sell his prize greyhound to Rizzo, for example , but the dog dies before Rizzo can accept. Thus, the offer becomes B. ineffective.13. There are two ways to describe the cancellation of an offer, namely, A. withdrawal and revocation.14. Which of the following statements is not an acceptance? C. ”I accept the offer ninety days credit”15. If a seller sends a buyer an offer saying “I will assume otherwise,” the fact the buyer does not respond will B. create an acceptance 16. If the seller were to send the buyer an invitation to negotiate that says “unless you hear otherwisethe sellers silence would constitute a(n) D. acceptance.17. A sheriff cannot collect a rewardcriminal because he has B. preexisting duty to capture the criminal.18. In general, the following persons EXCEPT B. legal persons have limited competence to enter into contract.19. De La Tour made a contract Hochster in Marchmonths June, July.This is called B. anticipatory breach. 20. The international aspect of the contractand enforcement because D. all of the above.Chapter11. A contract is simply a(n) C. agreement that defines a relationship between one or more parties.2. A commercial contractagreement made by C. two or more parties for the purpose if transacting business.3. The contract terms are usually supplemented and are as follow EXCEPT B. complete.4. In an international sales contract, the parties D. can work against the negotiation5. About cross-border rights and contract, which is false? B. For contracts madeor practices.6. When making a commitment to perform an international commercial contract, B. Consider the other partys7. When trading internationally, you are subject to D. any of the above is possible8. Most jurisdictions require certain contracts to be C. written to be enforceable.9. By selecting a mutually acceptable D. remedy in the beginning, both performance fail.10. The four basic terms of a contract include A. description of goods, delivery, price, and paymentChapter2.1. The issues affecting international contracts may include D. all of the above2. Which of the following is NOT in favor of globalization of market or trade? B. increase of trade barriers.3. Much of the pressure toward globalization is which mainly include EXCEPT A. government.4. In the area of international sales of goods,of the United Nations of the B. CISG5. The CISG was finalized at the United Nations convention in Vienna on A. April 11, 1980.6. Many member countries have chosen to exclude the application of certain CISG provisions. The A. form of contract.7. The CISG is intended to clarify points related to the B. formation of a contract and the rights and .8. The CISG provisions primarily delineate the C. elements that mustsale of goods.9. A seller makes a proposal and the buyer accepts it. In this situation, can you a contract formed? C. It depends10. A seller makes an offer and the buyerin the buyers favor. The key issue goes to C. acceptance should dispute arise. 11. If the nonconformance was B. minor and of no12. The CISG is inapplicable to contract for C. sales of socks.13. The CISG is applicable to contract for C. sales of meat.14. D. Trade sanctions are often used to influence another countrys domestic 15. About the laws regulating the import, export, and sale of goodsfollowing statements is NOT true? B. developed countries are taking theirdeveloping countries.16. Which of the following is a positive internet? A. sales can be made at electronicworldwide.Chapter 31. This term “A. privity of contract” is a shorthand expression for a2. The buyer may be D. either B or C of the consuming chain.3. The seller may be at D. either A or B of the consuming chain.4. If there are B. many supplier and a few buyers, buyer will have a strong negotiation position because5. If there are C. few suppliers, buyer will have the weakest negotiation purchase options.6. The bottom line answer to the question up in a lot of financial and A. legal trouble because of your7. If you take delivery of the goods before they are B. exported, you will have to sellers country.8. If you buy foods that are C. illegal to export, you could become criminally liable.9. If you D. breach the contract, you may be brought before a court in the sellersa foreign judge.10. Youd better ask your lawyer about subjects that .such as B. contracts.Chapter 41. Parties to a commercial that the desire, but A. the laws of your country or the a written contract.2. If you leave B. terms out of your contract, the gaps will be of the law.3. The best way to control the results of your D. contract is to clarify each partys every contract term.4. The date when the contract is B. signed is usually also the date when contract provides otherwise.5. To avoid confusion, it is highly recommended that you D. spell out the monthyour contract.6. Identification of parties clause of include the following EXCEPT C. the purpose of each party.7. Which one of the following abbreviations forin France？ C. s.a.8. The provision for foods contains two termsor domestic: B. description of the goods and price.9. Which one of the followingis the most precise one? D. RMB Yuan 10,000.0010. At minimum, the packing in such a way as A. to withstand transportation.11. Contracts for the sale of goodsdefined by B. ICCto assign responsibilities for the transport.12. In general, D. title to the goods will passto the Seller by that time.13. The buyer should insist on a right of B. inspection of the foods beforecontract specifications.14. In B. the United States, the parties to a contractis essential.15. The A. governing law clause in an internationalif a dispute arises.Chapter 51. About international business transactions, which statement is NOT true? B. the terms of meanings.2. By the 1920s, commercialterms to describe C. the rights and liabilitiestransport of goods.3. Trade terms consist of C. short abbreviations for lengthy contract provisions, andfor convenience.4. The current version of Incoterms is D. Incoterms 20005. Incoterms may be included in an international desire the following EXCEPT B. define the remedies for breach of goods.6. In A. Ex Works , the seller merely makes the sellers “named place” of business.7. In B. FCA, the seller clears the goods for export at the named place.8. In C. FAS, the seller clears the goods for export”named port shipment”.9. In D. FOB, the seller clears the goods for exportat the port of shipment.10. In A. CFR, the seller clears the goods for export the named port of destination.11. In B. CIF, the seller has the samename for the shipment.12. In C. CPT, the seller clears the goods for export, delivers them to the carrierto the named place of destination.13. In D. CIP, the seller clears the goods for export, delivers them to the carrier, and is responsible for paying for carriage and insurance to the named 14. In A. DAF, the seller clears the goods for export and is responsible for making them available to the buyer at the named point and place at the frontier, not unloaded, and not cleared for import.15. In B. DES, the seller clears the goods for export and is responsible for making them available to the buyer on board the ship at the named port destination, not cleared for import.16. In C. DEQ, the seller clears the goods for export and is responsible for making them available to the buyer on the quay (wharf).17. In D. DDU, the seller clears the goods for export and is responsible for making them available to the buyer at the named place of destination, not cleared for import.18. In D. DDP, the seller clears the goods for export and is responsible for making them available to the buyer at the named place of destination, cleared for import, but not unloaded form the transport vehicle.19. C. Carrier refers to any person who, in contractof such modes.20. In Incoterms, B. FOB is commonly used in rail is important.21. In Incoterms, A. Ex Works, places the greatest responsibility on the buyer and minimumseller.22. In Incoterms, D. DDP places the maximum obligation on the seller and buyer.23. C. FOB is only used in reference to ocean or inland waterway transport.24. D. CPT is applicable to all modes of transport.25. B. Stowed and Trimmed is frequently used within the port of shipment.Chapter 22 Glossary1. A. abrogation refers to the cancellation been performed.2. B. acceptance means an unconditional assent to an offerterms of the offer.3. C. Accommodation is an action by one party for another party.4. D. Assignment is a remedy for a breach of contract financial records.5. D. Adhesion contract is a contract with standard, often printedagree to the contract terms.6. A business enterprise that is directly or indirectlyentity is called A. affiliated company.7. A. After sight is a term in a financial instrumentafter presentation or demand.8. The relationship between one individual or entity whorequest or instruction is called B. agency.9. An individual or entity who is authorized entity is called C. agent.10. C. Amendment is an addition, deletion, or change in a legal document.11. C. As is refers to a contract term by which the buyerfor better or worse.12. D. Assignment is the transfer of rightsto the initial contract.13. D. At sight is a term in a financial instrument on presentation or demand.14. B. Attachment is the legal process the payment of damages if awarded.15. D. Avoidance is cancellation of a contract by lawform their obligations.16. A. Bailment is a delivery of goods into the possession of another has been accomplished.17. D. Beneficiary is a person or entity that is not a party to contract but that will benefit from a contract made between other parties.18. A written instrument signed by a person and addressfuture time is called A. bill of lading.19. C. Boilerplate is standard contract terms usuallypre-printed contract form.20. A. bona fide means in or with foods faith, honesty, and sincerity.21. C. Breach refers to a violation of law or agreement.22. A persons competency, as defined by law, to make a contract is called B. capacity.23. D. Chattel paper is a document that constitutes a security interest in or a lease of specific goods for a monetary obligation.24. A. Confirmation is a written contract or memorandum that sets forth the terms of an agreement that would otherwise have been difficult to prove and therefore to enforce.25. D. Conflict of interest is a financial or ethical conflict between an officials private interests and official duties.26. B. Consideration is an item of value passed from one contractingnot binding.27. A. Consignment contract is an agreement by which a sellerthe contract is not binding.28. C. CISG refers to a United Nations convention that establishes uniform legal rules to govern international contracts for the sale of goods between29. B. Counteroffer is a reply to an offer that materially alters the terms of the offer.30. C. Crossed check is a check that bears on its face two parallel transverse