案例分析和问答题讲课教案.pptVIP

案例分析和问答题;3. B accept A’s offer;4. B requires compensation;5. A’s argument;Questions;The revocation of Company A is unreasonable. The offer of Company A is irrevocable. The contract of Company A and Company B is effective.;Reasons;2. The offer of Company A is irrevocable. Under the CISG Article16, (P361) An offer cannot be revoked under such condition: If it indicates, whether by stating a fixed time for acceptance or otherwise, that it is irrevocable. Company A mentions the valid time is before Dec. 30 and he receives the acceptance made by Company B in valid time. The offer is effective and is irrevocable. ;3. The contract of Company A and Company B is effective. ;Conclusion;Suggestion;案例分析2;;;questions;;(2) To the losses caused by Wang, all the partners should take unlimited joint liabilities. According to the partnership law, when one or more of the partner’s action leads to some debts of the partnership not deliberately or not with gross negligence, all the partners should take unlimited joint liabilities. In this case, Wang’s action did not belong to gross negligence, so all the partners should take unlimited liabilities. ;In a corporation, what rights does one share holder have?(vote,obtain the divident,transfer the shares,sue,inspecton) What are the major duties of principal to agent?(pay commission,reimburse and indemnify,keep accounds) What is the mirror image rule?(in most countries is one of the requirments of the offer,the rule states that the acceptance should match the terms of the offer exactly,unconditionally and unequivocally) What are the major differences between the two rules of acceptance, namely “mail-box rule” and “receipt rule”(1.mail-box rule is that the contract is formed when the letter of acceptance is placed in the mail-box,it applies only to the acceptance,under the rule,the acceptance is effective once the letter of acceptance is posted,it makes no difference if the offeror actually receives the lette