案例(英文)

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LG人力资源案例分析(英文版)

THE CASE ANALYSIS OF LGOur group did some case study of the LG. We can learn that the history of LG Electronics has always been surrounded by the company's desire to create a happier, better life.LG Electronics was established in 1958 and has since led the way into the advanced digital era thanks to the technological expertise acquired by manufacturing many home appliances such as radios and TVs. LG Electronics has unveiled many new products, applied new technologies in the form of mobile devices and digital TVs in the 21st century and continues to reinforce its status as a global company.South Korea's cultural backgroundAs we all know,differentcountries and regions of the culture will be different, and about South Korea's cultural background we know have serval part of understanding. To start with, In South Korea the family, the father as a family elder, his wife and children must become a model of respect and emulate, and its authority to statesman. This paternalistic authority acts directly manifested in the business owners and managers in leadership. They manage subordinate staff time, to play its competence and authority to rule his subordinates, subordinates expect their warmth and loving obedience to their authority while conscious. We called that Parental authority. Next, the idea of master-slave relationship and obedience heart vertical of privileges Korean relations between enterprises in the business owners and the staff has a great influence. So obedience awareness of the genus is one of the important factors of centralized decision-making structure of Korean companies in the host system.In addition, affiliation and exclusive awareness is theanother feature of Korean traditional culture , which means is blood and geopolitical and learning edge to the center of affiliation and exclusive awareness on human relations, the relationship between the group and the formation of the rights structure plays a decisive role. Such subordinate consciousness and exclusivism is the result of influence by the traditional Confucian thinking of the family-centered. Confucian thought by advocating for seniors and respect for parents as well as immediate family intimacy for the first consciousness with great impact. The difference between the two classes and the common people, the highly educated and lower levels of education to traditional social class consciousness, status and identity consciousness with great impact.Finally, about Ownership and management structure,In South Korea, the eldest son of the traditional system of priority as the center, the eldest sonInherit ownership of enterprises, this system enables concentration of ownership in the businessLord's family, which is an important factor in the formation of centralized system management structure.Moreover, from a historical point of view, Korea is very limited private capital, business capital and concentrated in a few wealthy classes, so that enterprises have to rely on banks. This business structure is formed with government interference in business related.LGE HR SystemAbout the LG HR system, we knew thatLG Electronics utilizes a variety of recruiting channels to secure top-quality global talent. Once employed, they are given many opportunities throughout their careers to make use of lifelong education resources and develop into global business leaders.In an effort to foster greater talent based on a longer-term strategy, LG Electronics offers three different career development tracks (Business Leader, Function Leader, and Expert) to satisfy disparate career development needs and offers a wide range of training programs tailored specifically to their career development tracks and stages.LGE’s annual recruitment events have been holding in universities in Korea and overseasto acquire outstanding individuals throughout the world. LG Electronics has in place a comprehensive range of employee development programs, which focus on providing support tailored to the career development needs of individual employees.When sending employees to an overseas subsidiary, LGE provides a training program involving work, language, culture, and leadership so that the employees can communicate with locals, which called the Overseas Employee Adaptation Program. In order to help our employees achieve both individual and organizational growth, LG Electronics operates the Job Training Program as a part of the Company’s employee training system.LGE has a single standardized process that governs the evaluation and incentive systems for all our employees. Its performance-based evaluation process takes a relative approach to raise the effectiveness of evaluation and facilitate differentiated compensation. LGE has established corporate-wide standard process and regulations, and it has been applying this towards the evaluation/incentive HR system. Capability evaluation on performance and team capability of office employees is conducted once a year to comprehensively evaluate the employee’s degree of achievement of goals, difficulty of goals, and competitiveness. The performance evaluation will be reflected on the individual’s salary increase & incentive bonus and the capability evaluation will be reflected on promotion. 360-degree multi-faceted evaluation of the leadership of managers is conducted once a year. LGE places high importance on the basic insight of an individual for promotion and conducts a promotion training program to ensure that the promoted employee will possess appropriate insight.All employees of LGE are eligible to join and participate in the activities of labor unions, in accordance with the relevant collective bargaining agreements and labor union regulations. In addition to the quarterly labor-management meeting and annual Collective bargaining, LGE communicates various issues, including working conditions, regularly through diverse channels. Both parties negotiate in good faith and with patience on important agendas to reach an agreement. In addition, LGE also operates the Junior Board to obtain suggestions from both union and non-union members. LGE further makes diverse efforts through various channels to promote effective communication.In order to protect employees’ human rights, promote workplace satisfaction, and provide a healthy and sound working environment, LG Electronics makes every effort to handle employee grievances in a fair and reasonable manner. To this end, LGE operate a three-step employee grievance resolution process composed of submission, resolution, and feedback & awareness promotion.LGE HR FeaturesLGE HR has seven features:Creativity andautonomy: an individual's creativity is the basis for value creation. LG Electronics respects diversity and autonomy, allowing each of its employees to exercise their creativity to the full.Competence: Competence is t he cornerstone of performance and thus LGE takes employees’ competence to be the most important factor their personnel decisions.Performance-based rewards: Rewards based on performance are essential for motivation. LG Electronics evaluates performance results fairly and rewards employees accordingly.Equal opportunities: Equal opportunities build trust among people. LG Electronics ensures equal opportunities among employees regardless of gender, race, age, religion, or nationality.Long-term perspective: Maintaining a long-term perspective is the foundation for LGE's human resource policies. LGE's human resource programs are designed with a long-term perspective and implemented with dedication and persistence.Training:Through its education centers worldwide, LG Electronics offers diverse educational programs to its employees. These opportunities are accorded by rank and job to encourage growth and development—to instill the professional capabilities they’ll most need, such as enabling them to apply the latest technologies to their work.LGE set up a special training center to accept the system requires that each employee a minimum of formal training time.Rewards: LG Electronics employs a competitive, unique rewards system that takes account of employee working situations by nation, region, and job. This rewards system motivates employees to perform better by helping enhance their quality of life. LGE's rewards system features both fixed salaries and flexible salaries. Fixed salaries are determined every year through a fair evaluation process. Flexible salaries are immediate rewards given to individual employees for their performance and competence.Similarities and DifferencesAbout the HR of similarities and differences in China and South Korean, our group also had research and found five aspects.The first aspect about high power distance, soften the gap, South Korean companies a high degree of family-based and the joining together of ownership and management, cause a south Korean company highly centralized, and the leadership of enterprises enjoy great authority, the low degree of employee participation. In order to make up for shortcomings arising from highly centralized and South Korean companies in soft management "intelligence" have been very successful. In LGE companies, leadership attaches great importance to harmony and peace, and at the same time especially between different administrativehierarchies, attaches great importance to its subordinate relationship, trying to understanding of the needs and feelings. Managers will constantly create all kinds of communication opportunities, such as invite their subordinates to dinner; Subordinates can also invite the manager went to their homes to chat alone. Produced by this kind of informal communication to make up for a highly centralized communication is poor, is not conducive to create defects such as the harmonious relationship between employees and managers.The second about the collectivism, and do not break individual character, China and South Korea are collectivism countries. When Chineseenterprises emphasize collectivism with particular emphasis on collective interests above personal interests, and attention to the collective interests sacrifice personal interests, emphasizing personal dedication to the collective. And the collectivism in the Korean corporate culture is a kind of pursuit of the overall means of excellence, by unanimous pursuit to maximize the overall interests. Although the Confucian cultural influence on South Korea, but due to the effect of American individualism, South Korea's corporate culture and advocating competition, emphasize individual ability.LGE motivates every employee to become a collective one molecule, with particular emphasis on pride, the sense of cooperation and solidarity, and motivate employees cultivate the spirit of collectivism, and solidarity, unite to contribute to the enterprise.Strong Masculinity, and do not break traditional feminism is the third aspect .Korean culture with the Confucian culture core values such as righteousness, loyalty, self-effacing, reflecting the traditional feminism. In the LGE shows: through internal unity and harmony, realize commonefforts; Avoid extreme opposites, with compromise way to solve the contradiction; Attaches great importance to the feminist characteristics of non-material incentives.But at the same time, because of the special history and geography background, after entering the modern, South Korea has a blend of Buddhist and Christian and other foreign culture, in the realm of ideas to achieve the transformation of the core values of Confucianism and alienation. And it is this combination of ethics and western civilization of the east, and South Korean people have a strong sense of self-excitation and exclusive sense of urgency and solidarity, achievement of strong masculinity values.Next, South Korean companyindustrious and enterprising risk-taking to avoid uncertainty. Because of South Korea's lack of natural resources and social unrest, so that the Korean people's psychological produced a survival crisis. In order to minimize the uncertainty of life, the South Korean people are especially diligent. Serious working attitude and diligent work ethic becomes an important feature of LGE’s culture. But on the ot her hand, due to the influence of American culture, LGE full of enthusiasm and challenging spirit, boldly into new areas to overseas investment, risk, to stability.Train their consciousness of family community around the uncertainty. South Korean companies try to give employees the working relationship between stability and good working environment. LGE has established such as treatment for employees to take family members, induced by providing business intelligence staff involved in enterprise management, lifelong employees and a series of system, making LGE management activities can go smoothly in the stable labor relations.The last, long-term and short-term oriented combination, Korean companies are an excellent fusion of Chinese Confucian culture and Western culture combination, LGE not only pay attention to short-term shareholder returns, but also pay attention to the customer, and environmental development, pay more attention to social responsibility as a precondition for sustainable development.South Korean entrepreneurs with long-term development vision and can focus on the short to medium term. LGE companies can have today's achievement, over theyearunremitting efforts, with the result of the long-term strategic development vision. No one is born with a very strong business, mostly to experience steeled from weak to strong, and gradually grow in the process.These are our group survey of case analysis of LG.。

