国际商法(英文)试卷
贸大国际商法试题2002国际法学专业英语试题
2002国际法学专业英语试题一案例分析（用中文回答）40%Stone v. American Lacquer Solvents Co.343 A. 2d 174 (1975)Harold E. Stone became chairman of the board of directors of American Lacquer Solvents Co. ( hereafter referred to as American) on December 7, 1967. On that date, American's board of derectors adopted a resolution that upon Stone's death, his wife, Rachel, would be paid an $8,000 annual pension by American until her death or remarriage. Teh resolution was adopted in consideration for services to be rendered to American by Stone, and it further provided that it could not be revoked wi t hout his consent.In March 1968 Stone and his wife encountered martial difficulties. Stone contacted Shaw, the president and general manager of American, and told him that he wanted the pension resolution cancelled. Shaw contacted the company's legal counsel and, acting in accordance wi t h his advice as to the procedure to be followed, prepared a letter from Stone to the board of directors of American, saving, "It is my wish that the R esolution dated December 7, 1967 concerning a pension for my wife Rachel be rescinded." Stone signed and personally delivered the letter to Shaw on March 3.On March 11, 1968, Shaw convened a special meeting of the board of directors of American. Five of the seven members of the board attended the meeting; and when Stone's letter was brought to their attention, they voted unanimously to rescind the resolution of December 7, 1967. Stone was not notified of the meeting and did not attend.Stone died on November 1, 1968; and when American refused to pay his widow, Rachel, the pension provided for in the resolution, she sued for specific performance. The trial court ruled that the resolution and been validly rescinded by the board at the meeting of March 11, 1968, and hence the plaintiff had no claim. She appealed the decision.Eagen, Justice. . . As a general rule the directors of a corporation may bind a corporation only when they act at a legal meeting of the board. If they purport to act at a meeting which is not a legal meeting, their action is not that of the corporation, and the corporation, absent ratification or acquiescence, is not bound.As to special meetings of the board of director of a corporation, the general rule in Pennsylvania is that such a meeting held without notice to some or any of the directors and in their absence is illegal, and action taken at such a meeting, although by a majority of the directors, is invalid absent ratification or estoppel. However, this notice requirement may be waived by a director either prior or subsequent to the special meeting, provided such waive is in writing. Addi t ionally, any action which may properly be taken at a meeting of a board of directors of a corporation may be affected and is binding wi t hout a meeting, if a consent in writing setting forth the action so taken is signed by each and every member of the board and filed wi t h the secretary of the corporation.A reading of the trial court's opinion filed in support of i t s decree upholding the legality of the Board's section of March 11, 1968, rescinding the Board's prior Resolution providing for the payment of the pension to the plaintiff was based on three grounds, any one of which, if corret, would warrant its ruling. First, the court conclude that Stone's letter of March 3, 1968, constituted a consent to the Board's subsequent action rescinding the pension Resolution. The difficul t y with this position is that the applicable statute requires that such a consent be executed after the meeting and that i t specifically set forth theaction taken, and that i t be filed with the secretary of the corporation. Stone's letter does not meet these requirements.Secondly, the court conclude [that] Stone's letter of March 3, 1968, consti t uted a waver of receipt of notice of the meeting of March 11, 1968. The difficulty with this position is that the letter does not refer to the meeting or indicatein any way that notice therof is waived. The letter amounts to no more than an expression of desire or consent to rescind the pension Resolution.In connection with its conclusion that Stone's letter constituted a waiver of notice of the meeting, the court reasoned that no purpose would be served by Stone's presence at the meeting since the other Directors were merely acceding to Stone's wishes and request. This analysis overlooks the rational for the salurary rule that all direcors receive notice of special meeting. That rationale is that " each member of a corporate body has the right of consultation with the others, and has the right to be heard upon all questions considered, and i t is presumed that if the absent members had been present they might have dissented, and their arguments might have convinced the majotiry of the unwisdom of their proposed action and thus have produced a different result." We agree with this rationale and, in view of the presumption embodied therein, we cannot concur in the trial court's premise that Stone and other Directors were of one mind as regards the pension rescission. In relation to this, we specifically note that another member of the Board of Directors failed to attend the meeting of March 11, 1968, and there is nothing in the record to show if he received notice of the meeting, or ever consented to the action taken the meeting.Finally, the court concluded that the rescinding resolution of Board was voidable only and that Stone's silence and failure to object thereto prior to hes death amounted to a ratification. The difficul t y with this position is that there is nothing in the record to show that Stone was ever made aware that the meeting of March 11, 1968, had been held or knew the rescinding resolution had been adopted by the Board. Under the circumstances, i t cannot be said a ratification was effected...[R]eversed and ... remanded for further proceeding...思考题：1.请以时间顺序为线索陈述本案基本事实。
