International Business Law Short Answer Questions 5 5

Summary. Hello, you can answer a direction, not next to the computer, it is not easy to search for the law.

Asking for help, international business law case analysis questions, there are regulations and answers.

Hello, you can answer a direction, not next to the computer, it is not easy to search for the law.

Then please give me a direction for the answer, or tell me what I need to find for this law. We mainly need this law.

You say detailed questions.

I haven't seen a problem yet.

Case. 2. The sugar company of country A sent a telegram to the agricultural trading company of country B, requesting that it immediately send 100 to itself

Tons of sugarcane, the price FOB is 2500 yuan per ton, and the payment is made after the goods arrive. After receiving the telegram, the agricultural trading company immediately called back.

Say: Do it according to your opinion. After the farm was shipped, the sugarcane was shipped to the sugar company, which did not sign a letter between the parties.

Rejected on the grounds of face contract. Is the company's reasoning valid?

It cannot be established, the telegram is an invitation, the subject matter, quantity and unit price have been clarified, and the return call is a promise, and the contract has been established at this time. The test is an invitation and a promise, and the elements for the formation of a contract. You should go to the contract law of the Civil Code to find the law on invitations and promises.

Okay, thanks.

(1) The contract was not established, and GEC's return call was a counter-offer, i.e., a counter-offer, which made substantial changes to the original offer, and the contract was not formed before Daewoo made an undertaking.

2) Yes, Daewoo did not make a commitment to GEC's counter-offer to make material changes, the contract could not be formed and Daewoo could refuse to accept it.

Case 1: Unreasonable.

This is because the insurance does not cover the individual average caused by natural disasters. In this case, the loss of 1,000 bags of rice was caused by the partial loss of the cargo after the cargo ship ran aground during the operation, which was a separate sea average caused by an accident and was covered by Ping An Insurance.

Case 2] Unreasonable.

This is because the coverage of water damage insurance does not cover losses caused by external accidents. In this case, the loss of the goods was caused by a natural disaster, which was covered by water damage insurance and should be compensated.

(1) (1) The fax on August 1 is: Offer.

2) The call back on August 10 was: Counter-offer.

3) The pick-up notice on November 5 is: it is the pick-up notice.

4) The telex of November 8 reads: Offer refused.

5) The offer to conclude the contract is August 10 (call back).

6) The commitment to conclude the contract is November 8.

7) In (5), Company A's contract ** payable is US$800 per ton (at the time of the counter-offer).

ii) Variation to non-material variation, according to the Convention: "If, at the time of acceptance, the offeree makes certain non-material additions, limitations and changes to the contents of the offer (such as requesting an increase in the number of copies of the weight list, packing list, certificate of origin or certain documents), it may constitute a valid acceptance, unless the offeror expresses an objection to the difference in the period within a period of time without undue delay, in which case the terms of the contract shall prevail on the terms of the offer and the modifications proposed in the acceptance" Therefore, the contract is still standing. (Personal understanding, for reference only).

iv. (1) Does the Hague Rules require the carrier to fulfill its duty to make the ship seaworthy throughout the voyage? Why?

Be. Article 3 of the Hague Rules provides:1 The carrier shall exercise due diligence before and during the commencement of the voyage:

a) making the ship seaworthy;

b) Properly staffed and equipped ships and vessels;

c) To enable the holds, refrigerated tanks and other places of carriage of the ship to receive, transport and keep the cargo appropriately and safely.

2 Except in accordance with Article IV, the carrier shall properly and carefully load, unload, remove, stow, transport, keep, care for and unload the carry.

No, the carrier has not exercised due diligence to make the vessel seaworthy.