英文法律案例分析题(3篇)

第1篇Introduction:The case of Smith v. Johnson is a notable legal dispute that revolves around the issue of negligence and breach of contract. This case has significant implications for the interpretation of contractual obligations and the application of the principle of negligence in tort law. The following analysis will delve into the facts of the case, the legal arguments presented by both parties, and the reasoning behind the court's decision.Facts of the Case:John Smith, the plaintiff, entered into a contract with Michael Johnson, the defendant, to construct a new house on a piece of land owned by Smith. The contract explicitly stated that Johnson was to complete the construction within six months from the date of the agreement. However, Johnson failed to meet the agreed-upon deadline and completed the construction after eight months.During the construction period, Smith noticed several defects in the house, including cracks in the walls, leaks in the roof, and improper electrical wiring. Smith notified Johnson of these defects, but Johnson failed to rectify them. As a result, Smith incurred additional expenses for repairs and alterations to the house.Smith brought a lawsuit against Johnson, claiming that Johnson breached the contract by failing to complete the construction within the agreed-upon timeframe and by failing to rectify the defects. Johnson, on the other hand, argued that he was not negligent and that any defects in the construction were not his fault.Legal Arguments:1. Breach of Contract:Smith's primary legal argument was that Johnson breached the contract by failing to complete the construction within the agreed-upon timeframe. He relied on the provisions of the contract and the principle of privityof contract, which states that only parties to a contract can enforceits terms. Smith argued that Johnson's failure to complete the construction on time caused him financial loss and damage to his property.2. Negligence:Smith also alleged that Johnson was negligent in the construction process, leading to the defects in the house. He argued that Johnson's failure to take reasonable care during the construction resulted in the defects, and that Johnson should be held liable for the resulting damages.Defenses:1. No Breach of Contract:Johnson argued that there was no breach of contract because the contract did not explicitly state penalties for late completion. He claimed that the contract was a mere agreement to construct a house and that there was no enforceable obligation to complete the construction within a specific timeframe.2. No Negligence:Johnson denied any negligence on his part and argued that the defects in the house were due to unforeseen circumstances or inherent defects in the materials used. He claimed that he acted with due care and that any defects were not his fault.Court's Decision:The court, after considering the evidence and arguments presented by both parties, found Johnson liable for both breach of contract and negligence. The court held that the contract explicitly stated the timeframe for completion, and Johnson's failure to meet that deadline constituted a breach of contract. The court also found that Johnson was negligent in the construction process, as he failed to take reasonable care to ensure the quality of the work.The court awarded Smith damages for the additional expenses incurred due to the defects in the house. The court also ordered Johnson to rectify the defects at his own expense.Reasoning:The court's decision was based on the following reasoning:1. Breach of Contract:The court held that the contract between Smith and Johnson was a valid agreement, and the terms of the contract were clear and enforceable. The court emphasized that the contract explicitly stated the timeframe for completion, and Johnson's failure to meet that deadline was a clear breach of contract.2. Negligence:The court found that Johnson was negligent in the construction process. The court held that Johnson had a duty to take reasonable care in the construction work and that his failure to do so resulted in the defects in the house. The court also considered the principle of proximity, which requires the court to determine whether the plaintiff's harm was a reasonably foreseeable result of the defendant's actions.Conclusion:The case of Smith v. Johnson highlights the importance of adhering to contractual obligations and taking reasonable care in the performance of duties. The court's decision emphasizes the enforceability of contracts and the principle of negligence in tort law. This case serves as a valuable precedent for future legal disputes involving breach of contract and negligence claims.第2篇Introduction:In this legal case analysis, we will delve into the case of Smith v. Johnson, a landmark case that addresses the issue of negligence and its implications in the context of property damage. The case revolves aroundthe negligence of the defendant, Johnson, in relation to the property owned by the plaintiff, Smith. The court's decision in this case will have significant implications for the law of negligence and property damage claims.Background:The plaintiff, Smith, owned a residential property in a busy urban area. The defendant, Johnson, was a tenant who rented a part of the property for commercial purposes. During the tenancy, Johnson caused significant damage to the property due to his negligence in handling a gas leak. The gas leak resulted in a fire that destroyed a portion of the property. Smith filed a lawsuit against Johnson, seeking compensation for the damages caused.Facts:1. Smith owned a residential property in a busy urban area.2. Johnson rented a part of the property for commercial purposes.3. Johnson was responsible for handling the gas leak in his rented space.4. Johnson failed to address the gas leak promptly, leading to a fire that destroyed a portion of the property.5. Smith filed a lawsuit against Johnson, seeking compensation for the damages caused.Issues:1. Did Johnson owe a duty of care to Smith?2. Did Johnson breach the duty of care by failing to address the gas leak promptly?3. Did the breach of duty by Johnson cause the damages suffered by Smith?4. Was the damages suffered by Smith direct and proximate consequences of Johnson's negligence?Discussion:1. Duty of Care:The first issue in this case is whether Johnson owed a duty of care to Smith. The general principle in tort law is that individuals have a duty to act with reasonable care to avoid causing harm to others. In this case, Johnson, as a tenant, had a duty to take reasonable precautions to prevent