国际商法(英)复习14、12.docx

The Final Review Question types: Section I: True or False. (Mark T for True, F for False in the blank provided) (20 %) SectionH Give brief answers to the following questions. (30 %) Section III: Read the Case carefully and answer the following questio ns. (20%) Section IV: Read the Case carefully and answer the following questio ns. (30%) Content: 1. The establishment of the contract: a valid con tract is an agreeme nt that contains all of the esse ntial eleme nts of a con tract which are: (1) it is an agreeme nt betwee n the parties entered into by their mutual assent; The mutual agreement is reached through the bargaining process, between offferor and offeree until the offeree accepted the offer. In other words, acontract isn t formed un til the offer is accepted by the offeree. (2) the parties must have legal capacity ; (3) the con tract must n ot be for illegal purposes or to carry on an activity that is illegal or contrary to public policy. The above tell us that which esse ntial eleme nts are contained by a valid con tract. Offer: an offer is a stateme nt by one party of a willi ngn ess to en ter into a con tract on stated terms, provided that these terms are, in turn, accepted by the party or parties to whom the offer is addressed. An offer takes effect whe n it reaches the offeree CISG: A proposal for con cludi ng a con tract 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 acceptanee. Requirement of Offer: under the CISG an offer must be sufficiently definite and indicates the intention of the offeror to be bound. (1) the con tract law of most n ati ons hold that an offer must be addressed to one or more specific persons ; (2)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.(3) an offer becomes valid when it arrives at the offeree. This tel