国际商法教程期末试题及答案
国际商法教程期末试题及答案1. 单选题（每题2分，共40分）1. What is the main purpose of international commercial law?A. To regulate domestic business transactionsB. To facilitate trade between different countriesC. To protect consumers from unfair business practicesD. To enforce intellectual property rights答案：B2. Which of the following is NOT a principle of international commercial law?A. Freedom of contractB. Good faithC. Sovereign immunityD. Pacta sunt servanda答案：C3. Which international organization is responsible for the settlement of disputes between member countries?A. World Trade Organization (WTO)B. International Monetary Fund (IMF)C. United Nations (UN)D. International Court of Justice (ICJ)答案：A4. What is the purpose of the United Nations Convention on Contracts for the International Sale of Goods (CISG)?A. To harmonize contract law in different countriesB. To establish a global court for contract disputesC. To regulate the sale of goods within a specific regionD. To protect consumers from fraudulent sellers答案：A5. Which of the following is NOT a method of dispute resolution in international commercial law?A. MediationB. ArbitrationC. LitigationD. Negotiation答案：D...（继续回答6-40题）2. 客观题（每题5分，共50分）1. Define the principle of "lex mercatoria" in international commercial law.答案：Lex mercatoria refers to the body of customary rules and practices that have developed in international trade. It is based on the principles of fairness, good faith, and commercial reasonableness.2. Explain the concept of "force majeure" and its role in international contracts.答案：Force majeure refers to unforeseen circumstances or events beyond the control of the parties that make it impossible to fulfill their contractual obligations. It is often included as a clause in international contracts to excuse performance in such circumstances.3. Discuss the significance of the "most favored nation" principle in international trade.答案：The most favored nation principle requires that any favorable treatment given to one country must be extended to all other countries. It promotes equal treatment and prevents discrimination in international trade.4. Explain the difference between common law and civil law systems and their influence on international commercial law.答案：Common law systems are based on judicial precedents and case law, while civil law systems rely on codified statutes and legal codes. These two systems have different approaches to contract interpretation and dispute resolution, which can impact the application of international commercial law.5. What is the role of the International Chamber of Commerce (ICC) in international commercial law?答案：The ICC plays a significant role in the development and promotion of international commercial law. It provides standardized model contracts, rules for arbitration, and other resources to facilitate trade and resolve disputes....（继续回答6-10题）3. 论述题（每题20分，共60分）1. Discuss the importance of choice of law clauses in international contracts.答案：Choice of law clauses are essential in international contracts as they determine which jurisdiction's laws will govern the interpretation and enforcement of the contract. This helps ensure legal certainty and predictability, especially when parties involved are from different countries with different legal systems. By choosing the applicable law in advance, parties can better understand their rights and obligations under the contract and avoid potential conflicts or misunderstandings. It also provides a clear framework for resolving disputes that may arise during the course of the contract. However, it is crucial for parties to carefully consider the choice of law and seek legal advice to ensure it aligns with their interests and objectives.2. Analyze the benefits and challenges of international arbitration as a method of dispute resolution in international commercial law.答案：International arbitration offers several advantages as a method of dispute resolution in international commercial law. Firstly, it provides a neutral and private forum that allows parties to resolve their disputes outside of national courts, which can be advantageous when dealing with cross-border transactions. The use of arbitration can help avoid potential biases or preferences towards domestic parties. Secondly, it offers flexibility in terms of procedural rules, language, and choice of arbitrators. Parties can select arbitrators with expertise in the subject matter of the dispute, thus ensuring a fair and knowledgeable decision-making process. Thirdly, arbitral awards are generally enforceable across countries through international conventions such as the New York Convention, which enhances the enforceability and finality of arbitration decisions.However, international arbitration also presents challenges. It can be expensive, especially when parties need to hire specialized legal counsel and arbitrators. The lack of a formal appeals process can raise concerns about limited options for challenging an unfavorable award. Furthermore, cultural and procedural differences between parties involved from different jurisdictions can impact the efficiency and fairness of the arbitration proceedings. Despite these challenges, international arbitration remains a popular choice for resolving disputes in international commercial law due to its many advantages.3. Discuss the role of the World Trade Organization (WTO) in regulating international trade and resolving trade disputes.