英文案例分析.pdfVIP

(完整word版)英文案例分析(word文档良心出品)--第1页 Case 1 One Chinese company exported contract of Grade B Peanuts to foreign country importer. When the seller was working on the delivery of the goods, he found that the Grade B Peanuts were out of stock. Without prior consent of the buyer, the seller delivered the Grade A Peanuts instead of Grade B Peanuts and stated on the invoice “Grade A Peanuts, price is the same ”, while the buyer refused the consignment. Question: In this situation, does the buyer hold the repudiation rights? Why? Answer ： The buyer has the right to refuse to pay. This is because both sides confirmed the Grade B Peanuts when signing the contract, which holds a legal effect. If the seller gets the buyer’s consent, he can change the peanuts grade. So the buyer has the power to refuse to pay. Case 2 One Chinese company exported contract of agricultural products to German company. The contract stipulates that moisture not exceeds 15%, impurity not more than 3%. Before the deal closing, the seller sent the buyer the samples and after the contracting the seller immediately faxed the buyer that the consignment was similar to the sample. After the shipment arrived at Germany the buyer had the goods inspected. Later, the buyer showed the inspection certificate, saying that the quality of the goods was inferior to the samples’, and then he put forward claim for compensation of ￡6 000, finally the Chinese company paid the compensation. Question: Please analyze the case. Answer ： The transaction belongs to the sample trading. In international trade, in order to avoid the situation th