Part one
I. Answer the following questions according to the information you have got 1. What is international trade?
2. What are the major motivations for private firm to operate international business?
3. What is the most essential motive to pursue international trade?
4. What measures do most companies usually adopt to avoid wild swings in the sales and profits?
5. Pleas give the four major operation forms chosen by most companies. 6. What does balance of payments account mean?
7. What are the basic sources of international revenue and expenditure for most countries?
8.Could you find any difference between Direct Investment and Portofolio Investment? If you can, please tell the main reasons. 9. What is MNE? What are its synonyms?
10. Please give examples to explain “Services are earnings other than those from goods.”
11. What influences the international operational forms which a company will choose?
12. What limits a firm?s sales?
13. Why is merchandise exports and imports the firs type of foreign operations in which a firm gets involved?
14. What does “royalties” mean? 15. What is “franchising”?
II Match each one on the left with its correct meaning on the right 1. motivation A. to make continual efforts to gain sth.
2. pursue B. the action of obtaining, esp. by efforts of careful attention. 3. mark up C. which by is its nature can not be known by senses, not clear and certain, not real.
4. procurement D. the goods (freight) carried by a ship, plane or vehicle. 5. intangible E. the amount by which a price is raised. 6. cargo F. profit, interest.
7. royalty G. the net value of assets or interest, invest.
8. equity H. not needing other things or people, taking decisions alone. 9. yield I. a share of the profits. 10. independent J. need or purpose. 1. ( ) 2. ( ) 3. ( ) 4. ( ) 5.( ) 6. ( ) 7. ( ) 8. ( ) 9. ( ) 10. ( )
III Translate the following terms and phrases into Chinese; 1. purchasing power 11.recovery 2. sales potentials 12. recession 3. mark-up 13. portfolio investment 4. domestic markets 14. tangible goods
5. finished goods 15. visible exports and imports 6. profit margin 16. revenue and expenditure 7. market share 17. excess capacity
8. trade discrimination 18. trade intermediary 9. timing 19. turn-key operations
10. business cycles 20. licencing agreements IV Translate the following into English: 1. 贸易常被说成是发展的“引擎”。这个比喻虽然未免过于简单，但它的确说 明对外贸易在经济发展中的重要性。虽然出口的健康增长并不总是快速、持久的 经济增长的充分条件，但两者之间积极而密切的联系显然是不可否认的。贸易发 展对经济增长的作用表现在很多方面。其中：专业分工带来的利益；国际竞争对 国内经济效率的促进作用；提高对发展所需的进口商品的支付能力，而更为普遍 的是鼓励投资和企业家精神。
2. 国际贸易是一个国家生产的商品和劳务与另一个国家生产的商品和劳务
的交换。除了有形贸易，即商品和货物的进出口以外，还有无形贸易，这是指国 家之间劳务的交换。希腊和挪威等国拥有庞大的海运船队，提供运输服务，这是 无形贸易的一种。无形贸易对一些国家来说，就象原料和商品出口对其它一些国 家那样重要。在这两种情况下，这些国家都能赚到钱去购买其所需要的商品。 3. 国际间进行贸易的方式是多种多样的。包销是指卖方在特定地区和一定期 限内给与国外客户独家销售指定商品的权力的贸易方式。在这种交往中，商品由 包销商承购，自行销售，自负盈亏。这同只收取佣金的代理方式不同；也因为包 销商在特定地区享有专营权，而与一般买卖合同有别。
4. 世界上没有任何一个国家能生产它所需的所有产品，所以各国参与国际分 工，进行有效的生产和再生产。有时一个国家能够以易货方式从国外购买产品和 服务，易货是指以一种货物交换另一种货物，而不是用钱交易。易货贸易本身并 不不足以满足一个国家的进口需要。但作位一种贸易方式，它对于外汇短缺、外 资流入远远无法满足外贸需求的发展中国家来说具有一定的吸引力。 Key
I. Answer my questions
1. International trade is business whose activities involve the crossing of national borders. It includes not only international trade and foreign manufacturing but also encompasses the growing services industry in areas such as transportation, tourism, banking, advertising, construction, retailing, wholesaling, and mass communications. It includes all business transactions that involve two or more countries. Such business relationship may be private or governmental.
2. Sales expansion, resource acquisition and diversification of sales and supplies. 3. To gain profit.
4. To seej out foreign markets and procurement.
5. There are four major forms which are the following:
Merchandise exports and Imports, Service Exports and Imports, Investment and Multinational Enterprise.
6. It is the account which is a summary statement of the flow of all international economic and financial transactions between one nation (eg.the United States ) and the rest of the world over some period of time, usually one year.
7. Merchandise Exporting and Importing.
8. Yes. There are great differences between them.
1) direct investment takes place when control follows the investment. It usually means high commitment of capital, personnel, and technology abroad. It aims at gaining of foreign resources and foreign markets. Direct investment may often get higher foreign sales than exporting. And sometimes it involves two or more parties. 2) While portfolio investments are not under control. And they are used primarily for financial purposes. Treasures of companies, for example, routinely more funds from one country to another to get a higher yield on short term investments.
9. MNE is the abbreviation of the multinational enterprise. Its synonyms are NNC (the multinational corporation) and TNC (transnational corporation). 10. Examples are travel, transport, fee, royalties, dividends and interest. 11. The choice of forms is influenced by the objective being pursued and the environments in which the company must operate.
12. It is limited by the number of people interested in a firm?s products and services and by customers? capacity to make purchase.
13. This is because at an early stage of international involvement these operations usually take the least commitment and least risk of a firm?s resources.
14. Royalties means the payment for use of assets from abroad, such as for
trademarks patens, copyrights, or other expertise under contract known as licencing agreements.Royalties are also paid franchising.
15. It is a way of doing business in which one party (the franchiser) the use of a trademark that is an essential asset for the franchisers? business. II Match each one on the left with its correct meaning on the right 1. J 2.A 3.E 4.B 5.C 6.D 7.I 8.G 9.F 10.H
III Translate the following terms and phrases into Chinese 1 购买力 11 经济复苏；恢复 2 潜在销售量 12 经济衰退 3 加价，涨价 13 间接投资 4 国内市场 14 有形货物 5 制成品 15 有形进出口
6 边际利润 16 收入及支出；岁入及岁出 7 市场占有率 17 超额能力
8 贸易歧视 18 贸易中间人（商）；经纪人 9 时机选择 19 全部包建的工程承包方式 10 经销周期 20 许可证协定
IV Translate the following into English
1. Trade is often the ?engine? of growth. However oversimplified this metaphor may be, it does serve to underline the importance of foreign trade in the process of growth. A healthy expansion of exports may not always be sufficient condition for rapid and sustained growth, but a strong positive association between the two is clearly undeniable. Trade expansion contributes to economic growth in many ways. Among them are the benefits of specialization; the favorable effects of international competition on domestic economic efficiency; the increased capacity to pay for the
imports required in development and more generally the stimulus to investment. 2. International trade is the exchange of goods and services produced in one
country for goods and services produced in another country. In addition to visible trade, which involves the import and export of goods and merchandise, there is also invisible trade, which involves the exchange of services between nations. Nations such as Greece and Norway have large maritime fleets and provide transportation service. This is a kind of invisible trade. Invisible trade can be as important to some nations as the export of raw materials or commodities is to others. In both cases, the nations earn the money to buy necessities.
