英语营销国际商法案例分析.pdf

国际商法期末考查案例分析 课程名称：国际商法 学期：2013-2014（2）班级：姓名：学号：得分：Case Study 1 Samir is walking down Princes Street one Saturday morning when he notices a very eye-catching display of sets of golf clubs in the window of Fairways,a well-known Edinburgh sports retainer.As Samir is a very keen golfer,he stops to pay more attention to the window display.Samir immediately notices that a set of golf clubs(by Japanese master craftsman Matsumoto)is priced at an incredible 150.He is astonished at the low price for the golf clubs and he immediately rushes into the shop where he heads straight for the cash desk so that he can purchase the goods.On reaching the cash desk,Samir is incredibly annoyed to be told by the(somewhat superior)sales assistant that some sort of mistake has obviously occurred.There is no way that the store would sell a set of Matsumoto golf clubs for a mere 150.The goods have been incorrectly priced and if Samir wishes to purchase the clubs he must pay 1,500 for them.Samir insists that Fairways has made him a definite offer and that he has now accepted that offer-there is a legally enforceable contract between him and the store.The sales assistant is absolutely unimpressed by Samirs line of argument.Admittedly,it is often the case that Fairways will give customers goods which are wrongly priced for the price as it is marked on the ticket,but this is purely a gesture of goodwill.In this situation,the sales assistant is absolutely certain that her superior would be most unhappy if Samir was able to obtain the goods for the ridiculous price of 150.Samir begins to lose his temper and the other customers in the store are beginning to stop and stare at the disturbance.However,the sales assistant still refuses to sell the golf clubs to Samir for 150.Question 1:what is the price tag of the golf clubs in the window display called according to contract law theory?Is it an offer or invitation offer?Why?Question 2:Does Samir have a legally enforceable contract with Fairways for the purchase of Matsumoto golf clubs for 150?Why?Case Study 2 On storming out of Fairways,Samir runs into an old friend,Susan,whom he agrees to meet for a meal at 7 oclock that evening at Shanghai Surprise restaurant.Susan rushes off to her favourite designer clothing store,Tiffanys Boutique,in order to purchase an outfit for her night out with Samir.Susan spends nearly a 1,000 on her outfit from Tiffanys.As things later turn out,Samir will conveniently forget that he made arrangements to go out with Susan that evening.Susan is now determined to sue him for the cost of her new outfit,her taxi and the disappointment caused.Question 3:What are the chances of Susan being successful if she goes ahead and sues Samir for the cost of her new designer outfit,the cost of her taxi fare and the disappointment caused?Case Study 3 On arriving home just before lunch-time,Samir plays back his telephone answer machine and hears a message from Dougie Campbell,the builder withdrawing his earlier offer to build a conservatory and patio for 1,000.Samir had e-mailed his acceptance of Campbells offer several days previously.However,unknown to Samir,he mistyped Campbells e-mail address and his acceptance never arrived at its intended destination.Question 4:Is Dougie Campbell entitled to cancel its offer to build a conserbatory and patio for Samir?Why?Question 5:If Samir had not mistyped Campbells e-mail address,is Dougie Campbell entitled to cancel its offer to build a conserbatory and patio for Samir?Why?Case Study 4 Later on Saturday afternoon,Samir receives a call on his mobile from Stuart who offers to sell him his car for 4,500.Samir is very anxious to purchase the car,but in response to the offer he say to Stuart Ill give you4000 for the car.Stuart refuses to bargain with Samir and tells him bluntly that the price is 4,500 if he wants the car.An hour later,Samir phones Stuart agreeing to pay 4,500,but he is somewhat shocked to be told by Stuart that he is no longer interested in dealing with him and that someone else is coming over to look at the car.Question 6:Can Samir insist that Stuart sell the car to him for 4,500?Why?Question 7:If Samir agrees promptly to pay 4,500 rather than trying to pay 4,000 for the car offered by Staurt,does there exist an enforceable contract between them,why?Case Study 5 Seller agreed to ship 10,000 tons of potatoes FOB Tacoma,Washington,to Buyer in Japan.Buyer designated the SS Russet to take delivery at pier 7 in Tacoma.On the agreed date for for delivery,Seller delivered the potatoes to pier 7,but the ship was not at the pier.Because another ship using the pier was slow in loading,the Russet had to anchor at a mooring buoy in the harbor and Seller had to arrange for a lighter to transport the potatoes in containers to the ship.The lighter tied up alongside the Russet and a cable from the ships boom was attached to the first container.As the container began to cross the ships rail the cable snapped.The container then fell on the rail,teetered back and forth for a while,and finally crashed down the side of the ship and capsized the lighter.All of the potatoes were dumped into the sea.Buyer now sues Seller for failure to make delivery.Question 8:Who takes the risk of the loss of the potatoes in this case?Why?Case Study 6 Buyer and Seller entered into a contract for the sale of sugar from the Philippines to New York on CIF terms.They added language to the contract that delivery was to be“at a customary safe wharf or refinery at New York,Philadelphia,or Baltimore to be designated by the Buyer.”Before the sugar arrived,the United States placed a quota on sugar imports.The sugar was not allowed to be imported and was placed in a customs warehouse.The Buyer refused the documents and the Seller sued,claiming that the import restriction was no excuse for the Buyers non-payment.The Buyer argued that the language calling for delivery to a U.S.port converted a shipment contract into a destination contract.Question 9:Was this a CIF contract or a destination contract?Why?Question 10:What was the effect of the additional shipping language used by the parties?Question 11:Why should the parties not attempt to modify a trade term or add other delivery language?