商法选调择题2.docVIP

1 A store places an ad in a newspaper that read: “ The first person in our store on Washington’s Birthday will receive $100 toward the purchase of an appliance.” Courts would probably hold this to be . A an offer because it is addressed to an identifiable individual, not the general public. B an invitation to make offers because it does not indicate who the first person is. C an acceptance because it has made a commitment to the first person in the store. D not an offer because it did not state the place and the date of payment. 2 CISG keeps silent on : A. Validity of the contract B Obligations of the parties C Breach and remedy D Formation of the contract 3 Which of the following transactions is (are) not governed by CISG ? A Auction of a car led by the court B Transfer of patent C Sale of a plane D Sale of oil 4 On May 1st , A sent an offer to B to sell X goods. On May 7th, the market price of X goods was increased and higher than the price the offer proposed. On the same day, A sent a notice of revocation. It arrived to B on May 9th. However, B sent an acceptance to A on May 8th. It arrived to A on May 10th. If CISG is applied, should be considered that . A the contract was concluded on May 8th , since B’s acceptance was sent on this day. B the contract was concluded on May 10th, since B’s acceptance arrived to A on this day. C there is no contract was established, because A’s offer has been revoked until B’s acceptance arrived to A D there is no contract was established, because ultimately the minds of A and B did not meet 5 According to CISG, one of the parties of a contract may declare the contract avoided , . A if the other party has committed fundamental breach of the contract. B if prior to the date for performance of the contract it is clear that the other party will commit a fundamental breach of contract, even if time allows t