3. There exist different ways of conducting international business. Exclusive sale means the seller gives the overseas client the exclusive right of selling a particular product in a designated area within a specified period of time. In this kind of business transaction, the product is bought by the exclusive seller and therefore he should sell the product by himself, assuming sole responsibilities for his profit and loss. Exclusive sale is different from agency where only commission is involved. And difference exists between general contract and exclusive sales because the exclusive seller enjoys exclusive right in a particular area.
4. There is no country in the world that can produce all the products it needs. Thus countries join in international division of labor for effective production and reproduction. Sometimes a country can buy goods and services from abroad on a barter basis. Barter means doing business by exchanging goods of one sort for goods of another sort without using money. Barter trade itself is not enough to meat a country?s import needs. But as a form of international trade, it is still attractive in developing countries where foreign exchange is in short supply and inflow of foreign funds is far from sufficient to meet their obligations in external trade.
Part Two
1. Answer the following questions
1). Please tell us what the procedures of international trade.
2). What are the parties involved in export and import transaction? 3). What the specialists involved in export and import transaction? 4). What are the documents needed in export and import transaction? 2. Filling the blanks with the suitable words in the text:
1) What is marketing? Marketing is the creative process of ___ customer needs profitably.
2) In Britain an intermediary called a commission ____ or export commission house acts on behalf of the ____ importers.
3) Agents are paid ____ on the amount of goods purchased.
4) An agent may receive goods in his ____ name, and stock them in anticipation of sale.
5) A few shares for assistance in ____ up the company will be issued. We?ll issue some founder?s shares.
6) We have developed an excellent product and obtained from the government the sole right to manufacture and sell it. We have obtained____.
7) When our production and marketing expenses have been paid, we hope to have quite a lot of money left over as earnings. We expect to make good ____. 8) We had to find other people through whom to make sales. We had to find other sales____.
9) The licensee wanted us to invest some money with him in a new company. He wanted to set up a ____ with us.
10) We used to have smaller part of our company located abroad, but we don?t now. We have no ____ abroad.
III.Translate the followings into English
1). 经济活动开始于洞穴人。洞穴人在经济上自给自足，自己打猎，自己寻
找住所，并为自己提供所需要的东西。随着原始人口的增长和发展，出现了分工 的原则。一个人从事某项活动，比另一个人能力强，于是每个人都集中力量做自 己最擅长的工作。有的人打猎，有的人捕鱼，然后猎人把剩余的猎物卖给打鱼的 人，因此，每个人都可吃上各种各样的食物。
在当今复杂的经济里，任何人或国家都不能做到自给自足。国家拥不同的经 济资源，人们学会了不同的技术。这就是国际贸易和经济发展活动的基础。 对外贸易是国家之间的货物交换，它的产生有许多原因。第一，原材料分散 在世界各地秘鲁和扎尹尔大量开采铜矿，南非开采钻石，石油则产在中东。在自 己国界内没有这些资源的国家，就必须从出口国购买。
第二，对外贸易的产生，还由于一个国家所拥有的某种产品不足以满足本国 的需求。虽然美国是个主要产糖国，但是由于糖的消费量大于国内的生产量，因 此，还必须进口。
第三，一个国家可以按低于其它国家的价格出售某些产品。因为，日本大生 产效率高于其他国家，所以就能够出口大量收音机和电视机。对美国来说，购进 这些产品比在国内生产还要便宜。
最后，对外贸易的出现还由于革稀新和式样。虽然美国生产的汽车比其他任 何一个国家多，但是仍然从德国，日本和瑞典进口大量汽车，这主要是因为美国 对这些国家生产的汽车有销路。
2). 世界各国从时的贸易千差万别，错综复杂，有形贸易和无形贸易并存。 大多数国家对出口的依赖，都大于对其他活动的依赖。出口所赚取的外汇用来支 付需要进口的货物。一个国家的国际收支就是这些错综复杂交易的记录。通过用 货币来反映所有这些交易， 一个国家能够把比如出口，外国游客这的花费和移 民汇款的手如汇总在一起。这些收入汇总起来， 便可支付诸如购买其他国家的 制成品，本国居民到其他国家旅游和雇用建筑工人的费用等。 Key:
I. Answer the following questions (Omited)
II. Filling the blanks with the suitable words in the text:
1.meeting/satisfying; 2.agent, foreign/overseas; 3.commission; 4.own; 5.setting; 6.patent; 7.profits; 8.outlets; 9.joint, venture; 10.subsidiary III.Translate the followings into English
1). Economic activity began with the cavemen, who was economically
self-sufficient. He did his own hunting, found his own shelter, and provided for his own needs. As primitive populations grew and developed, the principle of division of labor evolved. One person was more able to perform some activity than another, and therefore each person concentrated on what he did best. While one hunted, another fished. The hunter then traded his surplus to the fisherman, and each benefited from the variety of diet.
In today?s complex economic world, neither individuals nor nations are
self-sufficient nations are self-sufficient. Nations have utilized different economic resources; people have developed different skills. This is the foundation of international trade and economic activities.
Foreign trade, the exchange of goods between nations, takes place for many
reasons. The first, as mentioned above, is that no nation has all of the commodities than it needs. Raw materials are scattered around the world. Large deposits of copper are mined in Peru and Zaire, diamonds are mined in South Africa, and petroleum is recovered in Middle East. Countries that do not have these resources within their own boundaries must buy from countries that export them.
Foreign trade also occurs because a country often does not have enough of a
particular item to meet its needs. Although the United States is a major producer of sugar, it consumes more than it can produce internally and thus must import sugar. Third, one nation can sell some items at a lower cost than other countries. Japan has been able to export large quantities of radios and television sets because it can produce them more efficiently than other countries. It is cheaper for the United States to buy these from Japan than to produce them domestically.
Finally, foreign trade takes place because of innovation or style. Even though the United States produces more automobiles than any other country, it still imports large quantities of autos from Germany, Japan and Sweden, primarily because there is a market for them in the United States.
