信息的特征Case 1
[Case Description]:
One Chinese export enterprise made a firm offer to an Italian customer. The offer is subject to be replied before May 10th. On May 9th the Italian customer informed the Chinese export enterprise with express letter that the offer could be accepted. But the express was delayed by the express deliverer. Before the Chinese export enterprise received the express letter, they got news that the market price for the goods was going upward.
什么叫4k电视Question:
What should the Chinese export enterprise do in this situation?
Case 2
[Case Description]:
双球中奖规则Company C of China received an offer from Company D in Paris, France on date July 16th,
2009: “500 metric tones of tinplate, 545 U.S. dollars per metric ton CFR China port, shipment in August, with sight letter of credit, the offer’s opening day is within 20 days.”
四年级家长会班主任发言稿Company C replied on date 17th “If the unit price is 500 U.S. dollars CFR Chinese port, then we can accept 500 metric tones of tinplate, arbitration will be claimed in China in case of a contract dispute.” Company D replied: “The market is strong so the price can not be reduced, arbitration conditions is acceptable and reply ASAP.” At that time tinplate prices did trend up. On 19th Company C replied : “We’ve accepted the offer you sent on 16th and the L/C has opened by the Bank of China, please confirm it.”But the French Company had not identified it and returned the L/C.
Questions:
(1) Whether the contract was established, and why?
(2) Whether it’s Company C’s misplay?
Case 3
2．Company A from Britain offered Company B from Germany, in which Company A sold a batch of goods to Company B. Company B replied to Company A the next morning (May 6th) when he received the offer. When replying, Company B agreed to accept all the terms in the offer. But Company A found that after he sent out his offer, the price for the goods that he was going to sell was in the rise. So he telephoned Company B on the afternoon of May 7th, hoping to cancel the offer. On the morning of May 8th company A received Company B’s reply.
Question:
According to the CISG, is there any business relation between Company A and Company B?
中秋客户祝福短信Case 4
The offer made by a Chinese company to Company A was subject to Company A’s reply by April 10th. On April 9th, Company A made his reply to the Chinese company to accept
the offer by express mail. Because of the delay of the transfer, the Chinese company received the acceptance on April 11th. Before the Chinese company received the acceptance, they had got the news that the price of the goods would go upward.
Question:
What should the Chinese company do in this case?
I 判断题
1．一般地说，交易磋商有四个环节，其中达成交易不可缺少的两个基本环节和必经的法律步骤是询盘与接受。
三月初三是什么节日2．一项接受由于电讯部门的延误，发盘人收到此项接受时已超过该发盘的有效期，那么除非发盘人及时提出异议，该逾期接受有效，合同成立。
3．一项接受由于电讯部门的延误，发盘人收到此项接受时已超过该发盘的有效期 ，那么该逾期接受丧失接受效力，合同未成立
4．对外报货号10005柳筐500打，每打CIF伦敦4英镑，每5打一纸箱，11/12月装船，限8月10日复到。这是一项有效的发盘。
5．我某公司10月2日向美商发盘，以每打84．50美元CIF纽约的价格提供全棉男衬衫500打，限10月15日复到有效。该盘于10月7日抵达美商，10月8日我发现问题，向美商发传真要求撤销该发盘，该发盘不能撤销。
6．公司周一对外发盘，限周五复到，客户周二回电还盘，邀我电复，我未处理。但是，周四客户又来电接受我周一的发盘。则这笔交易达成。（× ）
7．公司对外发盘，国外的客户在发盘的有效期内回电接受，但在同一电文中要求将装运期提前一个月。这是有效接受。
8．还盘是对发盘的拒绝，还盘一经作出，原发盘即失去效力，发盘人不再受其约束。
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