答案：The World Trade Organization (WTO) plays a crucial role in regulating international trade and resolving trade disputes among membercountries. Its primary objectives include facilitating the smooth flow of trade, promoting fair competition, and ensuring that trade policies are transparent and predictable. The WTO provides a framework for negotiating and enforcing trade agreements, such as the General Agreement on Tariffs and Trade (GATT) and various sector-specific agreements.One of the key functions of the WTO is dispute settlement. It offers a multilateral and binding dispute resolution mechanism that helps member countries resolve trade disputes in a fair and impartial manner. The WTO Dispute Settlement Body (DSB) consists of independent panels that hear and adjudicate trade disputes brought by member countries. The DSB's decisions are binding, and non-compliance can result in authorized retaliation or the imposition of trade sanctions.The WTO's dispute settlement mechanism has contributed to the resolution of numerous trade disputes, promoting stability and predictability in international trade. It has played a significant role in reducing trade barriers and ensuring compliance with agreed-upon trade rules. However, some criticisms include the length and complexity of the dispute settlement process, concerns about the influence of powerful countries, and the limited participation of developing countries in the decision-making process.Despite these challenges, the WTO remains an important institution for the regulation and resolution of international trade disputes. It continues to work towards a more inclusive and balanced international trading system....（继续回答4-6论述题）总结：本文针对国际商法教程期末试题及答案展开了详细的回答。
英文国际商法练习题答案
英文国际商法练习题答案International Business Law Practice Questions and AnswersInternational business law is an important aspect of global commerce, and understanding its principles and practices is essential for businesses operating across borders. In this article, we will explore some practice questions and provide answers to help you deepen your understanding of international business law.1. What is the difference between a treaty and a custom in international law? Answer: A treaty is a formal agreement between two or more sovereign states, while a custom is a general practice that has been accepted as law. Treaties are binding on the parties that have signed them, while customs are binding on all states as a matter of general international law.2. What is the principle of comity in international business law?Answer: The principle of comity is a legal doctrine that encourages courts to defer to the laws and decisions of other countries out of respect for their sovereignty. This principle is important in international business law as it helps to promote cooperation and mutual respect among different legal systems.3. What are the main sources of international business law?Answer: The main sources of international business law include treaties, customs, general principles of law, and decisions of international courts and tribunals. These sources help to create a framework for regulating international business transactions and resolving disputes between parties from different countries.4. How does the principle of forum non conveniens apply in international business law?Answer: The principle of forum non conveniens allows a court to decline jurisdiction over a case if it determines that another forum would be more appropriate for resolving the dispute. This principle is often invoked in international business law cases where the parties are from different countries and there are competing interests in different legal systems.5. What is the role of the International Chamber of Commerce (ICC) in international business law?Answer: The ICC is a global business organization that provides a forum for businesses and governments to discuss and develop international business law and practices. It also administers the ICC International Court of Arbitration, which is a leading institution for the resolution of international commercial disputes.In conclusion, international business law is a complex and dynamic field that requires a deep understanding of its principles and practices. By exploring practice questions and answers like the ones provided in this article, businesses can gain valuable insights into the legal framework that governs their international transactions and relationships.。
英语国际商法试题及答案解析
本题解析： 暂无解析
18. _______ at all is worth doing well.
