[中医中药]Chapter 3 Law of International Sales.ppt

Chapter Three The Law of International Sales Teaching aims The students are required to learn about: the contents of CISG. the difference of the relative problems between the two legal systems. . Main and difficult points 1. The duties of the buyer and the seller. 2. The transfer of the title and risk. Goods Exclusion of Goods (1) Goods bought for personal, family or household use, unless the seller did not know or have reason to know that the goods were bought for this use; (2) Sales by auction; (3) On execution or otherwise by authority of law; Exclusion of Goods (4) Sales of stocks, shares, investment securities, negotiable instruments, or money; (5) Ships, vessels, hovercraft, aircraft, however it has not been interpreted to mean that it does not apply to such goods components; (6) Sale of electricity. Exclusion of sales Sale of goods where the buyer supplies a “substantial part” of the “materials” necessary for production. Sales of manufactured goods are excluded where the “preponderant “of the obligations of the supplier are in the form of labor or other services. Section Ⅰ Formation of Sales of Contract The offer Article?14 (1)?A?proposal?for?concluding?a?contract?addressed?to?one?or?more?specific?persons?constitutes?an?offer?if?it?is?sufficiently?definite?and?indicates?the?intention?of?the?offeror?to?be?bound?in?case?of?acceptance.?A?proposal?is?sufficiently?definite?if?it?indicates?the?goods?and?expressly?or?implicitly?fixes?or?makes?provision?for?determining?the?quantity?and?the?price. . Firm Offer and Counter Offer Firm offer An offer that the offeror promises to keep open for a fixed period of time. Counter offer If the buyer’s purchase order form and the seller’s order acknowledgement form differ as to any material term, there is no offer and acceptance4. Instead, there is an offer, followed by a rejection of that offer and a counter offer (usually the seller’s order acknowledgement form). Three Requirements of An Offer 1. It is a p