lines, indicating that it cannot be presented for cash. A bank that accepts such a check will pay the proceeds only to another bank, which will credit the money to the account of the payee of the check.31. B. Damages is a monetary amount claimed and awarded to a person for loss or injury to the person or the persons property.32. A. Actual damages means compensation for amounts in fact incurred.33. B. Expectation damages means compensation for amounts that a person could have reasonably anticipated receiving form a transaction had it not failed.34. C. Incidental damages means expenses reasonably incurred in mitigation, or otherwise in association with, losses.35. A. Design is a scheme, drawing, plan, or other depiction of a new pattern, model, shape, or configuration that is decorative or ornamental.36. B. Destination contract for sale of goods in which the risk of loss is passed to the buyer after the seller delivers the goods to the destination.37. D. Documentation is the financial and commercial documents relating to a transaction. These documents may include a commercial and bill of exchange.38. A. Execution is the legal process for enforcing a judgment for damages, usually by seizure and sale of the debtors personal property.39. A contract that has not been performed entirely is called B. executor contract.40. B. Exhibit is document attached to a contract or agreement.41. A. Fine print is known as the standard contract terms printed in small type details of a contract42. .A. Force majeure clause is the contract clause that excuses a party who breaches the contract when performance is prevented by thereasonable control.43. A. Goods refers to products, whether raw materials, semi manufactured components, or completed merchandise.44. B. Durable goods means goods that last a relatively long time without being quickly dissipated or depleted during use, such as machinery.45. C. Hard goods means consumer durable foods, such as appliances or vehicles.46. D. Soft goods means consumer goods that are not durable，such as clothing or luggage.47. A. Consumable means goods purchased for the buyers personal, family, or household use.48. A. Integrated contract is a contract that states every provisions to which the parties intend to agree. Parol evidence cannot be used to change or supplement the provisions of an integrated contract.49. A. Intellectual property is intangible rights that can be protected because of their novelty, uniqueness, and value to the creator. These rights include copyrights, trademarks, service marks, designs, and patents.50. B. Juridical person is an individual or entity recognized under law as having legal rights and obligation.51. D. Juridical act refer to an action intended to have, and capable of having, a legal effect, such as the creation, termination, or modification of a legal right.52. D. Liquidated damages are an amount fixed by contract as reasonable compensation in the event a party defaults.53. A. Material terms are contract provision that are so significant to the bargain made that the agreement would be substantially different of the terms were to be altered or eliminated.54. C. middleman is an intermediary acting as an agent or lealer between buyers and sellers.55. C. Minimum contact is a persons connections to a jurisdiction, such as operating or soliciting business thereauthority of the courts of that jurisdiction.56. A. Mitigation of damages is the duty, imposed by law, to use reasonable care and to the injured party.57. C. Mutuality of remedy is contract provision by which both parties are given the right to the same remedy or to remedies of equal effect.58. D. Necessary terms are contract provisions for the goods, price, delivery time, and payment, without which terms a contract is generally considered unenforceable unless the parties have partially or fully performed it.59. A. Negotiable instrument is a written document transferable merely by endorsement or delivery.60. D. Offer is a proposal that is made to a specific individual or entity to enter into a contract.61. A. Open-end contract is an agreement by which the buyer may purchase the sellers goods at any time within a specified period without changes in the price or other contract terms.62. B. Output contract is an agreement by which the buyer agrees to purchase the sellers entire production.63. A. Parol contract is a contract that is partly or entirely oral.64. B. Parol evidence refers to oral statements that are offered to prove the terms of a contract.65. C. Power of attorney is a written document by which one individual or entity authorizes another individual or entity to perform stated acts on the principals behalf.66. B. Pro forma invoice is an invoice provided by a supplier prior to a sale or shipment of merchandise to inform the buyer of the kinds and quantities of goods being sent, their value, and specifications such as weight and size.67. C. Purchase order is a buyers written offer to a seller stating all terms and conditions of a proposed transaction.68. A. Requirement contract is an agreement by which the seller agrees to furnish all goods required by the buyer for a specified timed and at a certain price, during which time the buyer agrees to purchase such goods from the seller exclusively.69. C. Rescind is a contracting partys right to cancel the contract.70. B. Restitution is a legal remedy for breach of contract by which the parties are restored to their original