国际商法合同法案例分析

0Questions and Case Problems1. At 9 a.m., Menniu airs an ad on the radio station: “Anyone who runs from Shengle to Daqingshan before 12 today will get RMB 1000 from Menniu”. Upon hearing the ad, Chen immediately goes to Shengle and began to run. About one hour later, when he was about halfway to Daqingshan, Menniu places an employee on the road who tells Chen “Menniu revokes”. Chen completes the running to Daqingshan at about half past eleven. Is there a contract between Chen and Menniu? Can Chen recover anything?2. Dong began working for Grant, Inc., in 1959. Dong agreed to work at a lower pay rate in exchange for a promise that Grant would employ him “for life”. In 1975, Oliver Really, Inc, took over the management of Grant. Oliver’s president assured former Grant employees that existing employment contracts would be honored. During that year, Dong explained the terms of his agreement to an Oliver supervisor. The supervisor stated that he would look into the matter but never got back to Dong. After twenty-four years of service, Dong was fired by the new owners. Dong sued Oliver for breach of a unilateral contract. Discuss whether a unilateral contract exists.3. Zheng contacts Zhai and offers: “When you finish cleaning my apartment, I’ll pay you 100 yuan.” Zhai responds: “I accept your offer.” Is there a contract? Bilateral or unilateral? Is the distinction important?4. Lao Chen is a friend of Wang, the owner of a grocery store. Everyday at lunch Chen goes to the store and looks at the fruit. After examining the fruit and talking to Wang, Chen buys one or two kilos of the fruit. One afternoon, Lao Chen goes into the store, looks at the fruit, picks up a 10-yuan-bag of apples and, seeing that Wang is busy, waves the apples at Wang without sayinga word and walks out. Is there a contract? If so, classify it as disused in this chapter.5. Elderly Josephine Wideman moved in with her daughter and son-in-law so that they could care for her. Until that time, each of Wideman’s children had periodically lived with her in her own home. While Wideman lived with her daughter, other members of Wideman’s family would care for her while the daughter was at work. Wideman always paid her family members for these services, and the evidence supported the proposition that Wideman intended that everyone who cared for her should be paid. The daughter was never paid. When Wideman died, her daughter sued for the reasonable value of her services and rent. Discuss on what theory the daughter can sue to state a claim against her mother’s estate.6. Mo is confined to his bed, he calls a friend who lives across the street and offers to sell her his watch for $100. If his friend wishes to accept she is to put a red piece of paper in her front window. The next morning, she places a red piece of paper in her front window. Is the contract formed? Bilateral or unilateral? Explain.7. Lao Meng, an 85-year-old man, collapsed at the Great Wall. Xiao Wang and his girl friend, who did not know Meng, were also at the Great Wall and immediately put Meng on their car, got on the expressway and to him to Beijing Hospital where he was admitted and remained for one week,. Lao Meng never regained consciousness after his collapse. After he died, Wand sued Lao Meng’s estate for the expenses of the car trip and Beijing Hospital sued for the expenses of the hospital stay. Are there contracts? Can Wang and Beijing Hospital recover?8. Wang is the executive Beijing agent for Tech Software Co. His pay is based on commissions only. Wang has difficulty selling Tech’s software since it was developed in Taiwan-usingnon-simplified Chinese. He spends his own time to change it to simplified Chinese, and quickly increases the sale. With Wang’s permission, Tech incorporates these changes into all of it software and sells a lot outside of Beijing. Wang sues in quasi-contract for a portion of the increased sales profits outside of Beijing. Result?9. Ben writes Xue and inquires how much Xue is asking for a specific forty-acre tract of land Xue owns. In a letter received by Ben, Xue states, “I will not take less than %60,000 for the forty-acre tract as specified.”Ben immediately sends Xue a telegram stating, “I accept your offer for $60,000.” Discuss whether Ben can hold Xue to a contract for the sale of the land. 10. As a bank officer, you have responsibility for purchasing word processing equipment. On May 6th, the ABC Manufacturing Corp. sends you a letter offering to sell your bank some word processing equipments at a price of $10,000. The letter states that the offer is to remain open until May 20. On May 12, you write ABC a letter stating, “Offer appears a little high; I am sure you can do better. I will need presidential approval for the $10,000 offer. I have authority to purchase word processing equipment for $8,500 and will buy your products at that price. ” ABC receives the letter on May 16. On May 15, the president of your bank approves the $10,000 purchase. On the same date, ABC sends you a letter revoking its offer. The letter of revocation is received at your bank at 11∶15 A.M. on May 19. On May 19 at11∶00 A.M., you send ABC the following telegram: “Accept your offer for $10,000.” Because of a delay by the telegraph company, this massage is not delivered until May 21.(a) Discuss the legal effects of ABC’s revocation sent on May 15.(b) Discuss fully the legal effects of your response sent on May 12.(c) Does your bank have a contract since the telegram was not delivered until, May 21?11. On May 1, Dragon Realty Company offered to sell Lot 1 to Tongzhou, Inc. for ￥1,000,000. The offer was made by e-mail and stated that the offer would expire on May 15. Tongzhou decided to purchase the property and sent a registered letter to Dragon on May 10, accepting the offer. Due to unexplained delays in the postal service the letter was not received by Dragon until May 22. Dragon wishes to sell Lot 1 to another buyer, who is offering ￥1,200,000 for the tract of land. Has a contract resulted between Tongzhou and Dragon?12. A plaintiff is attempting to recover death benefits under a life insurance policy. The policy contained a provision that allowed the policy owner to terminate the policy and receive its so-called cash value. All that the company required was a written request received at the home office. The owner of the policy died after having sent a letter requesting the cash value of the policy (which was much less than the face value). The letter was received after the policy owner died. The representative of the deceased owner contented that the estate was entitled to the death benefits of the life insurance policy. What was the result?13. James sent invitations to a number of potential buyers to submit bids for some timber he wanted to sell. Two bids were received as a result, the higher one being that submitted by Eames. James changed his mind about selling the timber, however, and did not accept Eames’bid. Eames claimed that a contract for sale existed and sued James for breach. Did a contract exist? Discuss.14. On July 31, 1996, Lee Calan Imports (the defendant) advertised a 1964 V olvo Station Wagon for sale in the newspaper. The defendant had instructed the newspaper to advertise the price of the automobile at $1,795. Through an error of the newspaper, however, and without the fault of the defendant, the newspaper inserted a price of $1,095 for the automobile in the advertisement.Christopher (the plaintiff) visited the defendant’s place of business, examined the automobile, and stated that he wished to purchase it for $1095. One of the defendant’s sales agents refused to sell the car for the erroneous price listed in the advertisement. Christopher sued Lee for breach of contract, claiming the ad constituted an offer that had been accepted by Christopher. Discuss whether there is a contract.0Questions和案例问题1。