2). The different kinds of trade nations engaged in are varied and complex, a
mixture of visible and invisible trade. Most nations are more dependent on exports than on any other activity. The earnings from exports pay for the imports that they need and want. A nation?s balance of payment is a record of these complex
transactions. By reflecting all of these transactions in monetary terms , a nation is able to combine the income it receives, for example, from exports, tourists expenditures, and immigrant remittances. This combined incomes is then spent on such items as manufactured goods from other countries, travel for its citizens to other countries, and the hiring of construction engineers.
Part Three
I. Translate the followings from Chinese into English: 1 支付方式 2 书面合同 3 合同的执行 4 销售合同 5 购货确认书 6 交易条件
7 贸易伙伴 8 合同的构成 9 贸易协定 10 寄售合同 11 合同正文 12 合同延期 13 合同缔约方 14 特约条款 15 一般条款
II. Answer the following questions in English:
1 What is the definition for contract? What may happen if any party fail to fulfill his contractual obligations?
2 What are the two parties of business negotiations? And give examples as you can. 3 Why do the trading parties usually prefer a written contract? What is the difference between a sales contract and a sales(purchase) confirmation? 4 What does the setting up of a contract generally contain? 5 What does the contract proper usually include? III. Translate the following into Chinese:
The contract is based on agreement, which is the result of business negotiation. There are two types of business negotiations: oral and written. The former refers to the direct discussion conducted at trade fairs or by sending trade groups abroad or by inviting foreign customers. Business discussions through international trunk calss are also included in this category. IV. Case Studies
(1) Mr. Smith, an American businessman, sold a batch of IBM computers to a
Hong Kong importer, Mr. Chen. The sales contract was concluded in the United States of America on the terms of CIF Hong Kong. During execution of this contract,
disputes arose between the seller and the buyer on the form and interpretation of the contract对合同的形式和解释发生争议, In such a case, did the law of the U.S.A. or the law of Hong Kong apply to the disputes?该争议适用?法律 Why? (2) Mr. Anderson intended to sell a plane to Mr. Johnson. In his cable, Mr. Anderson offered: \
telegraphic transfer.\your plane, terms and conditions same as your cable. I've sent the 5,000 pounds to your Account Bank who keeps your money on your behalf until delivery of the plane. Please confirm delivery within 30 days from the date of this cable.\did not reply and sold the plane to another buyer at a much higher price.
Disagreements occurred between the two parties about whether the contract was concluded effectively. In such a case, was the contract concluded? Why? Key
I. Translate the followings from Chinese into English: 1 terms of payment 2 written form of contract 3 execution of the contract 4 sales contract 5 purchase confirmation 6 terms of transaction 7 trading partners 8 the setting up of a contract 9 trade agreement 10 consignment contract
11 the contract proper 12 extension of the contract 13 the contracting parties 14 special clause
15 general terms and conditions
II. Answer the following questions in English:
1 A contract is an agreement which sets forth bind obligations of the relevant
parties. And any part that fails to fulfill his contractual obligations may be sued and forced to make compensation.
2 There are two parties of business contract negotiations: oral and written. The former refers to direct discussions abroad; written negotiations often begin with enquiries made by the buyers.
3 A written contract is generally prepared and signed as the proof of the agreement and as the basis for its execution. A sales or purchase confirmation is less detailed than a contract, covering only the essential terms of the transaction. It is usually used for smaller deals or between familiar trade partners.
4 The setting up of a contract is similar to that of a trade agreement or any other type of formal agreements. It generally contains: 1) the title. The type of the contract is indicated in the title; 2) the contract proper. It is the main part of a contract; 3) the signature of the contracting parties indicating their status as the seller or the buyer; 4) the stipulations on the back of the contract and are equally binding upon the contracting parties.
5 It generally contains the time of shipment, the mode of payment described in addition to an exact description of the goods including the quantity, quality,
specifications, packing methods, insurance, commodity inspection, claims, arbitration and force majeure, etc.
III. Translate the following into Chinese:
合同是在双方达成协议的基础上制定的，而协议又是双方进行商务谈判的结 果。商务谈判有口头谈判和书面谈判两种形式。口头谈判是通过参加商品交易会， 派遣贸易小组，出国或邀请客户本国进行的面对面讨论，而通过国际长途电话所 进行的商务讨论也属于口头谈判。 IV. Case Study
1 The law of the United States of America applies to this contract because: (a)
this was a CIF contract; (b) the place of conclusion of the contract was in the USA; (c)
the place of the execution of the contract was also in the USA. The seller completed this responsibilities 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, \
additions, limitations or other modifications is a rejection to the offer and constitutes a counter-offer.
In this case, though Mr. Johnson accepted Mr. Anderson's offer, his acceptance contained some additions to and modifications of the offer; for example, Mr.
Anderson asked for \be kept there. According to Item 3 of Article 19 of the CISG, alteration to the mode of payment is material one, thus Mr. Johnson might keep silent and reject the acceptance.
Part Four
I. Please illustrate the 4 groups of the Incoterms 2000
II. True or False. For the false statement, please state the specific reasons. 1) Price terms are mainly applied to determining the prices of commodities in international trade. ( )
2) Warsaw-Oxford Rules clearly explain the thirteen kinds of trade terms in current use. ( )
3) As an exporter, you concluded a deal with an American on basis of EXW; then your transaction risk is reduced the minimum degree. ( )
4) According to the interpretation of the Revised American Foreign Trade Definition, FAS is suitable for all kinds of transportation. ( )
5) On CIP terms, the seller must pay the freight rate and insurance premium as well as bear all the risks until the goods have arrived at the destination. ( )
6) Des means that the seller must deliver the goods to the buyer at the destination on his own charges and at his own risks. ( )
7) If you have signed a contract with a Japanese buyer on the basis of FOBST, you must be responsible for stowing and trimming the goods at your own expense. ( )
8) CFR Landed in indicate that the seller must guarantee the arrival of the goods at the destination without any damage. ( )
9) The main difference between a CIF contract and a DES contract lies in the fact that former is a symbolic delivery of goods, whereas the latter is a physical delivery of goods. ( )
10) The common feature of an FOB contract and an FAS contract is that the seller must load the goods on a named ship. ( )
III. Suppose you are an exporter and your business place is in China; you judge if the following statements are correct or not and give your reasons.
1) Offer 1,000 bales of Cotton Price Goods at USD 150 per bale FOB New York.
2) We accept your offer for 500 paper cases of Chinese Black Tea at USD 400 per case CIF Shanghai.
3) Your order for Bitter Apricot Kernels at USD 15 per kilo CPT Liverpool has already been delivered.
4) We appreciate your quotation for DD Raincoats at USD 100 per dozen CIP
Gunagzhou, but the price is rather on the high side.
5) Your counter-offer for Fairy Brand Leather Shoes at CAND 50 per pair CFRC2 Vancouver has been well received.
6) We shall execute as soon as possible your order for 1,000 sets of Flying Fish Typewriters at USD 30 per set FCA Beijing.