harm to the property owned by Smith. The court will likely find that Johnson owed a duty of care to Smith, as he had a direct relationship with the property and had a responsibility to maintain it.2. Breach of Duty:The second issue is whether Johnson breached the duty of care by failing to address the gas leak promptly. Johnson's failure to take immediate action in the face of a potential gas leak can be considered a breach of his duty of care. The court will likely find that Johnson breached the duty of care by failing to address the gas leak promptly, as it resulted in a fire that caused significant damage to the property.3. Causation:The third issue is whether the breach of duty by Johnson caused the damages suffered by Smith. The court will need to determine whether there is a direct and proximate causal link between Johnson's negligence and the damages suffered by Smith. In this case, the fire caused by the gas leak is a direct consequence of Johnson's negligence. Therefore, the court is likely to find that the breach of duty by Johnson caused the damages suffered by Smith.4. Damages:The fourth issue is whether the damages suffered by Smith were direct and proximate consequences of Johnson's negligence. The damages in this case are direct and proximate because they resulted from the fire caused by the gas leak, which was directly caused by Johnson's negligence. The court will likely find that the damages suffered by Smith were direct and proximate consequences of Johnson's negligence.Decision:Based on the analysis of the issues, the court is likely to find infavor of the plaintiff, Smith. Johnson owed a duty of care to Smith, breached that duty by failing to address the gas leak promptly, and caused the damages suffered by Smith. Therefore, the court is likely to award Smith compensation for the damages caused by Johnson's negligence.Conclusion:The case of Smith v. Johnson highlights the importance of negligence and its implications in property damage claims. The court's decision in this case will serve as a precedent for future cases involving similar issues. It emphasizes the duty of care that individuals have towards others, particularly in relation to property, and the consequences of failing to act with reasonable care. The decision in this case reinforces the principle that negligence can lead to significant financial liabilityand underscores the importance of taking prompt action to prevent harm.第3篇Introduction:Negligence is a fundamental concept in tort law, which refers to the failure to exercise reasonable care, resulting in harm to another person. This case study focuses on a personal injury claim where the plaintiff claims that the defendant's negligence caused their injuries. The case involves analyzing the elements of negligence, gathering evidence, and determining the liability of the defendant.Background:In this case, the plaintiff, John Doe, is a 45-year-old construction worker who was involved in a motor vehicle accident. The defendant, Jane Smith, is the driver of the vehicle that collided with John Doe. John Doe suffered severe injuries, including a fractured leg and a concussion, which required extensive medical treatment and resulted in a significant loss of income.Facts:On a sunny afternoon, John Doe was walking along the sidewalk when he was struck by a vehicle driven by Jane Smith. The evidence indicates that Jane Smith was driving at a high speed, failed to yield the right-of-way, and was distracted by her phone. John Doe was unable to avoid the collision, resulting in severe injuries.The following are the key facts of the case:1. Jane Smith was driving a car on a public road.2. John Doe was walking on the sidewalk adjacent to the road.3. Jane Smith was driving at a high speed.4. Jane Smith was distracted by her phone at the time of the accident.5. John Doe was unable to avoid the collision due to the speed and distraction of Jane Smith.6. John Doe suffered severe injuries, including a fractured leg and a concussion.Elements of Negligence:To establish negligence, the plaintiff must prove the following four elements:1. Duty of Care: The defendant owes a duty of care to the plaintiff. In this case, Jane Smith had a duty to operate her vehicle with reasonable care and to avoid causing harm to pedestrians.2. Breach of Duty: The defendant breached their duty of care by driving at a high speed and being distracted by their phone.3. Causation: The breach of duty caused the plaintiff's injuries. The evidence indicates that John Doe's injuries were a direct result of the collision with Jane Smith's vehicle.4. Damages: The plaintiff suffered actual damages, such as medical expenses, lost income, and pain and suffering.Analysis:1. Duty of Care: Jane Smith, as a driver, had a duty to operate her vehicle with reasonable care and to avoid causing harm to pedestrians. The evidence shows that she breached this duty by driving at a high speed and being distracted by her phone.2. Breach of Duty: Jane Smith's actions of driving at a high speed and being distracted by her phone constitute a breach of her duty of care. This breach directly led to the collision with John Doe.3. Causation: The evidence indicates that John Doe's injuries were a direct result of the collision with Jane Smith's vehicle. The high speed and distraction of Jane Smith contributed to the severity of John Doe's injuries.4. Damages: John Doe suffered significant damages as a result of the accident. He incurred medical expenses, lost income, and experiencedpain and suffering. These damages are a direct consequence of the negligence of Jane Smith.Conclusion:Based on the analysis of the elements of negligence, it is evident that Jane Smith was negligent in her operation of the vehicle. Her high speed and distraction by her phone directly caused the collision with John Doe, resulting in his injuries. Therefore, Jane Smith is liable for the damages suffered by John Doe. The court should award John Doe compensation for his medical expenses, lost income, and pain and suffering.Recommendation:In this case, it is recommended that John Doe seek legal representation to pursue a personal injury claim against Jane Smith. A lawyer can help gather evidence, negotiate with the insurance company, and ensure that John Doe receives fair compensation for his injuries and damages.Note: This case study is a fictional example for educational purposesand does not represent actual legal cases. The analysis provided is ageneral overview of negligence in tort law and may not reflect the specific legal principles and procedures applicable to real-world cases.。

