国际贸易实务双语教程第三版Unit 02.pptVIP

[Case Description]: Company C of China received an offer from Company D in Paris, France on date July 16th, 2009: “500 metric tones of tinplate, 545 U.S. dollars per metric ton CFR China port, shipment in August, with sight letter of credit, the offer’s opening day is within 20 days.” Company C replied on date 17th “If the unit price is 500 U.S. dollars CFR Chinese port, then we can accept 500 metric tones of tinplate, arbitration will be claimed in China in case of a contract dispute.” Company D replied: “The market is strong so the price can not be reduced, arbitration conditions is acceptable and reply ASAP.” At that time tinplate prices did trend up. On 19th Company C replied : “We’ve accepted the offer you sent on 16th and the L/C has opened by the Bank of China, please confirm it.”But the French Company had not identified it and returned the L/C. Questions: (1) Whether the contract was established, and why? (2) Whether it’s Company C’s misplay? Case 2 2．Company A from Britain offered Company B from Germany, in which Company A sold a batch of goods to Company B. Company B replied to Company A the next morning (May 6th) when he received the offer. When replying, Company B agreed to accept all the terms in the offer. But Company A found that after he sent out his offer, the price for the goods that he was going to sell was in the rise. So he telephoned Company B on the afternoon of May 7th, hoping to cancel the offer. On the morning of May 8th company A received Company B’s reply. Question: According to the CISG, is there any business relation between Company A and Company B? Case 3 The offer made by a Chinese company to Company A was subject to Company A’s reply by April 10th. On April 9th, Company A made his reply to the Chinese company to accept the offer by express mail. Because of the delay of the transfer, the Chinese company received the acceptance on April 11th. Before the Chinese company received the acceptance, they had got the news that the pri