7) We confirm having sold to you 2,000 dozen Pillow Cases at French Francs 50 per dozen FOB Marserlles.
8) Referring to your enquiry of July 15, we quote as follows: Sharp Vacuum Cleaner 500 sets USD 120 per set.
9) We offer Chinese Tin Plate (马口铁) DDP Shanghai Reply here July 10th. 10) Our Sales Confirmation No. 9405 for 1,000 Sewing Machines at USD 45 CIF Hong Kong is being airmailed today.
IV. Translate into English the Chinese in the parentheses with given English word or phrase.
1) As the risks and obligations involved on CIF terms, __________(请参考 《国际贸易术语解释通则》1990 年版)。 （refer to）
2) As our business is concluded on the basis of CFR, _________ (按照 Incoterms 的规定，你方必须将货物装上船)。 (in accordance with)
3) __________ (关于贵方6 月5 日交到的货)， we are pleased to inform you that we have today remitted USD15,000 by a promissory note issued by us payable not later than 15 days after its issuance. (in reference to; consignment)
4) Thank you for your order, which we wish to execute at once, _________ (但是我们做生意的宗旨，不论新旧客户一律交现金)。 (on cash payment)
5) However, in view of your long patronage, we propose _________ (双方 各让一步，并给你方10%的折扣)。 We trust to have you appreciation of our doing so. (meet halfway).
6) Thank you for your cable of June 5. Please let us know by return of cable _________ (下列货物在Liverpoop 船上交货FOB 的最低价格)。 (lowest FOB)
7) _________ (价格有变动，不另行通知)。Please confirm when placing your order and refer to the catalogue Model Number and specifications concerning design and capacity. (subject to)
8) _________ (因为这是大定单， 希望你方照表列价格打5%的特别折 扣)。If our request is agreeable, we will be most anxious to place an order with you.
9) _________ (由于市场价格经常变动，要保持价格一星期有效是不可能 的)。Therefore, they are subject to change without notice and without engagement. (keep the prices open)
10) We are pleased to _________ (接到贵方７月１５日电报报价，样品号 1302 衬衫300 打，到纽约运费、保险费在内价，每打35 美元) for immediate shipment. (cable offer) V. Case study
1) A Chinese import and export company concluded a Sales Contract with a Holland firm on August 5, 2000, selling a batch of certain commodity. The contract was based on CIF Rotterdam at USD 2500 per metric ton. The Chinese company delivered the goods in compliance with the contract and obtained a clean-on-board Bill of Lading. During transportation, however, 100 metric tons of the goods got lost because of rough sea. Upon arrival of the goods, the price of the contracted goods went down quickly. The buyer refused to take delivery of the goods and effect payment and claimed damages from the seller. How would you deal with this case?
2) A Chinese trading company E concluded a transaction in steel with a Hong Kong company A on the basis of FOB China Port. Company W
immediately resold the steel to Company H in Libya on the terms of CFR Liberia. The L/C form W required the price terms to be FOB China Port and the goods to be directly delivered to Liberia. The L/C also required “Freight Prepaid” to be indicated on Bill of Lading. Why did Company W perform so? What should we do about it? Keys
I (Omited)
II 1) F. Price terms, or trade terms, are used to indicated the different liabilities, cost and risks of the buyer and the seller.
2) F. Warsaw-Oxford rules specialize in explaining CIF contracts. 3) T. 4) T.
5) F. On CIP terms the seller?s responsibilities end when he hands over the goods to the carrier at the place of shipment, although he has to pay the freight rate and insurance premium. 6) T. 7) T.
8) F. By CFR Landed is meant that the seller pays for unloading the goods at the port of discharge. 9) T.
10) F. On FAS terms the seller needs only to put the goods within the reach of the ship?s tackle. He is not responsible for loading the goods on board. III. Judgment
a) Incorrect. On FOB terms the seller?s responsibilities end when he delivers the goods at the port of shipment, that is, at one of the ports in China.
b) Incorrect. On CIF terms the seller pays for transportation and insurance till the goods reach the destination; the terms should be followed by the port of destination. c) Correct.
d) Incorrect. On CIP terms the seller pays for transportation and insurance till the goods reach the destination; the terms should be followed by the port of destination.
e) Correct. f) Correct.
g) Incorrect. On FOB terms the seller?s responsibilities end when he delivers the goods at the port of shipment, that is, at one of the ports in China.
h) Incorrect. On DES terms the seller must put the goods under the actual control of the buyer at the port destination; a port of destination should be attached to DES.
i) Incorrect. On DDP terms the seller must physically deliver the goods to the buyer at a named place in the import country, that is, a named place of destination should be added to DDP terms. j) Correct. IV. Translation
1) please refer to INCOTERMs (19900
2) you must load the goods on board in accordance with the stipulations of the INCOTERMS
3) In reference to the consignment of June 5
4) but our business is on cash payment whether the customs are new or old 5) meeting each other halfway and allowing you a 10% discount 6) the lowest FOB Liverpool prices of the following articles. 7) Our prices are subject to change without notice
8) As this is a big order, we hope you can make a 5% discount off the list price 9) Because of the frequent change of the market prices, it is not possible for us to keep the prices open for a whole week
10) to receive your cable offer of July 15 for 300 dozen shirts of sample No.1302 CIF New York at USD 35 per dozen V. Case Study
1) It was not right for the buyer not to take delivery of the goods. In this case, the contract concluded between the seller and the buyer was on CIF terms, according to which, the seller?s responsibilities ended when he loaded the goods on board the ship and paid the freight and insurance premium; the risk separation was the side of the ship; that is to say, the risks were transferred to the buyer or the other parties concerned after the seller put the goods on board the ship. Since the documents presented by the seller were right and proper, the seller could directly get paid form the Issuing Bank of the L/C.
However, part of the goods got lost because of rough sea. Does this mean
that the buyer suffered loss? It is definitely not the case because there are other two sub-contracts existing on CIF terms-I/P and Bill of Lading. In this case the buyer could claim damages with the insurance company, but he had to take delivery of the goods. Obviously, the actual reason for the buyer?s refusal to accept the goods in this case was that the prices of the goods were going down. This is, certainly, unjustified.
2) In this case the contract was concluded between Company E and Company W on FOB term, according to which the seller (Company E) ended his
responsibilities when he delivered the goods on board the ship at the port of shipment. He did not need to pay for transportation of the goods or the insurance premium. Therefore, it was not right for W to ask E to pay the
freight and indicate “Freight Repaid” on the Bill of Lading. The reason why W asked E to do that might be that he wanted to transfer the freight charges to E. However, in practical dealings, foreign trade companies often come
across such situations, especially when a contract is concluded with an agent, who wants to resells the goods. In this case, E might comply with W?s request, but he had to indicated that the freight should be borne by W.