优秀案例分享英文

优秀案例分享英文One excellent case study is Tesla, the electric vehicle manufacturing company. Tesla has revolutionized the automotive industry with its innovative electric vehicles and energy storage solutions.One of the key reasons why Tesla is considered an excellent example is its commitment to sustainability. The company's mission is to accelerate the world's transition to sustainable energy, and it has made significant progress in achieving this goal. Tesla's electric vehicles are zero-emission, which helps reduce carbon footprints and combat climate change.Tesla's Model S is a prime example of the company's commitment to excellence. It is a luxury all-electric sedan that has set a benchmark for electric vehicles in terms of performance, range, and design. The Model S has won numerous awards and accolades, including being named the Motor Trend Car of the Year in 2013.Another aspect that makes Tesla an excellent case study is its innovative technology. The company has developed and patented several groundbreaking technologies for electric vehicles, such as its lithium-ion battery technology and advanced autopilot system. These technologies have not only enhanced the performance and safety of Tesla vehicles but have also pushed the boundaries of what is possible in the automotive industry.Furthermore, Tesla's marketing and branding strategy has played a significant role in its success. The company has effectively utilized social media and online platforms to create a strong brand presenceand engage with its customers. Tesla owners are often seen as brand ambassadors who passionately advocate for the company's products and mission.Overall, Tesla is an excellent case study because it has successfully disrupted the automotive industry, demonstrated a commitment to sustainability, developed innovative technologies, and effectively marketed its brand. The company's success serves as an inspiration for other businesses looking to make a positive impact in their respective industries.。

parody仿拟的英文例子(一)

parody仿拟的英文例子(一)Parody仿拟的英文Parody是指对某个经典作品进行模仿，吸取其中的元素，并加以修饰和夸大，以达到嘲笑或幽默的目的。

在英文里，parody仿拟也是一种常见的表达方式。

下面列举一些例子并进行详细讲解。

1. Star Wars Parody - SpaceballsSpaceballs是由Mel Brooks执导的一部星球大战parody电影。

该片以搞笑的方式对经典电影《星球大战》进行了非常有趣的模仿，并夸大了角色和情节的特点，使其具有更大的喜剧效果。

例如，片中的一位反派角色名为 Dark Helmet，他戴着很大的黑色头盔，和《星球大战》中的 Darth Vader非常相似。

2. The Simpsons Parody - The Sipmsons Already Did ItThe Sipmsons Already Did It是动画电视剧South Park中的一集，这集剧情主要是讲述了South Park中的两个小孩子Cartman和Butters发现他们所想到的每个计划和主意都在Simpsons中早已经被使用过了。

这个广为流传的片段充分表现了The Simpsons在动画中的parody效果，以及对社会文化的嘲讽和反讽。

3. Alice in Wonderland Parody - Alice in Dali LandAlice in Dali Land是以Alice in Wonderland为基础的一部parody, 这个版本主要以绘画作品家达利的梦幻风格重新演绎了这部经典作品。

整个电影的场景和道具都以达利的风格为主，从而达到艺术和幽默的双重效果。

4. The Lord of the Rings Parody - Lord of the WeedLord of the Weed是互联网上YouTube上的一个parody视频。

这个视频用非常幽默的方式对经典电影《指环王》进行了重现，同时也对电影中一些角色和情节进行了扭曲和夸张。

英文营销案例

英文营销案例One of the most successful English marketing campaigns in recent years is the "Share a Coke" campaign by Coca-Cola. This campaign was launched in 2011 and has since been implemented globally, reaching over 70 countries.The idea behind the "Share a Coke" campaign was to personalize Coca-Cola bottles by replacing the traditional logo with popular names. Each bottle featured a different name, making it more personal and encouraging people to find and share their own name or the name of a loved one. The campaign also featured personalized advertisements and social media activations, allowing consumers to interact and share their own "Share a Coke" experiences.The "Share a Coke" campaign was highly successful for several reasons. Firstly, it tapped into the trend of personalization and customization, which was gaining popularity at the time. By offering personalized bottles, Coca-Cola was able to create a stronger emotional connection with consumers and make their product feel more special and exclusive.Secondly, the campaign leveraged the power of social media. By encouraging consumers to share their "Share a Coke" experiences on platforms like Facebook, Twitter, and Instagram, Coca-Cola was able to generate buzz and increase brand visibility. This helped to create a sense of community and engagement around the campaign, further driving its success.Lastly, the campaign was effective because it appealed to a widerange of demographics. By featuring popular names on the bottles, Coca-Cola was able to target different age groups and create a sense of inclusivity. Whether you were young or old, there was a good chance you could find your name on a Coca-Cola bottle.The impact of the "Share a Coke" campaign was significant. It not only increased sales and market share for Coca-Cola but also boosted brand perception and loyalty. The campaign successfully made Coca-Cola a part of people's personal moments and celebrations, further solidifying its position as a global brand.In conclusion, the "Share a Coke" campaign by Coca-Cola is a shining example of a successful English marketing campaign. By personalizing their bottles, leveraging social media, and appealing to a wide range of demographics, Coca-Cola was able to create a highly engaging and impactful campaign that resonated with consumers around the world.。