A.Whatever is worth doing B.That is worth doing C.What is worth doing it D.Whatever is worth doing it ABCD 正确答案： A
A.a partial B.a changeable C.an original D.an individual ABCD 正确答案： A
本题解析：
A 不完全的、部分的 B 易变的、可变的 C 原先的、最初的 D 个人的、个别的
16. On average about ￡ 5000 a year is spent on each private school pupil,_______ the amount spent on state school pupils.
22. 名词解释：copyright 正确答案： A copyright is title to certain pecuniary rights and, in most countries, certain moral rights for a specified period of time.
A.lived in B.to live in C.lived D.to live ABCD 正确答案： B
2023学年国际商务商务英语考卷(附答案)
专业课原理概述部分一、选择题（每题1分，共5分）A. 信用证B. 汇票C. 电汇D. 货到付款答案：DA. 世界贸易组织B. 国际货币基金组织C. 欧洲联盟D. 亚太经济合作组织答案：CA. 准备阶段B. 摸底阶段C. 僵持阶段D. 成交阶段答案：AA. 美元B. 欧元C. 英镑D. 俄罗斯卢布答案：DA. CFRB. CIFC. FOBD. DDP答案：A二、判断题（每题1分，共5分）1. 国际商务合同中，卖方负责办理出口手续。
（√）2. 在国际商务活动中，信用证是一种无条件的支付承诺。
（×）3. 国际商务谈判中，文化差异对谈判结果没有影响。
（×）4. 国际货币基金组织的宗旨是促进国际货币领域的合作。
（√）5. 国际商务活动中，关税壁垒是唯一一种限制进口的手段。
（×）三、填空题（每题1分，共5分）1. 国际商务活动中，以信用证方式支付货款时，银行承担的是______（第一性）付款责任。
2. 世界贸易组织的基本原则包括非歧视原则、______（最惠国待遇）原则和透明度原则。
3. 在国际商务谈判中，______（利益）是谈判双方关注的焦点。
4. 国际商务活动中，跨国公司通过______（直接投资）方式进入国外市场。
5. 国际商务合同中，______（仲裁）是解决合同争议的一种方式。
四、简答题（每题2分，共10分）1. 简述国际商务活动中信用证的作用。
答案：信用证是一种银行信用，为买卖双方提供信用保障，降低交易风险；有利于买卖双方解决交易中的信任问题；有利于买卖双方融资。
2. 简述跨国公司的组织结构类型。
答案：跨国公司的组织结构类型包括母子结构、兄弟结构、区域结构和全球产品结构。
3. 简述国际商务谈判中的文化差异对谈判的影响。
答案：文化差异影响谈判双方的语言沟通、非语言沟通、价值观、谈判风格和信任建立。
4. 简述国际货币基金组织的职能。
答案：国际货币基金组织的主要职能包括监督国际货币体系和汇率政策、提供技术援助和培训、为成员国提供资金支持。
国际商法试卷
一．单选1.Which of the following is NOT excluded from the coverage of CISG?A.the legality 合法of the contract.B.the competency资格of the partiesC.the rights of the the third partiesD.the formation构造of a contract2.Literary, artistic and musical works have to meet the following requirement in order to be qualified for copyright protection EXCEPT thatA.they should be the expression of the ideas and feelingsB.they should be able to be reproduced复制in material from.实际形式C.they should be originalD.they should be inventive.3.(C)Under the patent law of China,which is likely to receive4.Which of the statement about French Civil Law and German Civil Law Code is WRONG?A.German came out roughly a century later than French.B.The French was enacted in 1804.C.French was straightforward in terms of language, highly structured and technically precise.D.French basically set out general rules rather than detailed provisions.5. (D)A wrote to B and offered to sell him his set of antique cigarette cards installment of $150.Is there a contract?二．填空1.the major sources of international business law include national law , international treaties and conventions ,international model law and international trade customs and usages.2.Industrial property is in principle divided into two categories: inventions and trademarks.3.According to the time of payment, a bill of exchange can be either a sight bill or a time bill.4.In an FOB term, the seller must load the goods on board the vessel. Cost and risk are divided when the goods are actually on board of the vessel.一．名词解释1.Voyage charterparty (租船合同)A charter party for carriage of a full cargo, not for a period of time, but for one voyage only,between named ports. Charterer assumes no responsibility for operation of vessel but pays stevedoring（装卸）expenses in and out.Charterer is particularly concerned with the laytime, dispatch and demurrage2.OfferAn offer is a proposal by one person to another indicating an intention to enter a contract under specified terms.3.Demurrage (滞留)If charterer loads or discharges cargo in less time than the number of laydays allowed, he earns dispatch money（速遣费）at so much a day or part of a day saved. If he takes longer to load or discharge than the number of laydays allowed, he must pay demurrage at so much aday.二．翻译1．Article 101. An annual session of the shareholders’ assembly shall be held each year. Under any of the following circumstance, an interim shareholders’ assembly session shall be held within 2 months:年度股东大会必须每年都要召开，在以下任意一种情况下，临时股东大会必须在两个月内召开：(1)The number of directors is less than two-thirds of the number of directors as requiredby this Law or the number of directors as specified in the bylaw（细则）.董事人数少于法律所规定的董事人数的2/3或细则中所规定的董事人数。
