商法作业(3)

Homework Assignment 3
International Business Law
English Classes 121-1010, Innovation Class
Due Date: November 30, 2015
Name: _______________ Cl ass: _____________ Grade: _____________ NB:
1.Upload your answer to moodleclass when you finish it and submit a printout of
your homework by Monday, November 30, 2015.
e the form for filename as indicated below:
IBL_3_YourName_English121
Task:Choose the correct answer to each of the following questions and explain your choice briefly.
Review Questions for Chapters 1 - 4
1. Which of the following is NOT one of the main sources of international business law?
A. National business laws
B. Continental Law and English Law
C. International business custom and usage
D. International business treaties
2. Under what circumstances is a certain specific international agreement (e.g. CISG) binding the parties concerned?
A. when both parties are from the signatory nations.
B. when both parties agree to opt in.
C. when the court makes a judgment on its effectiveness.
D. when both parties willingly choose it. Otherwise, it will depend on the court’s
judgment.
3. The common law system is based on , while Continental law system is based on .
A. Cases; Roman Code
B. Judge’s decision; written code
C. Precedents; Statutes
D. Statutes; Precedents
4. Definiteness of an offer means that it should be clear, definite and certain on .
A. Object
B. Quantity
C. Price
D. All of the above
5. Which of the following is NOT true?
A. An invitation to offer is not an offer, which indicates an intention to negotiate a
contract, not to create a contract.
B. An offer will be valid when accepted, while an invitation to treat needs to be
confirmed by the offeror of the invitation.
C. A quotation, catalogue, or price list is merely an enquiry, not an offer.
D. Auction sales, tender, and all kinds of advertisements are invitation to treat, not
offer.
6. Which of the following is true?
A. CISG and Chinese Contract Law state that an offer is revocable before its
acceptance.
B. UCC provisions: “the offer is irrevocable for a reasonable time not exceeding
90 days.”
C. Under German law, before or at the time an offer is accepted, revocation of an
offer is effective.
D. Under English law, an offer can hardly be revok ed before receiving offeree’s
reply.
7. Which of the following have contract capacity?
A. Minors
B. Mentally Impaired or Incompetent Persons
C. Drunk Persons
D. Indicted persons
8. Which of the following is true?
A. According to China’s law, one party’s mistake on vital matters can cause a
contract void.
B. Under French law, one party’s mistake on the very substance of the object can
cause a contract to be void.
C. The German Civil Code states that a mistake about content can cause a contract
to be void, but a mistake of expression doesn’t make a contract to be void.
D. Generally speaking, a unilateral mistake cannot make a contract void. Only a
mutual mistake can make a contract void.
9. China is a signatory of CISG, and yet China’s Contract Law Section 2 Article 11 holds that the form of contract shall be .
A. Written
B. Oral
C. by conduct
D. All of the above
10. Which of the following can not take rescission as a remedy to the breach of the contract?
A. Breach conditions in UK
B. Material breach in US
C. Breach Warranty in UK
D. Fundamental breach in CISG
11. When compensation is paid as remedy for breach, it should include .
A. Specific damages
B. Consequential damages
C. Nominal damages
D. Generally, at least specific damages and consequential damages
12. Which one of the following is true?
A. Under Common Law, “there should be no liability without fault”.
B. Under Civil Law, “there should be no liability without fault”.
C. Under CISG, “there should be no liability without fault”.
D. Under China’s C ontract Law, “there should be no liability without fault”.。