国际贸易实务英文案例

An FOB contract stipulated, “The shipment will be effected in March 2008. If the vessel fails to arrive at the port of shipment on time, the seller agrees to set aside the goods for additional 27 days, and the buyer will bear all costs of delay.” It turned out that under the seller ’s repeated requests, the vessel named by the buyer finally arrived at the port of shipment on May 1. As a result, the seller refused to make the shipment. a. Was the seller entitled to compensation for the warehouse rent, insurance and interest due to the delay? b. If the seller had sold the goods to a third party on April 25, should the buyer pay for the delay? c. If If the the the seller seller seller had had had sold sold sold the the the goods goods goods to to to a a a third third third party party party on on on May May May 1 1 1 with with with a a a better better better price, price, price, was was was he he entitled to any compensation? Case 2 A Chinese import and export company concluded a Sales Contract with a Holland firm on August 5, 2000, selling a batch of certain commodity. The contact was based on CIF Rotterdam at USD 2500 per MT. The Chinese company delivered the goods in compliance with the contract and obtained a clean-on-board Bill of Lading. During transportation, however, 100 metric tons of the goods got lost because of rough sea. Upon arrival of the goods, the price of the contracted goods went went down down down quickly. quickly. quickly. The The The buyer buyer buyer refused refused refused to to to take take take delivery delivery delivery of of of the the the goods goods goods and and and effect effect effect payment payment payment and and claimed damages from the seller. How would you deal with this case? Case 3 A contract to sell grain used a CFR term. The grain was officially certified as Grade One at the time of being delivered on board at the port of shipment. After making the shipment, the seller gave gave the the the buyer buyer buyer timely timely timely notice. notice. notice. However, However, However, due due due to to to the the the long long long voyage, voyage, voyage, some some some grain grain grain went went went bad. bad. bad. At At At the the destination, the grain could only be sold as “Grade Three ”. Consequently, the buyer claimed compensation for the damage. Should the seller pay? Case 4 Under a CIF contract, the goods had been loaded on board the vessel according to the terms of the contract. Then the vessel departed. An hour later, the vessel struck on a rock and sunk. The next day the seller ’s bank presented the shipping documents, insurance policy and invoices to the buyer, and demanded payment. a. Should the buyer pay? b. Which party would have to take the loss? Case 5 Dee Dee Co. Co. Co. signed signed signed a a a large large large export export export contract contract contract stipulating, stipulating, stipulating, “Shipment “Shipment “Shipment will will will be be be made made made during during during August August August of of 2008”. But d ue to the problems with the vessel, the shipment was not made until September 13. due to the problems with the vessel, the shipment was not made until September 13. Upon Dee ’s request, the carrier antedated the B/L to August 31. (1) What could be the consequence of antedating? (2) What would be the right thing to do in case of a possible shipment delay? A Chinese exporter signed a CIF contract with a foreign importer. Payment was to be made by irrevocable sight L/C. Both the contract and the L/C prohibited transshipment. Within the validity of of the the the Credit, Credit, Credit, the the the exporter exporter exporter shipped shipped shipped the the the cargo cargo cargo on on on board board board a a a liner liner liner sailing sailing sailing direct direct direct to to to the the the port port port of of destination, and presented the direct B/L for negotiation. Later the foreign issuing bank also made payment against the direct B/L forwarded by the negotiation bank. However, in order to collect some some other other other cargos, cargos, cargos, the the the carrying carrying carrying vessel vessel vessel unloaded unloaded unloaded the the the cargo cargo cargo at at at an an an intermediate intermediate intermediate port port port without without authorization. authorization. The The The cargo cargo cargo was was was instead instead instead reloaded reloaded reloaded on on on to to to an an an old old old vessel, vessel, vessel, and and and thus thus thus arrived arrived arrived at at at the the destination destination two two two months months months late. late. late. As As a result, result, the the the buyer buyer buyer lodged lodged lodged a a a claim claim claim against against against the the the Chinese Chinese Chinese side side side for for fraud, since the cargo was actually transshipped even though the direct B/L was issued. Finally the exporter exporter accepted accepted accepted the the the claim claim claim and and and made made made compensation compensation compensation as as as requested, requested, requested, as as as he he thought thought that that that he, he, he, as as as the the person booking the vessel, should be liable for the carrier ’s unauthorized transshipment. (1) Do you think the settlement of this case appropriate? (2) Who should bear the loss? Why? (3) Who should be liable for the damage? Why? (4) What should the seller do? Case 7 On September 1, X company signed a contract to export goods to the U.S. on September 30, City Bank sent an irrevocable L/C with an amount of USD 30,000. The L/C stipulated shipment during October, and Bank of Tokyo to be the reimbursing bank. On October 2, Bank of China advised X of the L/C. But ten days later, X learned that the importer was near bankruptcy. How should X deal with the situation? Case 8 A A Chinese Chinese Chinese company company company exported exported exported food food food products products products to to to Rotterdam Rotterdam Rotterdam under under under L/C. L/C. L/C. The The The L/C L/C L/C stated stated stated that that that the the exporter should provide Sanitary Inspection Certificate in which the wording “The food products are free from illness and are up to standards for eating ” was required. After shipment, when the exporter negotiated for payment, the negotiating bank found that the certificated presented by the exporter exporter didn didn ’t t show show “The The food food food products products products are are are free free free from from from illness illness ” required required in in in the the the L/C. L/C. L/C. The The negotiating bank deemed it a discrepancy and the exporter had to ask the inspection body to issue another another certificate certificate certificate that that that was was was in in in line line line with with with the the the requirement requirement requirement of of of the the the L/C. L/C. L/C. As As As a a a result, result, result, the the the exporter exporter suffered losses resulted from the 20 day ’s delay in the settlement for payment. What lesson should the exporter learn from this case? Case 9 Company A signed a contract with a foreign importer, exporting agricultural products. The date for signature signature was was was September September September 1 1 1 and and and the the the time time time for for for shipment shipment shipment stipulated stipulated stipulated in in in the the the contract contract contract was was was October, October, November and December. However, after the mid-September, the domestic price of the contracted product product was was was rising rising rising to to to a a a significant significant significant extent. extent. extent. Company Company Company A A A found found found it it it would would would suffer suffer suffer great great great loss loss loss if if if it it exported the goods according to the contract. Upon investigation, the reason for the rising of the price was the serious flood took place in the producing area in mid-July. Can Company A resort to force majeure clause for the avoidance of its contractual obligations? Why? 。

