国际商法讨论案例（Discussion case of international commercial law）.docVIP

国际商法讨论案例（Discussion case of international commercial law） 1, Chinas a company and the United States B company entered into an international contract for the sale of goods. Contract: a company to sell a number of timber to B company, is a company performance in July will be the number of timber since Jilin railway shipped to Dalian, by the Dalian shipping to the United States of New York, company B pay the right price. But in July, a company did not perform. In August 3rd, company B notification of a company, the number of timber should be shipped before August 20th at the latest. In August 10th, a company under this batch of wood to railway transport to Dalian. However, the shipment was lost by 80% during the shipment from Dalian to New York. The dispute arises between the two parties over the unknown risk of loss of the goods. B company believes that a company did not meet the breach of contract in July prior to, should bear the responsibility for damages. The contract has terminated due to the failure of a company to fulfill its obligations on time, so the risk of loss of the goods should be borne by a company. Q: (1) does the B company have the right to claim a company for damages? Why? (2) what is the view of the company that the contract in this case has been terminated due to the breach of a companys contract? Why? (3) who should bear the risk of loss of goods in this case? Why? 2, a company and the company signed an international contract for the sale of goods. Contract: a company on July 10 to the B company delivery of high-quality iron sand 100 thousand tons, B company in July 1st in advance payment of 50%, the balance within 10 days after delivery of goods paid. In July 1st, company B noted that due to the third company offer concessions, a company and a contract for the sale of iron ore and the third company, and has determined to B company 100 thousand tons of iron ore in the 50 thousand tons shipped to third company, and continues to be. In July 5th, th