国际商法(英文)试卷
XX工业大学2014/ 2015学年第二学期试卷 B 卷课程International Commercial Law XX ，班级，学号I.Please explain the following terms(5 point for each):(1) private international law(2)silent partnership(3)copyright(4)preferred stock(5)offer(6) a bill of ladingII.Please answer the following questions briefly(8 point for each):(1)The most important forms of national regulation include?(2)Please name the four basic functions the WTO serves?(3)Please name the three concerns ILO conventions and recommendations have dealtwith?(4) What are carrier’s duties under a bill of lading?(5) Why goods bought for personal, family or household use are excluded?(6)Describe and give comments on irrevocable and revocable letters of credit?III.Please analyze the following cases(10 points for the first one, 12 points for the second one):(1)On January 1, Seller sent a letter to Buyer offering to sell to Buyer 5,000 widgets for $25apiece. The letter also stated: “This offer is binding and irrevocable until February 1.〞On January 5, prior to Buyer’s receipt of the letter, Seller called Buyer on the telephone and left the following message on the answering machine at Buyer’s place of business: “Ignore my letter of January 1. I have decided to withdraw the offer contained in it.〞On January 7, after listening to her answering machine and reading the letter that arrived that same day, Buyer sent Seller the following telegram: “I accept your offer of Jan. 1.〞Is there a contract under the CISG?(2)State A is a member of ILO, but it has not ratified either the ILO Convention ConcerningFreedom of Association or the ILO Convention Concerning the Application of the Principles of the Rights to Organize and Bargain Collectively. Some workers within State A have lodged complaints with the ILO about their rights to associate and bargain collectively. Can the ILO’s Fact-Finding and Conciliation Commission consider their complaints?B卷参考答案I.Please explain the following terms(5 point for each):(1)private international lawPrivate international law is applied to the laws governing conduct between people (and corporations) from different states.(2)silent partnershipA secret relationship between two or more persons, one of whom carries on a business in hisname alone without revealing the participation of the other who has limited personal liability..(3)copyrightA copyright is title to certain pecuniary rights and, in most countries, certain moral rights fora specified period of time.(4)preferred stockPreferred stock entitles owners to a guaranteed dividend, a priority at the time of liquidation, or some other preference over ordinary shareholders.(5)offerAn offer is a proposal addressed to specific persons indicating an intention by the offeror to be bound to the sale or purchase of particular goods for a price..(6)a bill of ladingA bill of lading I san instrument issued by an ocean carrier to a shipper with whom the carrier hasentered into a contract for the carriage of goods.II.Please answer the following questions briefly(8 point for each):(1)The most important forms of national regulation include (a) the regulation of competition; (b) the regulation of injuries caused by defective products;(c) the prohibition of sharp sales practices;(d) the regulation of labor and employment; (e) the establishment of accounting standards; (f) taxation.(2) The WTO serves four basic functions: (a) to implement, administer, and carry out the WTO Agreement and its annexes; (b) to act as a forum for ongoing multilateral trade negotiations; (c) to serve as a tribunal for resolving disputes; (d) to review the trade policies and practices of member states.