Part Five
I. Give the Chinese equivalents for the following English terms: 1 intrinsic attribute _____ 2 luster, modeling, structure 3 endurability 4 marketability 5 social attributes
6 disinfected__________________________________________ 7 serviceability
8 hygiene ________
9 specifications_________________________________________ 10 aquatic products ____________ 11 transnational corporation ___
12 life of quality assurance ________________
II. Two columns are given for you to decide which method is best suited for a certain commodity. Please match them. ( )1 mineral ore A. sample
( )2 ordinary garments B. manual ( )3 fish C. F.A.Q
( )4 Haier washing machines D. G.M.Q. ( )5 medical apparatus E. famous brand ( )6 wheat F. specification
( )7 calligraphic works G. origin
( )8 power plant generator H. drawing or diagram III. 单项选择题
1、 根据《2000 年通则》的解释，FOB 术语只适用于（） A.海运 B.内河运输
C.铁路运输 D.海运和内河运输
2、 在工厂交货条件下，办理货物出口手续的责任在（） A.买方 B.卖方 C.承运人 D.海关
3、 如果采用滚装船或集装箱运输时，则应采用（）
A.FCA 贸易术语 B. FOB 贸易术语 C.CIF 贸易术语 D.CFR 贸易术语
4、 一般情况下，采用FCA 条件时合同订立应（） A.由买方订立，卖方付费 B.买方自费订立 C.由卖方订立，买方付费 D.卖方自费订立 5、《通则》规定，FCA 条件下，卖方办理出口许可证时应（） A． 自负费用，风险由买方承担 B． 由买方负担风险、费用 C． 与买方协商风险、费用划分 D． 自负风险、费用
6、按《通则》解释，采用FCA 条件成交时，风险转移标志为（） A.货到目的港 B.货交买方
C.货交承运人 D.运输代理人承担
7、FCA 条件下，整车货采用铁路运输时，交货完成条件为（） A． 卖方将货交给铁路收货站 B． 卖方将货装入铁路提供的车辆
C． 卖方将已装货车交付铁路或其代表人 D． 卖方将货物装入货车
8、海运情况下，货物构成一个集装箱整箱货可表示为（） A.ECL B.LCL C.PCL D.FCL
9、下列各项有关FCA 表述正确的是（） A.不适于多式联运方式 B.卖方承担装运费 C.风险转移时间可前移 D.卖方不提供交货凭证
10、下列各项中，属于买方在FCA 条件下基本义务的是（） A.办理出口许可证 B.承担货物受领前风险 C.向卖方提供承运人名称 D.提交商业发票
12、FCA 条件下，当买方要求卖方代为订立运输合同时，卖方（） A． 应拒绝，因为违反国际惯例 B． 可以应允，但需自负风险、费用
C． 可以拒绝，但须通知买方 D.不可拒绝
13、下列各项中，按FOB 成交卖方需负责的有（） A.装船时货物跌落码头 B.未能租船订舱
C.装船后至启航前发生损失 D.运输途中发生风险 14、CFR 术语的变形是为了解决（） A.装运费用负担问题 B.卸货费用负担问题 C.交货地点问题 D.风险划分问题 15、《美国对外贸易协定》中，有关CIF 的下列叙述错误的是（） A． 双方明确投保水渍险或平安险及其他特定行业应保险别 B． 战争险由卖方自费投保
C． 战争险由卖方代为投保 D.战争险可由买方自行投保
16、按《通则》解释，与CPT 相比，CIP 条件下卖方需多提交的有（） A.运输单据 B.有关商业发票及电子单证 C.保险单据 D.出口许可证
17、一般情况下，按FCA 成交卖方承担装货费用的有（） A.空运 B.海运中处于LCL 状态的货物运输
C.未指定运输方式 D.内河运输装货在卖方所在地进行
18、FOB 条件下，DeadFreight 和Demurrage 分别表示（） A.空舱费、仓储费 B.空舱费、滞期费 C.滞期费、仓储费 D.仓储费、滞期费
19、FOB 条件下，买方未经卖方同意提前派船到港，则卖方（） A． 有权拒绝交货，但需承担空舱费 B． 无权拒绝交货，但可索赔
C． 有权拒绝交货，不承担空舱费 D． 必须马上交货
20、下列各项中有关CFR 叙述错误的是（） A.全文是CostandFreight B.又称运费在内价
C.水上运输保险由卖方负责 D.卖方负责租船订舱 21、《通则》规定，CFR 条件下卸货时可能形成的驳船费（） A.由买方负担 B.由卖方负担
C.CFRLanded 条件下买方负担 D.CFRExTackle 条件下买方负担 22、一般情况下，CIF 条件下不需卖方自费负担的是（） A.水上运输保险 B.运输单据 C.保险单据 D.进口许可证
23、CIFExTackle 条件下，不需买方负担的费用是（） A.水上运输保险费 B.卸货费 C.驳船费 D.码头费
24、下列不能描述CPT 与CFR 相同点的是（） A． 卖方风险随交货义务完成转移 B． 卖方负责办理出口结关手续
C． 卖方负责交货地点至目的地正常运费 D． 卖方保证按时到货
25、CIP 和CIF 区别产生的主要原因是（） A.交货地点不同 B.风险划分界限不同 C.承保险别不同 D.运输方式不同
26、朝鲜某公司需以管道运输方式从我国进口石油，可采用（） A.FAS B.CIP C.DEQ D.CIF IV. 多项选择题
1、般情况下，采用FCA 时有关运输契约叙述正确的有（） A. 买方自费订立 B.买方订立，卖方负担费用 C. 卖方自费订立 D.承运人订立
E． 买卖双方协商后，卖方订立，费用由买方承担 2、 FCA 成交，卖方完成交货的条件（） A． 在规定时间、地点把货物交给承运人 B． 办理出口手续 C.自费订立运输合同 D.办理运输保险 E.提供交货凭证
3、FCA 条件下，买方负担费用有（）
A. 货交承运人
B. 买方委托卖方代办事项产生费用 C. 买方过失所引起额外费用 D. 卖方提供交货凭证费用 . E. 卖方申请出口许可证费用
4、一般情况下，卖方办理货物出口手续的有（） A、EXW B、FAS C、FOB D、FCA E、CFR
5、按《通则》解释，FOB 术语适用于（） A、海运 B、管道运输
C、内河运输 D、滚装船运输 E、集装箱运输 6、《通则》中以装运港船舷作为划分风险界限的术语有（） A、FOB B、CIF C、FAS D、CFR E、DDP 7、《通则》规定，与FOB 相比CFR 条件下卖方需另外承担的费用有（） A、取得出口许可证所需费用 B、与船方订立运输契约所需费用 C、有装运港至目的港运费 D、保险费用
E、定期班轮公司订约时收取的卸货费用 8、《通则》中FOB 的变形可分为（） A、班轮条件 B、船底交接 C、平舱费在内 D、理舱费在内 E、吊钩下交货 9、《1941 年美国对外贸易定义修订本》中将FOB 概括为六种，其中（） A、前三种是在进口国内指定地点的内陆运输工具上交货 B、前三种是在出口国内指定地点的内陆运输工具上交货 C、第四种是在进口运输工具上交货 D、第五种是在装运港船上交货
E、第六种是在出口国指定内陆地点交货
10、下列对CIF 的解释属于《通则》规定的有（） A、卖方只须投保最低的险别 B、卖方负责投保战争险
C、应买方要求，卖方可代为加保战争、罢工、暴乱和民变险 D、买卖双方应共同明确投保水渍险或平安险及其他险别 E、卖方应按特定行业惯例办理投保手续
11、按《通则》解释，下述各项对CFR 对买卖双方义务表述正确的有（） A、买方与船方订立运输契约
B、卖方负责定期班轮公司在订约时收取的卸货费用 C、货物在装船时越过船舷后风险由买方承担
D、卖方负责办理从装运港至目的港的海运货物保险
E、卖方负责与承运人和保险人分别订立契约 12、按CIP 成交，对投保表述正确的有（） A、一般情况下，卖方按双方约定的险别投保 B、卖方应加保战争、罢工、暴乱及民变险 C、卖方投保属代办性质 D、可采用任一货币投保
E、保险金额一般是在合同价格的基础上加成15％办理 13、按CIP 成交，属于卖方义务的有（） A、卸货费和进口税捐
B、采用多式联运时支付给第一承运人运费 C、采用多式联运需支付的全程运费 D、货物运输过程中的保险费用
E、在合同规定的装运期内将货物交给承运人 14、下列有关象征性交货叙述正确的有（） A、其英文为PhysicaDelivery
B、卖方履行交单义务后，不必履行交货义务 C、卖方须向买方提交有关单据，如物权凭证
D、卖方按期完成装运并提交合同规定全套合格单据，就算完成交货义务 15、与FCA 相比，CIP 条件下卖方需多承担的费用有（） A、装运港至目的地有关运费 B、保险费用 C、装货费 D、卸货费用 E、进口税捐 16、按《通则》，卸货费用由买方承担的有（） A、CFRLinerTerms B、CFRLanded
C、CFRExship'sHold D、CIFExship'sHold E、FOBST V. 案例分析
1、某公司以FOB 条件出口一批茶具，买方要求公司代为租船，费用由买方负担。
由于公司在约定日期无法租到合适的船，且买方不同意更换条件，以致延误了装 运期，买方以此为由提出撤销合同，问买方的要求是否合理？
2、我方按CIF 条件进口一批床单，货物抵达我方后发现床单在运输途中部分受 潮，而卖方已如期向我方提交了合同规定的全套合格单据并要求我方支付货款。 问我方是否能以所交货物受潮而拒付货款或向卖方提出索赔？
3、英国某公司以CFR 条件进口一批大豆，在约定日期未收到卖方的装船通知， 却收到卖方要求该公司支付货款的单据。过后我方接到货物，经检验部分货物在 运输途中因海上风险而丢失。问该公司应如何处理？
4、某公司以CPT 条件出口一批冬装，公司按期将货物交给指定承运人，但运输 途中由于天气原因延期一个月，错过了销售季节，买方由此向该公司提出索赔。 问此项损失应由谁承担？
5、我方按CIP 条件进口10 顿化肥，先经上海运输，抵达目的港后转为铁路运输，
