1．If we have to choose a Europe port by which no direct liner to stop or the trips are few, we should stipulate “ ______” in the contract.A.main ports in Europe
B.partial shipment allowed C.shipping advice
D.tranhipment to be permitted 2．By the clause warehouse to warehouse, the policy provides an overriding time limit of _____days after the completion of discharge of the insured goods from the seagoing veel at the final port of discharge.A.
30 B.60
C.65 D.90 3.It is acceptable that the validity place of L/C is in ______ A.
importer‟s country B.exporter‟s country
C.any third country
D.country instructed by importer 4.If the breach of contract is non-fundamental, the injured party ____ A.can only claim damages but cannot declare the contract voided B.can only declare the contract voided but cannot claim damages C.neither can claim damages nor can declare the contract voided D.either can claim damages or can declare the contract voided 5. Since the scope of cover of general additional risks is already included in, it is not neceary fro the goods to be insured by additional risks if it is insured by _____ A.W.P.A.B.F.P.A.
C.All Risks D.War Risk 6.During the time limit of loading and unloading, in case the charterer finishes the work of loading and unloading ahead of schedule, then the ship-owner shall pay certain amount of bonus to the charterer, this is so-called _______
A.dispatch money
B.demurrage
C.payment
D.surcharges 7.If the goods are contracted to be sold on ____ terms, then it is the _____‟s turn to take out the insurance and pay the premium.
A.CFR … Exporter
B.CIF … Importer
C.CFR … Shipper D.CIF … Exporter8.The shipper or consignor on B/L is normally the
A.exporter
B.importer
C.shipping company D.bank 9.Since the opening bank takes the ____ responsibility for the payment, the opening bank should be carefully chosen.
A.first
B.second
C third D.fourth 10.Perils of sea are those caused by ____
A.calamities and accidents
B.fortuitous and accidents C.accidents D.calamities and fortuitous
case analysis:
1.A contract was signed between the seller and the buyer for some kind of chemical product on the basis of FOB xxx port and the goods were found to be in conformity with the requirement of the contract in respect of quality by inspection before shipping.On arrival, it was found that part of the goods coagulated (结成硬块) and the quality was not up to the standard set in the contract after the buyer took delivery of the goods.The investigation showed that it was caused by absorbing moisture in transit due to improper packing.So the buyer filed a claim against the seller for this but the seller pointed out that the goods conformed to the quality requirement before shipping and the damage was caused during the transportation after the goods were loaded on board at the port of shipment.The seller refused to make any compensation because such loes of or damages to the goods should be borne by the buyer according to international trade practices embodied in Inco-terms 2010.
What is your opinion?
2.Company A in Country xxx sent company B in country yyy an offer by
telex for some kind of agricultural goods as follows:
quantity: 1,000 metric tons
unit price: USD200/MT CIF San Francisco
packing: in new gunny bags
payment; by irrevocable letter of credit
shipment time: within two months after receipt of relative L/C
This offer is good subject to your reply reaching us within 4 days.
The following day after company A telexed this offer, it received a telex reply from
company B reading “Accept your offer shipment immediately”.Company A did not
respond to this.The next day company A received an irrevocable sight L/C iued by Citi Bank stipulating “shipment within two months after receipt of relative L/C” in respect of shipment time.In view of the very booming international market for this product, company A refused to sell the goods as offered before and returned the L/C accordingly.But company B insisted that contract was formed between each other so company A had obligation to deliver the goods as offered.What is your opinion based on the stipulations in CISG (United Nations Convention on the International Sale of Goods 1980) if CISG is applicable to this case? Is there a contract between the two parties? (10 points)
3.Company A in China exported some goods on the basis of CIF xxx port and took out insurance for 110% of invoice value against FPA as per the relevant Ocean Marine Cargo Clauses of the People‟s Insurance Company of China dated Jan.1, 1981.The ship started sailing at the beginning of July.On July 13, the carrying veel suffered a thunderstorm and it caused some lo of part of the goods valued at UDS 2,000.00.Days later, it struck upon the rocks in transit and caused partial lo of the goods valued at USD10,000.00.Will the insurance company be responsible for
3 compensation of both the loes caused? (10 points) 1.Advise Tiresias Ltd („Tiresias‟) on the following transaction.