(3)Please name the three concerns ILO conventions and recommendations have dealt with?ILO conventions and recommendations have dealt with three concerns. First, they have focused on the basic issues of labor protection, and the protection of women and children. Second, they have concentrated on setting up the basic machinery and institutions the tare needed to make labor protection effective. Third, they have worked to promote and protect the human rights and fundamental freedoms of workers.(4)A carrier transporting goods under a bill of lading is required to exercise “due diligence〞in :(a) making the ship seaworthy; (b) properly manning, equipping, and supplying the ship; (c) making the holds, refrigerating and cool chambers and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage, and preservation; (d) properly and carefully loading, handling, stowing, carrying, keeping, caring for and discharging the goods carried.(5) Goods bought for personal, family and hoursehold use excluded for two reasons: (a) a double standard could arise if different rules governed sales by local shopkeepers to foreigners. (b) many local laws protect consumers, and that protection would be lost if CISG is applied.(6) Irrevocable letters of credit cannot be altered without the beneficiary’s express consent. Revocable letters of credit are revocable by the issuing bank. The former is preferred by beneficiaries because it provides the most security. The later is disliked by beneficiaries because it provides the least security.III.Please analyze the following cases(10 points for the first one, 12 points for the second one):(1)On January 1, Seller sent a letter to Buyer offering to sell to Buyer 5,000 widgets for $25apiece. The letter also stated: “This offer is binding and irrevocable until February 1.〞On January 5, prior to Buyer’s receipt of the letter, Seller called Buyer on the telephone and left the following message on the answering machine at Buyer’s place of business: “Ignore my letter of January 1. I have decided to withdraw the offer contained in it.〞On January 7, after listening to her answering machine and reading the letter that arrived that same day, Buyer sent Seller the following telegram: “I accept your offer of Jan. 1.〞Is there a contract under the CISG?分析：根据联合国国际货物销售合同公约的规定，本案中的合同没有成立。
(完整版)国际商法英语试卷
长沙理工大学拟题纸(A)课程编号拟题教研室（或老师）签名教研室主任签名……………………………密…………………………封…………………………线……………………………课程名称（含档次）国际商法英语（1---A卷）专业层次（本、专）本科专业英语专业考试方式（开、闭卷）开卷考生注意事项：答案一律做在答题纸上，否则无效Ⅰ. Judge whether the following statement are true or false. (10 × 2’ = 20’)1.At present, there is no uniform code on international business so national business laws of somecountries will be used to regulate international business relationship and deal with someinternational business disputes. ( ) mon law is a matrix of case law and statutes; it uses the jury system and the doctrine ofsupremacy to limit the actions of the government. ( ) 3.The civil law is the easier of the main legal traditions to be received, as it is encapsulated inconvenient codes and it deals primarily with private law that is of little threat to the localpolitical system. ( ) 4. A request or invitation to negotiate is an offer. It is only an expression of a willingness todiscuss the possibility of entering into a contract. ( ) 5.The contracting party who makes a promise is known as the promise; the one to whom thepromise is made is the promisor. ( ) 6.Acceptance of a unilateral offer is effective upon full performance of the requested act.Generally, no communication is necessary. ( )7.Goods bought for personal use are included under CISG. ( )8.Specific performance is one of the remedies unique to the seller. ( )9.Agent can perform legal acts that bind the principal. ( )10.Copyright is the primary method of protecting and rewarding inventions. ( ) Ⅱ. Put the following terms into English or Chinese. (15 ×1’ = 15’)大陆法系普通法系允诺的禁止反悔准合同损害赔偿金非违约方付款交单出口许可证firm offeroffereefranchisemost-favored-nation