我方受领货物后，卖方要求我方支付货款和铁路运费，请问卖方行为是否合理？ Key:
I. Give the Chinese equivalents for the following English terms: 1 本身所具有的特性 2 光泽、造型、结构 3 耐用性 4 可销售性 5 社会属 6 消毒 7 适用性 8 卫生 9 规格 10 水产品
11 跨国公司 12 保证生活质量
II. Two columns are given for you to decide which method is best suited for a certain commodity. Please match them. 1 A , 2 C, 3 D, 4 E, 5 B, 6 G, 7 F, 8 H III. 单项选择题
1.D 2.A 3.A 4.B 5.D 6.C 7.A
8.C 9.D 10.C 11.C 12.C 13.A 14.B 15.B 16.C 17.D 18.B 19.C 20.C 21.D 22.D 23.A 24.A 25.D 26.B IV. 多项选择题
1.AE 2.ABE 3.ABC 4.CDE 5.AC 6.ABD 7.BCE 8.ACDE 9.BD 10.AC 11.BC 12.AC 13.BCDE 14.CD 15.AB 16.CDE 17.ABCDE V. 案例分析
1、答：买方的要求不尽合理。理由如下：
采用FOB 术语成交，一般由买方负责租船订舱。卖方可以接受卖方的委托代为 租船订舱，但卖方不承担租不到船的责任和风险。就此案例来说，因公司代为租 船没有租到，买方又不同意更换条件，因此，该公司不承担因自己未租到船而延 误装运的责任，买方也不能因此提出撤消合同。所以，买方的要求不合理，责任 和风险应该由买方自己承担。
2、答：我方不能因床单受潮而拒付货款，也不能向卖方提出索赔。理由如下： （1）采用CIF 术语成交时，属于象征性交货，卖方是凭单交货，买方是凭单付 款，只要卖方如期向买方提交了合同规定的全套合格单据，即使货物在运输途中 损坏或灭失，买方也必须旅行付款义务。反之，如果卖方提交的单据不符合要求， 即使货物完好无损地运达目的地，买方仍有权拒付货款。就此案例而言，卖方提 交了全套合格单据，我方应支付货款。
（2）在CIF 条件下，买卖双方风险转移界限以船舷为界。货物越过船舷后的风 险应由买方负担。就本案例可以看出，货物越过船舷之前是完好的，因此卖方不 承担风险。我方据此不能向卖方提出索赔，可依据所投险别向保险公司提出索赔。 3、答：该公司可向卖方提出索赔。理由如下：
按CFR 条件成交时，尽管货物在海运途中的风险已转移给买方，但买方为降低 自己的风险可办理货运保险，这取决于卖方是否及时向买方发出装运通知。据惯 例解释，如果卖方未及时向买方发出装运通知，导致买方未能及时办理保险手续，
由此引起的损失由卖方负担。就本案例而言，该公司货物部分丢失是由于卖方未 发出装船通知而公司未办理保险手续而引起的损失，故此，该公司应向卖方提出 索赔。
4、答：此项损失应由买方承担，买方不应该向该公司提出索赔。
以CPT 术语成交时，风险转移以货交承运人为界，即卖方将货物交给指定承运 人，风险即由卖方转移至买方，买方可投货物保险以确保损失最小。就本案例而 言，该公司已将货物交给承运人，运输途中及后期风险均由买方自己承担，因此， 该公司可拒绝买方的索赔要求。
5、答：按照CIP 条件成交，卖方要承担保险费和运费。因为CIP 条件适合于各 种运输方式，风险是在承运人控制货物时转移，所以卖方要负责办理交货地点到 指定目的地的全程运输，而不仅仅是水上运输，因此卖方应支付全程运费。就本 案例而言，卖方支付了海上运输的费用，但并没有将货物送往指定目的地，因此 还需支付铁路运输的费用。由此，我方应支付货款，但不需支付铁路运费，卖方 行为不尽合理。
Part Six
I. Here given in the following are short forms for some units of measure and weight. Please give the complete form of each: 1)t 2)oz _____________________ 3)lb 4)pt _____________________
5)yd _____________6)gal ___________________ 7)rm 8)kg __________________
9)g _______________10)sqm ______________________
II. Please read the statements carefully, and then give your choice True or False. 1. Sometimes when the buyer cannot determine a specific port of discharge, he may require two or three ports to be written on the contract for option. ( ) 2. When there are optional ports in the contract, the goods may be unloaded at any one of the ports at the shipping company?s disposal. ( )
3. When importing on FOB terms, we can generally stipulate the port of discharge. ( )
4. An order bill of lading may be negotiable after being endorsed. ( ) 5. A bill of lading is a transport contract in which the shipping company promises to transport the goods received to the destination. ( )
6. A letter of indemnity is issued by the seller to the buyer to certify that the goods delivered are in goods condition. ( )
7. According to the UCP 500, a bill of lading which is issued subject to a Charter Party must be accepted unless the Credit stipulates otherwise. ( ) 8. When you transport your goods by a Time Charter, you have to pay for loading and unloading. ( )
9. When the ship-owner speeds up his ship and arrives at the destination at
an earlier date than is stipulated, he can obtain dispatch money from the shipper. ( ) 10. When the charterer fails to load or unload the goods within the stipulated period
of time, he has to pay demurrage to the ship-owner. ( )
III. Please give the following definitions for the names in English: 1. Gross weight 2. Net weight 3. actual tare 4. average tare 5. customary tare 6. computed tare IV. 简答题
1、简述订好数量条款的意义。 2、简述各计量单位适用的范围。 3、重量的计算方法有哪些？
4、数量机动幅度是什么？它的规定方法有哪些？ 5、简述溢短装条款的计价方法。 V. Case study
1.In 1990, a certain export company of China sent a group of businessmen to the United States for purchase of equipment. In New York both parties reached an oral agreement on such items as specifications, unit price, and quantity. Upon leaving, the group indicated to the other party that, when they got back to Beijing, they would draw a contract, which would become effective after being signed by both parties. After going back to Beijing, the group found that the clients withdrew their import of the equipment, and thus the contract was not signed and the L/C was not opened, either. The 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? 2.A Chinese export company sent on June 1 an offer to a businessman living in
Italy, stipulating for the reply to reach them before June 10. The Italian businessman 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? Why? Key:
I.Here given in the following are short forms for some units of measure and weight. Please give the complete form of each:
1)吨 2)盎斯 3)磅 4)品脱 5)码 6)加仑 7)令 8)公斤 9)克 10)平方米