Tiresias sold a quantity of sultanas to Stetson Ltd („Stetson‟) on terms „FOB, Liverpool, shipment September‟.Under the terms of the contract, Stetson was obliged to nominate a veel.On 20th September, Stetson nominated the Wasteland, which was already in dock.The following day, Tiresias began to load the sultanas, but did not have sufficient to fulfil the contract and so waited for a further supply to arrive.The loading was completed just before midnight on 30th September.The veel sailed the following day.Stetson claims Tiresias failed to fulfil its duty to deliver the goods as stipulated in the contract.
2.Company A received an irrevocable L/C iued by bank ABC advised and confirmed by bank DEF.This company shipped the goods according to the requirements of the L/C and was going to present the documents for negotiation but received a notice from the confirming bank stating that the iuing bank had gone bankrupt and it would not pay but it could claim payment from the buyer on behalf of company A.What advice will you give company A about his legal position in this matter?
3.Company A exported one batch of goods on the basis of payment by D/P at 90 days sight.Company A presented the draft accompanied by the shipping documents required by the relative contract to the remitting bank who forwarded all the documents to the collecting bank in the country of importer.The collecting bank presented all the documents to the importer and the importer accepted the draft presented as required. When the goods arrived at the destination port, the importer borrowed the shipping documents from the collecting bank by providing Trust Receipt in order to take delivery of the goods in time before the maturity of the draft.When the draft matured, the remitting bank was notified by the collecting bank that it was impoible for the importer to pay the accepted draft as it had gone bankrupt.What should company A do? Why?
4 4.Company A cabled an offer to company B abroad on June 15th subject to the reply reaching on 20th inst.Company B submitted the cable of acceptance in the morning on 19th but it reached company A as late as 21st due to delay in transit.Company A did not make any response regarding the acceptance late.On June 26th, Company A sold the goods to another client at a higher price.On June 27th, company A received a cable from company B indicating that L/C had been established and requiring company A to ship the goods promptly.Company A replied company B immediately: “ your acceptance was late, no contract existed.” Company B insisted that they delivered the cable on 19th and it did not know the fact that the cable was late anyway. In view of this, company B insisted that contract was formed and company A should fulfill its obligation to deliver the goods as offered.What is your opinion if CISG applies here?
5.The following contract is entered into between company ABC in China and
company XYZ in the USA: “1000 tons of \"grade A\" dried cod (鳕鱼), USD 1.500.000/MT, CIF Los Angeles INCOTERMS 2010, as per sample submitted.Payment to be by irrevocable letter of credit confirmed by Bank of China opened by October 3rd 2010 for a period of 2 weeks, and to be made against documents evidencing the fulfilment of his CIF obligations, and a certificate of inspection stating the cod to be of grade A quality.”
The letter of credit facility is duly opened and the relevant documents being specified to Bank of China and company A proceeds to perform his obligations under the contract.
Company B hears rumours that the consignment shipped will not be grade A but grade C, and that the certificate of inspection presented will be a forgery, and instructs both the iuing and confirming banks not to pay against it.
Company A presents BOC with the following documents: shipped on board bill of lading for 1000 tons of grade A dried cod in apparent good order and condition; an invoice for the same goods; an insurance policy taken on Institute Cargo Clause C terms; and a certificate of inspection.BOC pays particular attention to the certificate
5 of inspection but is unable to find anything wrong with it as it appears to be in order and as described in their mandate (instructions for opening the credit).BOC pays company A.
During the voyage the ship is in a collision and part of her cargo is wet, whilst another portion is deliberately thrown overboard by the crew in order to reduce her weight.
When the consignment arrives it is found to be 200 tons short (i.e.there are only 800 tons) and 100 tons of the consignment are damaged by water, and the consignment is found not to be up to sample and not of grade A quality
Please answer the following questions: (1).Aume that CISG is to apply to the sale of goods transaction.Answer the following: (a) Discu company A\'s obligations under the contract he has entered into. (b) Advise company B as to any rights he may have with respect to the seller, carrier, insurance company, bank and any other relevant parties.Inform him of any further details you may require.
(2).What are the functions of the bill of lading in international trade? Mention briefly how these facilitate trade.( to facilitate means to benefit, or make easier)
(3).(a) What is a condition, a warranty in English law? What is the meaning of \"fundamental breach\" under the United Nations Convention on the International Sale of Goods 1980 (CISG)?
(b) What are inherent vice; general average; seaworthine?
(c) What is an insurable interest? What is the duty of disclosure in relation to contracts of insurance?
(d) What is meant by: the autonomy of a letter of credit, and the doctrine of strict compliance?
(4).What are the requirements of formation of contract under the United Nations Convention on the International Sale of Goods 1980 (CISG)?