treatmentrestrictive trade barriersDispute Settlement Systempublic companyⅢ. Giving brief definitions of the following terms. (5 × 3’ = 15’)1.precedent2.consideration3.specific performance4.service mark5.trade secretsⅣ. Answer the following questions. (5 × 4’ = 20’)1.Consider the layout of an integrated circuit, which is copyrightable, the drawing of the circuit orthe actual circuit? Why?2.How many ways are there to terminate an offer?3.What are the duties of issuing bank in a L/C transaction?4.What are the functions of B/L in international transactions?5.What are the main international treaties dealing with patents?Ⅴ. Case analysis (3× 10’= 30’)1.Johnson took his daughter to Mike, a doctor, and asked Mike to operate on the daughter’s hand,which had been scarred in an accident. Mike said the girl would be in the hospital for three or four days and that the hand would probably deal within a few days. The hand became infected, and daughter was hospitalized for three months.Did the father win a suit for breach of a contract?2.Your contract with Sheikh Enterprises to sell it you office-equipment business under aninstallment sales contract requiring 12 monthly payment. Sheikh Enterprisers decides not to buy the business but knows of another party, A & N Corporation, interested in doing so. All three of you get together and agree to a new contract under which A & N Corporation agrees to purchase your business. Is the original contract discharged and replaced with the new contract?3.Bruce is hired as a booking agent for a rock group, the Crash, as the group’s agent. Bruce cannegotiate contracts for the rock group to appear at concerts. Are the contracts binding and legally enforceable against the group?。
- 1、下载文档前请自行甄别文档内容的完整性，平台不提供额外的编辑、内容补充、找答案等附加服务。
- 2、"仅部分预览"的文档,不可在线预览部分如存在完整性等问题,可反馈申请退款(可完整预览的文档不适用该条件!)。
- 3、如文档侵犯您的权益，请联系客服反馈,我们会尽快为您处理(人工客服工作时间：9:00-18:30)。
浙江工业大学2014 / 2015学年第二学期试卷 B 卷课程International Commercial Law 姓名，班级，学号I.Please explain the following terms(5 point for each):(1) private international law(2)silent partnership(3)copyright(4)preferred stock(5)offer(6) a bill of ladingII.Please answer the following questions briefly(8 point for each):(1)The most important forms of national regulation include?(2)Please name the four basic functions the WTO serves?(3)Please name the three concerns ILO conventions and recommendations have dealtwith?(4) What are carrier’s duties under a bill of lading?(5) Why goods bought for personal, family or household use are excluded?(6)Describe and give comments on irrevocable and revocable letters of credit?III.Please analyze the following cases(10 points for the first one, 12 points for the second one):(1)On January 1, Seller sent a letter to Buyer offering to sell to Buyer 5,000 widgets for $25apiece. The letter also stated: “This offer is binding and irrevocable until February 1.” On January 5, prior to Buyer’s receipt of the letter, Seller called Buyer on the telephone and left the following message on the answering machine at Buyer’s place of business: “Ignore my letter of January 1. I have decided to withdraw the offer contained in it.” On January 7, after listening to her answering machine and reading the letter that arrived that same day, Buyer sent Seller the following telegram: “I accept your offer of Jan. 1.” Is there a contract under the CISG?(2)State A is a member of ILO, but it has not ratified either the ILO Convention ConcerningFreedom of Association or the ILO Convention Concerning the Application of the Principles of the Rights to Organize and Bargain Collectively. Some workers within State A have lodged complaints with the ILO about their rights to associate and bargain collectively. Can the ILO’s Fact-Finding and Conciliation Commission consider their complaints?B卷参考答案I.Please explain the following terms(5 point for each):(1)private international lawPrivate international law is applied to the laws governing conduct between people (and corporations) from different states.