II. Please read the statements carefully, and then give your choice True or False. 1. T
2. F where the goods are to be unloaded must be decided and confirmed by the buyer at least 48 hours before the ship arrives at the first optional port. 3. T 4. T 5. T
6. F a letter of indemnity is issued by the shipper to the shipping company in
Bank to have the Credit advised to the Beneficiary, it must also use the services of the same bank for advising an amendment. 10. T 11. T
12. F on CFR,CPT or FOB terms, it is the buyer who must insure the goods and pay the insurance premium involved.
13. F according to Item of article 13 of the UCP 500:” documents which appear in their face to be inconsistent with one another will be considered as not appearing on their face to be in compliance with the terms and conditions of the Credit ,” discrepancies between the documents themselves are not allowed.
14. F banks won?t refused to effect payment, as is stated in article 13 of the UCP 500,” documents not stipulated in the Credit will not be examined by banks. If they receive such documents, they shall return them to the presenter or pass them on without responsibility.”
15. F the time allowed for examining and negotiating the documents is seven
banking days, as is indicated in article 13(b)of the UCP 500:” the Issuing Bank …… shall each have a reasonable time, not to exceed seven banking days following the day of receipt of the documents, to examine the documents and determine whether to tale up or refuse the documents and to inform the party form which it received the documents accordingly.”
16. F the beneficiary does not need to act on suggestions written in the L/C if they ate not indicated as documents, as is stated in article 4 of the UCP 500:” in Credit operations all parties concerned deal with documents and not with goods, services and /or other performances to which the documents may relate.” 17. T 18. T
19. F the beneficiary must present all the originals if more than one original
insurance policy has been issued. This is clearly specified in article 34 of the UCP 500 :” if the insurance document indicates that it has been issued in more than one original, all the originals must be presented unless otherwise authorized in the Credit.” 20. F a Certificate of Origin is used to prove that a certain commodity is produced and manufactured in a certain country.
II. In each blank space write a word that fits naturally:
method, international, letter, ideal, for, trade, gives, starts, issue(open, establish), amount, and instructions, transaction, sends, correspondent, On, correspondent, credit, usual, confirm, undertakes, due, forth(out), with, knowing, money, secure, behalf, carried out
III. Payment and acknowledgement
A. Read the bill of exchange below and answer questions. 1. Drawer: Henan native produce … Drawee: Hanover Trust Co. 2. 4th DEC, 1999 3. two copies 4. US$63,162.00
5. Unite States Dollars Sixty Three Thousand One Hundred And Sixty Two Only 6. The sender's place is on the bottom right and the receiver's is on the bottom left.
7. 90 days 8. LC
3. US dollars, number, letter of credit, company B. Figures and words
1. one hundred pounds sterling only
2. eighty-nine dollars and fifty cents only
3. Yen eight hundred and sixty-eight thousands only
4. Two hundred and thirty-four pounds, four shillings, and three pence only 5. Deutsche mark five hundred and ninety only
IV. Read the following letters regarding payment terms. Identify the writer, the term proposed and the reason given. Then fill the Information Form. Letter No. Buyer/Seller Term proposed Reason 1 Buyer CAD 凭单付款 Deal of small value
2 Buyer T/T 电汇 Assure the time of delivery & save expenses 3 Seller CIA(not COD 货到 付款)
Usual practice
4 Seller D/A 承兑交单 To push sales
5 Seller D/P 付款交单 To expand business
6 Buyer Consignment Unable to make purchase on his own
V. Identify the problems and complete the letters by suggesting a solution. 1. increase the amount of your LC by $600 LC amount is insufficient
2. make the necessary amendment to the LC so that the currencies of the documents are the same.
discrepancy in currency
3. amend your LC as stated in your order
payment terms differ between LC and order sheet
4. amend your LC to read \discrepancy in terms of delivery VI. Case Study
1.[Answer]: The law of the USA applies to this contract because (1) this was a
CIF contract; (2) the place of conclusion of the contract was in the USA; (3) the place of the execution of the contract was also in the USA. The seller completed his responsibilities after he delivered the goods at the port of the USA.