学生英文案例

Case 1 〔代收行违约〕The PartiesThe IssueChina Fireworks Co. sold a container load of fireworks to U.S. Fireworks on D/P terms.The exporter faxed a copy of the Bill of Lading and the invoice to the buyer with confirmation that the goods would be shipped via United Shipping on the freighter Morristown on May 16th. The fireworks were to arrive at the bonded warehouse in New York City on June 15th.On November 15th, a full five months after the goods arrived in the U.S., China Fireworks, which had still not received payment or any correspondence from the U.S. bank, placed the account with ABC-Amega for collection.After some research by the documentary collections clerk, ABC-Amega found that the bank's file did still contain the bill of exchange, which ha d not been signed by the buyer. The clerk also informed the collector that the bank had foreclosed on the buyer's account to recoup their security interest. Therefore, there would be no payment for the fireworks.Recourse1. Breach of fiduciary trust2. Negligence3. Actual damages of $1.2 million (the value of the goods)Suit requirements (costs) were sent to China Fireworks along with instructions as to what else would be needed to mount their claim against the U.S. Bank. These included:1. A notarized and legalized affidavit from Mr. Zhang of China Fireworksattesting to the documents he prepared.2.3. Assurance from both China Fireworks and the Chinese bank that thetwo gentleman involved would, if necessary, appear as witnesses attrial.The ResultsAt the conclusion, the court granted Judgment to China Fireworks:•$1.2 million actual damages (cost of the fireworks)•$4.8 million punitive damages•$10,000 interest•$550,000 attorney’s fees•$2,200 costsQuestionWhat can you learn from the case?Case 2银行付款转让的讨论•Bank A in Vietnam received a collection docs subject to URC522 from a remitting bank in Hongkong. Tenor: DA 90 days from B/L date. Uponacceptance of the Drawee, Bank A released the doc and sent advice of acceptance to the Remiting bank with maturity date as 4 July 2022.However, because of the internal policy, bank A was unable to finance the drawee on the maturity date. Then, the drawee was unable to effect payment through bank A .According to remitting bank’s instructions (by swif t msg) and in line with the drawee’s instructions, Bank A forwarded all copy of docs, originalcovering letter and swift msg of remitting bank to us and instructed us to effect payment (The reason is that we are ready to finance thedrawee to effect this payment)Question:According URC522, could our bank make payment for the a/m docs?If the answer is “NO〞, could our bank make this payment outsideURC522? In this case, what should we do to avoid risks?〞•Case 3 课本128页案例Case 4••Who will win the case and why?Case 5•Case 6Lander vs Metrobank•(GR No. 159622 July 30, 2004, Santiago)•Facts: The business of the petitioner is importation of welding rods. Lander opened a LC with Metrobank and as security, a trust receipt was executed by Lander in favor ofMetrobank. The TR matured but Lander was unable to pay Metrobank so the formerreturned the goods to Metrobank to avoid criminal liability (estafa). Metrobank sold thegoods in an auction but the proceeds were not sufficient to satisfy the entire obligation of the petitioner.• 1. Can the Metrobank claim the deficiency?• 2. Can we not consider the return of the goods in full satisfaction of Metrobank’s claim against the petitioner?Case 7•The Ontario Superior Court of Justice recently considered an application by Piaggio & .(“Piaggio〞), an Italian manufacturer of motorcycles and scooters, arising from a dispute in connection with a refusal of payment by the Bank of Nova Scotia (the “Bank〞) under three letters of credit (the “LCs〞). The case (2022 ONSC 2567) is instructive of the care required when taking letters of credit and presenting them for payment.•The Bank’s Refusal•The Bank’s refusal to pay funds to Piaggio pursuant to the LC’s was on the basis that the named beneficiary of the LC’s did not conform to t he name on the draw documents in amaterial respect. The Bank also refused to honour one of the LC’s on the basis thatPiaggio did not provide all of the original amendments to the first LC. Piaggio sought an order from the Court requiring the Bank to honour the LCs and pay the face amount ofeach with interest.•The Beneficiary Description Issue•The Bank’s Position•Piaggio and the Bank disputed the materiality of the differences between the named beneficiary on all three of the LCs versus the presentation documents provided to theBank. The Bank took the position that it could not honour the LCs on the basis that there were material discrepancies between the named beneficiary in the LCs (“PIAGGIO ANDC.S.P.A./APRILIA〞or “PIAGGIO AND C.S.P.A. (APRILIA)〞) and Piaggio’s nameas set out in the presentation documents (“Piaggio & .〞), which was Piaggio’s properlegal name.•Piaggio’s Position••How the court should judge the case?Case 8-Documents of the second shippment are accepted.-L/C amount to be increased to 75,000.$.- Latest shipment date and expiry date are extended (where a third shipment can be made).The issuing bank rejected the docs presented (within the 5 days) due to overdrawing the L/C amount, considering that the beneficiary presented docs for 85 thousand , where the L/C amount must not exceed 75 thousand after the amendment, and requested the nominated bank to reverse it's entry.The issuing bank argued that when the 2nd. shipping docs were accepted the total amount of presentations reached 60 thounsand,then the L/C was amended to be 75 thousand,so the beneficiary will only have a remaining balance of 15 thousand $. the nominated bank argued that the 10 thousand overdrawing did not affect the L/C amount, because they were sent for payment, accordingly the L/C was amended to be 75 thousand instead of 50 thousand which enabled the beneficiary to present a 3rd. shipping docs for 25 thousnd $.WHICH BANK’s DECIDION DO YOU THINK IS CORRECT ?Case 9Montrod Ltd v Grundkotter Fleischvertriebs-GmbHAt first instance, the judge also rejected Montrod’s submission that the issuing bank was entitled to refuse payment on the basis that the bank and the seller had been informed that the inspection certificate had not been signed or authorized by Montrod and ‘as such was a “nullity〞and/or a non-conforming document’. That issue then came before the Court of Appeal, which, as we shall see, veered towards the autonomy part of the spectrum, without realizing that nullity and non-conformity already lay at the end.Suppose you are the judge of the Court of Appeal, make your final decision.。