(2)silent partnershipA secret relationship between two or more persons, one of whom carries on a business in hisname alone without revealing the participation of the other who has limited personal liability..(3)copyrightA copyright is title to certain pecuniary rights and, in most countries, certain moral rights fora specified period of time.(4)preferred stockPreferred stock entitles owners to a guaranteed dividend, a priority at the time of liquidation, or some other preference over ordinary shareholders.(5)offerAn offer is a proposal addressed to specific persons indicating an intention by the offeror to be bound to the sale or purchase of particular goods for a price..(6)a bill of ladingA bill of lading I san instrument issued by an ocean carrier to a shipper with whom the carrierhas entered into a contract for the carriage of goods.II.Please answer the following questions briefly(8 point for each):(1)The most important forms of national regulation include (a) the regulation of competition; (b) the regulation of injuries caused by defective products;(c) the prohibition of sharp sales practices;(d) the regulation of labor and employment; (e) the establishment of accounting standards; (f) taxation.(2) The WTO serves four basic functions: (a) to implement, administer, and carry out the WTO Agreement and its annexes; (b) to act as a forum for ongoing multilateral trade negotiations; (c) to serve as a tribunal for resolving disputes; (d) to review the trade policies and practices of member states.(3)Please name the three concerns ILO conventions and recommendations have dealt with?ILO conventions and recommendations have dealt with three concerns. First, they have focused on the basic issues of labor protection, and the protection of women and children. Second, they have concentrated on setting up the basic machinery and institutions the tare needed to make labor protection effective. Third, they have worked to promote and protect the human rights and fundamental freedoms of workers.(4)A carrier transporting goods under a bill of lading is required to exercise “due diligence” in : (a) making the ship seaworthy; (b) properly manning, equipping, and supplying the ship; (c) making the holds, refrigerating and cool chambers and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage, and preservation; (d) properly and carefully loading, handling, stowing, carrying, keeping, caring for and discharging the goods carried.(5) Goods bought for personal, family and hoursehold use excluded for two reasons: (a) a double standard could arise if different rules governed sales by local shopkeepers to foreigners. (b) many local laws protect consumers, and that protection would be lost if CISG is applied.(6) Irrevocable letters of credit cannot be altered without the beneficiary’s express consent. Revocable letters of credit are revocable by the issuing bank. The former is preferred by beneficiaries because it provides the most security. The later is disliked by beneficiaries because it provides the least security.III.Please analyze the following cases(10 points for the first one, 12 points for the second one):(1)On January 1, Seller sent a letter to Buyer offering to sell to Buyer 5,000 widgets for $25apiece. The letter also stated: “This offer is binding and irrevocable until February 1.” On January 5, prior to Buyer’s receipt of the letter, Seller called Buyer on the telephone and left the following message on the answering machine at Buyer’s place of business: “Ignore my letter of January 1. I have decided to withdraw the offer contained in it.” On January 7, after listening to her answering machine and reading the letter that arrived that same day, Buyer sent Seller the following telegram: “I accept your offer of Jan. 1.” Is there a contract under the CISG?分析：根据联合国国际货物销售合同公约的规定，本案中的合同没有成立。