国际贸易实务课堂案例

.国际贸易实务双语课堂案例分析Chapter Two and Threegeneral procedures of export and import transactioncontracts for the international tradeCase One案例11.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 America 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？为什么？案例22.Anderson intensed to sell a plane to Mr . Johnson。in his cable，Anderson offered : confirm sale of a plane.please send 5000 pounds by telegraphic transfer。“Johnson cabled back immediately :”confirm Purchase of your plane，Terms and conditions same as your cable . I ve sent the 5000Anderson did not reply and sold the plane to another buyer at a much higher price . disagrements occurred between the two parties about wheetin such a case，was the contract concluded？为什么？案例33.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 delay b Y 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 rapidlyquestion : was the acceptance effective？为什么？事例four4.a French buyer visiited a Chinese trading company to buy some goods in the morning。when Chinese seller offered the price，He didn t say anything . but in the afternoon，the French buyer visiited again and accepted the morroon为什么？case Five case 55.our company made an offer with Italian buyer，which is valid before 10 th of this month . because of the post bureau s late in delivery，We have haveat this moment，we found the price of these goods on the market was rising，how can we do？Cassix盘柜66.company a made an offer a farm product to company b stating : pacing in sound bags 。within the validity，公司b replied“refer to your telex first accepted，packing in 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，公司b wrotecompany a argued that company b s 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。案件77.in 1996，a certain export company of China sent a group of business esman to The United States for purchase of equipment . in new York，Both partsafter going back to Beijing，The group found that The clients without their import of The equipment，And thus The contract was not signed And tthethe us side urged the Chinese side to perform the contract；otherwise they would lodge a claim with the Chinese side in the us。please analyze the case and give an opinion on how the Chinese export company was to deal with this case and why？盘柜eight盘柜88.a Chinese export company sent on June 1 an offer to a bussiness man living in Italy，Stipulating for the reply to reach them before June 10。the Italian bussiness man 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 do you think is the best way for the Chinese company to deal with this case？为什么？Chapter Two and Threegeneral procedures of export and import transactioncontracts for the international tradeAnalysis:案例研究1 the law of the United States of America apples to this contract because :(a)this was a cif contract；(b)the place of concexclusion 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 responsibility after he delivered the goods at the port of the USA .2.this contract was not concluded effectively。item 1 of article 19 of the CISG indicates，A reply to an offer which purports to be an acceptance but contains additions，limitations or otherIn this case，though Mr . Johnson accepted Mr . Anderson s offer，his acceptance contained some additions to and modification of the offerFor example，Anderson asked for tele graphic transfer ，Mr . Johnson sent the money to the bank to be kept there。according to item 3 of article 19 of the CISG，Alte