2.[Answer]: It seems that the seller delivered the goods more than what was
stipulated in the contract; therefore, according to Article 52 of the CISG, the buyer may refuse to take delivery of the excess quantity delivered. However, in this case because of the ignorance of the staff concerned, difference occurred between the actual goods delivered and the quantity specified in documents. What?s sunny is that the weight indicated on the documents was the same as that stated in the contract. As
a
result, the buyer might obtain more without paying anything. However, the Japanese Customs House discovered the difference between the documents and the actual
goods delivered, which cause embarrassement to the Chinese company. The only way of solving the problem, perhaps, was to explain what happened in the factory to the Japanese Customs House.
Although the problem might have been solved, we still have a lot to learn from this case: (1) Strengthen the connection between the sales people and the factory; (2) the export salesman should make the mode of packing clear to the processing factory; (3) the Chinese Customs House must also check the weight of goods against the document; and (4) we should see that there is agreement not only between the documents presented, but also between the documents and the goods.
Part Twelve
I. True or false
1. According to the Commodity Law, if one party has a “breach of warranty”, the injured party may rescind the contract and claim for damage. ( )
2. The Foreign Economic Contract Law of the People?s Republic of China
stipulates that the party who has breached the contract cannot take any remedial measures. ( )
3. The Commercial Code of the USA applies “fundamental breach of contract” to explaining the consequences of the breach of contract. ( )
4. The CISG states that if one party?s breach of contract deprives the other party or the injured party of the main economic interests in the contract, the injured party may declare the contact avoided. ( )
5. According to usual international trade practice, buyers lose the right to claim for damages if they have processed or resold the goods. ( )
6. One of the best ways to avoid performing contractual obligations in international trade is to declare a force majeure event. ( )
7. Once a force majeure event happens, the party who fails to perform its obligations must inform the other party of the event. ( )
8. The party who incurs a force majuere event may delay the performance of the contract if this party is able to continue the contract. ( )
9. When settling disputes, the conciliator may force the parties in disputes to act his advice. ( )
10. Usually the parties who require arbitration in settlement of claims may not appeal to the court. ( )
II. Fill in the blanks with proper words and expressions
l. There is a ____________ between the contents of Case No 68 and those __________.
2.This delay had placed us in an ________ position.
3.The cartons appear to have been very ______________at some time during loading
and unloading, but the contents have not suffered any _____________.
4.The __________ of returning the defective goods will, of course, be __________ by us.
5.It is obvious that through an ___________ some straw ropes were not clered out of the packages.
6.We were sorry to receive your complaints that the goods __________ to you are not of the ___________.
7.We are extremely sorry about the delay, which you will realize was due to circumstance __________.
8.The buyer lodged ________ the shipment _________ $500___________short weight.
III. 名词解释 1、违约 2、留置权 3、索赔 4、理赔 5、救济方法 6、回复原状 7、实际损失 8、交货 IV. 简答题
1、各国法律对实际履行作为一种救济方法的规定有何不同？
2、大陆法、英美法和《公约》对损害赔偿责任的成立各有什么规定？ 3、各国法律对损害赔偿范围的规定有何不同？
4、各国法律对构成解决合同的条件的规定有何不同？我国又是怎样规定的？ 5、处理理赔工作时应该主要哪些问题？
6、按英国法规定，卖方行使停运权有几种方法？行使停运权时应注意拿几个条 件？ 7、按《英国货物买卖法》的规定，所交货物与合同不符违反要件的情况有几种？ V. Case study
1. A Chinese export company sold 25 metric tons of Donkey Meat to a Japanese
client. As stipulated in the contract, the goods were to be packed in 1,500 boxes with a net weight of 16.6 kilos per box. If the goods were packed according to stipulations, the total weight was 24.9 metric tons, the remaining 100 kilos might not be delivered. When the goods arrived at the Japanese port, the Japanese Customs Officers checked them and found that each box contained 20 kilos, not 16.6 kilos. Therefore, this
shipment amounted to 30 metric tons. However, the goods totaled 24.9 M/T in weight on all the documents, and the payment was also effected against 24.9 M/T. Thus 5,100 kilos of Donkey Meat were free of charge. Worst of all, because of the discrepancy between the net weight on the documents and the actual weight, Japanese Customs thought the export company helped its client to evade duties. Then how are we deal with this issue? What lessons can we draw from this case?
2. A Chinese trading company E concluded a transaction in steel with a Hongkong company W on the basis of FOB China Port. Company W immediately resold the
steel to Company H in Libya on the terms of CFR Liberia. The L/C from W required the price terms to be FOB China Port and the goods to be derectly delivered to Liberia.
The L/C also required “Freight Prepaid” to be indicated on the B/L. Why did Company W perform so? What should we do about it?
3. A merchant in South America placed an order with a Chinese export company for a certain commodity on CFR Asuncion terms. With a view to developing new markets,
the export company immediately made an offer abroad on the basis of CFR Asunction,
and the transaction was soon concluded. When shipping the goods, however, this company came to realize that Asuncion is an inland city. As was the case, if the
company had the goods transported to Asuncion, it had to, first of all, have the goods transported by sea to a seaport in Argentina or some other South American
neighboring country. After that, the goods might be transport to Asunction through river transportation or inland transportation. As a result, this company had to pay a considerable sum of freight charges. What can we learn from this case? Key
I. True or false
1. F the injured party cannot rescind the contract, but holds the right of claiming damages.
2. F according to article 18 of the law, the party who has breached the contract can adopt reasonable remedial measures.
3. F it is the CISG that applies” fundamental breach of contract.” 4. T 5. T
6. F according to article 74 of the CISG states, there are 4 conditions on which a Force Majeure can be established. 7. T 8. T
9. F the conciliator?s suggestion is not a law; therefore, he cannot force the parties in dispute to act on his advice. 10. T
II. Fill in the blanks with proper words and expressions 1.discrepancy , contracted 5.oversight 2.awkward 6.delivered, quality expected
3.roughly handled, damage 7. beyond our control 4.charges, borne 8. a claim on, for, on account of III. 名词解释
1、违约：指合同的一方当事人没有履行和没有完全履行其合同规定的义务的行 为。
2、留置权：指未收到货款的卖方将货物扣留下来，作为买方支付价金的担保， 直到买方支付价金为止。
3、索赔：就是当事人依据有关合同对违约造成的损失或货物损失，向责任方提