英文案例分析

Case 1One Chinese company exported a contract of Grade B Peanuts to a 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 2One Chinese company exported a contract of agricultural products to a 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 a 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 that the seller’s delivery quality is inconsistent with the requirement of the buyer, which leads to the buyer’s claim, the seller may ask the buyer for a sample in advance and the seller shall provide a tailored sample according to the sample from the buyer for confirmation; this is called “confirming sample”. When the sample is confirmed by the buyer, all the quality of the goods must be the same as the sample’s. In the contract, it’s beneficial for the seller to issue the quarantine inspection and quarantine certificates.Case 3A China’s export company made a transaction of apples with a foreign company. It’s stipulated “second-class apple”in the quality terms on the contract of sales and letter of credit. However, they found the second-class apple had been all sold out when they began to arrange the shipment. As a result, the company switched to the delivery of “first-class apples”, and the invoice stated that: “the price of the first-class apples is the same as that of the second-class”. Finally, the importer refused to accept and to pay due to the inconsistency with the quality contract terms. Question:What do you think of this case?Answer：Under normal circumstances, the practice of substituting the superior goods for the inferior ones will be quite acceptable. However, if the market price of the goods is nose-diving or some otherabnormal things happen, the importer sometimes will avail of the opportunity to refuse the goods or claim with the excuse of quality inconsistency with the contract. Therefore, the quality provisions of the contract formation and performance are a loaded matter of great significance.Case 4An export company in China entered into a transaction with a Russian company, stating: soybean net weight of 100 kilograms per bag, 1 000 bags , a total of 100 metric tons. However, after the goods arrived in Russia, the customs discovered the soybean net weight of 94 kilograms per bag, 1 000 bags, a total of 94 tons. At that time, the market price was falling. So by the reason of the discrepancies between the document and the cargo, the Russian company asked for 5% price reduction, otherwise he would reject the goods.Question:Are Russian side’s requests reasonable? What measures should the Chinese exporter take for remedy?Answer：Russian side’s request is reasonable. (1) When there is no more or less clause, delivery should be strictly in accordance with the contract. (2) Under the letter of credit, a 5% expansion for quantity of goods is allowed while the amount of value can’t exceed the amount stipulated in the L/C. However, the proportion of our stretching is more than 5%. Therefore, the Chinese exporter has breached the contract.As for the buyer’s requests for price reductions, the seller may consult with clients to conclude the transaction with international market prices so as to reduce losses.Case 5A foreign trade company exported 1 000 sets of typewriters. The L/C stipulated that partial shipment was prohibited. But nonetheless, when the consignments were gathering at the port for shipment, the seller found that 45 sets of goods got problem in packing and quality. Since it was an emergency and in order to assure of the quality, the exporter believed that according to the Uniform Customs and Practice for Documentary credits, even if it doesn’t allow the partial shipment, there is a more-or-less clause by 5%. Eventually, the seller loaded 955 sets virtually whereas the goods were rejected by the negotiating bank.Question:Please explain the reasons.Answer：According to UCP600, unless the quantity of credit is specified in L/C, even if the partial shipments are not allowed, the quantity of goods allowed 5% more or less in quantity in condition that the total amount paid does not exceed the amount of credit conditions. However, this clause can not apply to situation when the quantity is provided by counting the number of packing units. In this case, typewriter is counted by set, belonging to the exceptions of the above clause. 5% more or less in quantity is not allowed. Therefore, the bank refused to negotiate the document because of discrepancies found by reviewing the L/C and other documents.Case 6An ore exporting contract specified the terms as follows: “25 000 M / T 3% more or less atseller’s option.”When the seller prepared to take delivery, the international market prices of ore went upward.Question:(1) How much are you going to deliver as a seller? Why?(2) Standing in the position of the buyer, what should be paid attention to during negotiation of the terms of the contract?Answer：The seller may load less cargo than stipulated, because international market price of the goods raised sharply, which subject the seller to a loss if delivering the cargo more than stipulated. More delivery means more losses. According to the present conditions, the seller can deliver only 22 750 tons of cargo.As a buyer, in order to avoid the seller’s taking advantage of the changes in market prices for additional profits, it would stipulate in the contract: the price of more or less part of the cargo loaded may comply with the market prices in time of shipment or comply with the contract price.Case 7One Chinese export company exported some goods to Canada, valued at $800 000. The contract stated that it should be packed in plastic bags, marks with English and French on each item. But the Chinese company used other packaging instead in the actual delivery, and still used only English marks. The foreign merchant, in order to adapt to the requirements of the local market and sales, hired people to change the packing and shipping marks. Then he asked for claim against the Chinese company. The Chinese company recognized something wrong, so compensated the customer.Question:Try to analyse the case.Answer：At present, many countries made regulations about packaging and labeling for commodities sold in the market and the imported goods must conform to the regulations, or else they will be prohibited for import or sale in the market. Label is a sign which is attached on the goods or packaging referring to the country, manufacturer, name of goods, goods components, quality characteristics, use method, etc. In making the sales package label, we should pay attention to the relevant state regulations for the administration of the label. Some developed countries often avail of these regulations as means of import restrictions which should cause enough attention. For example, in the European Union, there has a series of merchandise; basic content is commodity itself or packaging must with correct tags that can be fully read, and understandable. From this perspective, the seller failed to strictly, according to contract, perform prescribed packing conditions which shall be deemed to be the obligation to a breach of contract. Our company has two faults, one is changing packaging materials, although the quality of goods itself is not affected; the another fault is that the mark is not stipulated according to the contract, due to the products’belonging to the French area, the filling is often in French. Anyhow, in order to successfully export, we must understand and adapt to the special requirements of different state regulations, in order to reduce unnecessary troubleCase 8British Moore Company with the condition of CIF, bought from LanTuo company 300 cases of canned fruit in Australia. The contract with a provision reads: “Packed in carton, 30 tins in each carton.”It was found that 150 cases that the seller delivered were 30 tins in each carton, the rest were 24 tins per box. The buyer refused the goods while the seller argued that 30 tins per box is not an important part of the contract, and with the quality, no matter it was 30 or 24 tins per box, it was correspond to the contract’s quality requirement, therefore, the buyer should accept. Question:Please analyse the case.Answer：The law in some countries divides the sale into two categories, sale by sample and sale by illustration. The latter includes a very wide scope, not only involves goods quality issues, also including quantity, even in the contract on shipment, packaging and goods with the statement. According to the British business law, all the “explanation”items are the elements of the contract. If they are violated, the buyer is entitled to the rejection of the goods and may lodge a claim. In this case, the British law believes that packaging belongs to “explanation”part that is vital and since the seller made a breach of contract, the buyer had reasons to refuse all the goods, and also could accept the part fulfilling that are with the provisions and rejecting the rest and claim for damages.。

宝马公司案例分析(英文版)

"official car" image, enhance the grade of Audi, launche a strong challenge to Mercedes and BMW at every levels. 。
• Other brand
Other high-grade brand such as Porsche, Volvo, Lincoln, Cadillac also cause BMW great competitive pressure.
4. Perfect After-sale service
5.
Strengthen supply chain management
Differentiation strategy
Sheer
—— “坐奔驰，开宝马”
Driving Pleasure
Brand positioning ------“Sheer Driving Pleasure
• One of the key things they have independent and unique way of thinking.
• Second is the key Bavarian attractive face in the heart of the same tendency.
A dozen years in the future, BMW Hydrogen diesel locomotive may be developed, and gradually replaced the gasoline fueled cars as dominant on the premium-car market in the future. And, relative to other companies of the hydrogen fuel cell vehicles, BMW's hydrogen internal combustion engine cars will have greater power

