International Business Law CIF Contract Cases Help Me Solve 15

1.Company A's offer is an irrevocable offer with a period attached to the offer that "the offer is valid until 30 December";

2.The offer contains the name, ** and quantity of the goods, which is a valid offer, and the contract is formed when the acceptance is received.

3.Remedies for Seller's Breach of Contract.

1. Suspension of performance of the contract.

Article 71 (1) of the Convention provides that if there is a serious defect in the ability of the other party to perform its obligations or his creditworthiness after the conclusion of the contract; or if his conduct in preparation for the performance of the contract or in the performance of the contract indicates that he will not perform most of the obligations, a party may suspend the performance of the obligations.

2 Guarantee required.

Article 71 (3) of the Convention provides that: "A party suspending performance must notify the other party immediately before or after the shipment of the goods, and must continue to perform if the other party provides adequate assurances of performance." ”

3. Exercising the right to suspend service.

Article 71 (2) of the Convention provides that "if the seller has shipped the goods before the reasons set forth in the preceding paragraph become apparent, it may prevent the goods from being handed over to the buyer, even if the buyer is in possession of a document to which it is entitled to the goods". According to the foregoing, the right to stop shipment as a remedy is available only to the seller. However, the seller may not resort to other remedies that conflict with this remedy, such as avoidance of the contract, while exercising the right to suspend the operation.

At the same time, the Convention imposes an obligation on the seller to notify in a timely manner after exercising the right to stop.

4. Annulment of the contract (rescission of the contract).

Article 72 (1) of the Convention provides that "a party may avoid a contract if, before the date of performance of the contract, it becomes apparent that one party will be in fundamental breach of the contract". The term "fundamental breach of contract", in accordance with article 25 of the Convention, means that "a fundamental breach of contract occurs as a result of a breach by one party which causes the other party to suffer such damage as to effectively deprive him of what he is entitled to expect under the contract". There is no reason to foresee the consequences of such a consequence unless the breaching party did not foresee it and a reasonably qualified person was in the same situation".

1. The contract between AB companies is valid.

2. Company C bears joint and several guarantee liability. - Because Company C stated in the purchase and sale contract that "in the event that Company A cannot pay the purchase price of US$600,000 when due, Company C shall bear the obligation to pay the friend." That is, only when Company A cannot bear the payment liability, Company C will come out to bear the payment liability, which means that the mu is jointly and severally liable.

3. Company C has no right to refuse payment. - Because Company C promised to guarantee Company A, Company C could not refuse to pay when Company C was required to fulfill its promise.

4. If I were the leader of Company B, I would choose the second Zheng Sen style, that is, "Company C bears the guarantee liability for the payment of Company A". - Because the second option is a direct guarantee.

1. In accordance with the Contract Law of the People's Republic of China, the contract is established. The department store returned the commitment during the commitment period in accordance with the requirements of the glass company's offer, and although the packaging condition was added, it was not a material condition, and it was not a material change, and the contract was formed.

2. Judgment under "German law"? I do not understand the specific provisions of German law and cannot answer.

However, according to the laws of the People's Republic of China, the department store's claim should be upheld by the court, because the glass company violated the rights of the department store by entering into a contract with the handicraft company without the department store responding to the promise and the commitment period had not expired, and the contract should be invalid. Therefore, the court should rule that the contract between the glass company and the handicraft company is invalid, and the glass company should bear the liability for breach of contract, and should continue to perform according to the content of the contract, pay the goods, and pay 50,000 yuan in liquidated damages, and if the department store can prove the actual losses caused by the glass company's breach of contract during this period, the glass company should also bear the responsibility to compensate for the losses.

Hehe, it's you again:

1. In CIF terms, the main responsibilities and obligations of the seller: 1Responsible for delivering the goods in accordance with the contract to the ship destined for the named port of destination at the port of shipment within the date or period specified in the contract, and giving full notice;

2.Responsible for handling the export procedures of goods, obtaining export licenses or other approvals;

3.Responsible for chartering or booking the ship, and paying the freight to the port of destination;

4.Responsible for handling cargo transportation insurance and paying insurance premiums;

5.Responsible for all costs and risks incurred until the cargo crosses the ship's side at the port of shipment;

6.Responsible for providing commercial invoices, insurance policies and transport documents for the goods to be shipped to the agreed port of destination. If the buyer and seller agree to use the Telecommunications Agency, all documents may be replaced by electronic data interchange information with equal effect.

2. The main responsibilities and obligations of the buyer: 1Responsible for the payment of the price according to the contract;

2.Responsible for handling the import procedures of goods and obtaining import licenses or other approvals;

3.bear all costs and risks of the goods after they cross the ship's side at the port of shipment;

4.Receive the goods paid for by the seller in accordance with the contract and accept the documents in accordance with the contract.

Hope I can help get you, thanks.