国际贸易实务英文案例

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Cases1. Dispute Caused by FOBA northern China Chemicals Import and Export Company A and the Chemical Products CompanyB of California in the United States entered into a chemical products sales contract on the basis of FOB terms．Company A loaded the goods on the Singapore vessel assigned by Company B three days before the deadline．Before loading，the goods had been inspected，showing the quality of the goods is in good order and in compliance with the contract stipulations．When the goods arrived at the destination in San Francisco，the inspection authorities found that the quality of the goods changed and there were some agglomeration of goods．After careful investigation it turned out that it was because of the poor packing that caused the quality to change．The survey confirmed that due to bad packaging of goods in transit the goods absorbed moisture in the air，which led to the original granular form lumps of raw materials．Company B filed claims against Company A．However，Company A believed that before shipment of the goods the test for the goods was qualified，the quality change didn’t happen before shipment but during the transportation，that was，after the goods on board the vessel，quality change occurred．In accordance with international trade practices，the consequences should be borne by the buyer．Therefore，Company A refused compensation．Question：Do you think Company A’s refusal is reasonable? Please give your explanation of how to deal with it．2．An export company in China signed a red bean exporting contract with a South Korean company．The two sides provides：500 metric tons of beans，50 kilograms sacks packaging，and a total of 10000 bags．On delivery of the goods to the port，1000 bags got lost．So the temporary deployment was needed but the packaging was woven bags．After the goods arrived in South Korean，South Korea Customs found that the weight was only 47 kilograms per bag．In response，South Korean company rejected the goods．Question：Try to analyze whether the rejection is reasonable? What measures could be taken to remedy?3. A Straight Bill of Lading and Its NatureIn2008，a Hunan Provincial Foreign Trade Corporation and an American Greens Corp．signed an export contract of “Xi Mas”lights goods．During May and June，with the letter of credit settlement，the company exported two shipments．The settlement was done smoothly after the bank negotiation．In October，they successively exported 7 consignments，taking into account the previous settlement was in good condition，they chose D/P as collection method for settlement，totaling about USD 270000．Although the collecting bank repeatedly urged the foreign businessman，the American buyer did not pay to redeem bills．In March，2009，the company learnt that the goods had been picked up by the client with a copy of the bill of lading，then they demanded the bank to return the documents．In April, the company got the original bill of lading and with it to negotiate with the shipping company American Brothers Ltd．but the company was rejected on the grounds that the bill of lading was a straight bill of lading，in accordance with local practice，the consignee may pick up the goods without the original bill of lading．At this point，the company suffered huge economic losses by losing both the goods and payment．Questions:(1) What is straight bill of lading?(2) What can be learned from this case?4. How to Distinguish a Partial ShipmentA Shan dong company exported a group of peanuts overseas，the foreign customer opened an irrevocable letter of credit，with shipment terms：“Shipment from Chinese port to Singapore in May．Partial shipment prohibited”．Because of shortage of supply，prior to May 15th，loaded 200 metric tons of peanuts at the port of Qingdao by S．S．“Dongfeng”，and obtained a bill of lading；then they got a number of sources in Yantai，under the premise that the exporter should bear the related costs the ship sailed to Yantai Port and 300 metric tons of peanuts were installed on the same ship．On May 20th obtained the bill of lading．After that the exporter submitted two sets of bills within the credit period to the bank for negotiation，the bank dishonored on the grounds of partial shipment which is not consistent to the L/C．Question：Is the bank’s dishonor reasonable? Why?5. Who Should Be Responsible for the Damaged TeaEntrusted by a goods owner，a forwarding agent arranged the export of a shipment of tea by sea．The forwarding agent finished the container packing and gave the container that was fully loaded with the goods to the shipping company．In the mean time，the owner of the goods got the cargo transaction insurance by itself．The consignee found the container sending out very disgusting odor when it unpacked the container to pick up the goods．After related investigation it was found that it was due to the fact that the container had carried caffeine during its last shipment，and，as a result，the tea in this shipment was contaminated．Questions：(1)To whom the consignee can claim? Why?(2)Who should take the liability of the tea contamination accident?6．There Was an FOB contract；the buyer had insured the “all risks”of “warehouse to warehouse clause”with the insurance company．When the seller was shipping the goods from the warehouse to the loading dock，the risk losses took place within the scope of underwriting，after that the seller claimed to the insurance company for compensation because the insurance policies contain“warehouse to warehouse clause”，but was refused．Later，the seller requested the buyer to claim, and also was rejected．Question：Please analyze the case．7. The Possibilities of Getting Back the Money When the Draft is on DueCompany A from China exported to Company B of Thailand．Payment was to be made by D/P at 90 days after sight．After the shipment of goods，draft and shipping documents were sent to the foreign collection bank through remitting bank in the exporter’s country．Company B had accepted the draft．After the arrival of the goods at the port of destination，Company B presented the trust receipt and took delivery of the goods for resale in advance against the borrowed shipping documents from the local collecting bank, because B was in urgent need ofthe goods．When the draft was falling due，B became insolvent because of poor management．The collecting bank informed the remitting bank that the drawee rejected the payment and suggested Company A to collect the money back directly from Company B．There was another 30 days left before the draft was due．Question：Please analyse the possibilities of getting back the money when the draft is on due，and provide your suggestions of how to solve the problem．8. The Relationship between the Issuing Bank and the BeneficiaryA light industrial products import and export company from Nantong，Jiangsu Province imported a batch of small household electrical appliances．The goods were to be shipped in two lots，and payment was to be made by negotiable irrevocable letter of credit．A branch of Bank of China was to open a letter of credit for each lot．After the first shipment，the seller presented the documents to the bank for negotiation．The negotiating bank，after checking，found no discrepancy and thus negotiated the draft．The branch office of Bank of China later reimbursed the negotiating bank．The importer of Nantong received the first shipment and found the quality of the goods did not match the stipulations of the contract，and then asked the Bank of China to refuse the payment for the second lot of the goods under the second L/C．The Bank of China refused the importer’s requirement．Question：Is it right for Bank of China to do so? Why?9．An import and export company in China reached a transaction of exporting sickle to a Thailand importer by“sale by samples”．The contract stipulated that the valid period of re-inspection was within 60 days after the goods arrival at the port of destination．The Thailand importer did not raise any objections to the goods after the re-inspection of the arrival goods at the port of destination．100 days later，however, the Thailand importer called，saying that：All the sickles were rusted and had to be on sale．Therefore the Thailand importer claimed a 40％of the total price as a compensation for their losses．Then the seller immediately reviewed our retained sample，also found the similar problem．Question：Should the seller agree on the buyer's requirements? Why?10．Look through the following telex-messages：(1)A sent B on Wednesday a telex：“The Chinese Rosin W-level of 100 metric tons，the Hong Kong Ex-factory price of USD 500 per metric ton，spot cash transaction，be opened by Friday．”(2)B replied the telex on Thursday：“The Chinese rosin W-class，100 metric tons，the Hong Kong Ex-factory price of USD 500 per metric ton，do you agree the delivery within two months．”(3)B immediately sent a telex，at 1:25 p.m. on Friday, pending the receipt of A’s reply，to accept the offer：“We accept the offer of the Chinese rosin W-class，100 metric tons，the Hong Kong Ex-factory price of USD 500 per metric ton，cash spot transaction．”Question：Was the contractual relationship established? Why?。

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