【文章內(nèi)容簡介】 tract between Company X and Company Y.(2 marks), the manager of a US pany, entered into a contract with an Italian pany, Roma, to order some leather Goods were delivered on time, but with some of the zippers on the suitcases contacted Roma and gave a notice that he wanted to cancel the responded that they only can give a reduction in the is legally right? Roma was legally right.(2 marks)The defectiveness of some of the zippers on the suitcases could not account to a fundamental breach under the CISG Article 25(4 marks)Therefore had no right to cancel the contract but could have other remedies, such as reducing the price.(2 marks) agreed to ship 10,000 tons of potatoes FOB Taa, Washington, to Buyer in designated the SS Russet to take delivery at pier 7 in the agreed date for delivery, Seller delivered the potatoes to pier 7, but the ship was not at the another ship using the pier was slow in loading, the Russet had to anchor at a mooring buoy in the harbor and Seller had to arrange for a lighter to transport the potatoes in containers to the lighter tied up alongside the Russet and a cable from the ship39。s boom was attached to the first the container began to cross the ship39。s rail the cable container then fell on the rail, teetered back and forth for a while, and finally crashed down the side of the ship and capsized the of the potatoes were dumped into the now sues Seller for failure to make delivery.(1)Is Seller liable?(2)Suppose, the contract had been FAS Seller be liable?(1)The Seller is liable.(1 marks)“Free on Board” means that the seller delivers when the goods pass the ship39。s rail at the named port of seller must, subject to the provisions of B5, bear all risks of loss of or damage to the goods until such time as they have passed the ship39。s rail at the named port of means that the buyer has to bear all costs and risks of loss of or damage to the goods from that point.(3 marks)(2)Suppose, the contract had been FAS Seller would not be liable.(1 marks)“Free Alongside Ship” means that the seller delivers when the goods are placed alongside the vessel at the named port of seller must, subject to the provisions of B5, bear all risks of loss of or damage to the goods until such time as The seller must place the goods alongside the vessel nominated by the means that the buyer has to bear all costs and risks of loss of or damage to the goods from that moment.(3 marks) seller contracted for oranges to be sent from Spain to the contract of carriage was concluded the shipowners promised the shippers orally that they would arrive in London by 30th November 1947, but they did not actually arrive until December arrival date was important to the shipper not merely because the oranges might deteriorate, but also because import duty was imposed from December , the bill of lading also had a printed liberty clause allowing the carrier to stop on the carrier did stop on the way and thus did not get to London until 5 seller sued the carrier for deviating from the route and the carrier relied on the written liberty issue of the case was that the actual terms of the contract were—were they those in the bill of lading or the oral agreements that were the bill of lading in itself a contract? Although a bill of lading may include the full terms of the contract between the consignor(the seller)and the carrier(the shipping pany)but it is not the contract itself.(2 marks)The logical is because in the most cases the contract will have been made before the bill of lading is effect, it is very good evidence of the contract of carriage and it can be the parties can show that the actual contract contains different terms.(4 marks)In the case the seller proved that there was an actually verbal agreement between them, so the carrier was in breach of the contract of carriage and should be liable.(2 marks) December 1, Seller sent to Buyer an offer to sell 5,000 widgets to Buyer for $25 offer slated: “39。The offer will remain open until December 31.” On December 10, Buyer answered: “The price is too high, I don39。t accept your offer.” December 15, Buyer changed his mind and sent a telegram stating: “39。I accept your December 1 offer after all.” Seller replied: “Your acceptance is too you already rejected the offer.” In turn, Buyer answered: “The acceptance is good, since you promised to keep your offer open until December 31.” Is there a contract under the CISG? No,there is not a contract.(2 marks)After receiving the offer of 5 ,000 widgets, on December 10, buyer stated that The price was too high, he didn39。t accept the offer., which rejected the offer.(2 marks)On December 15, the sent to accept the December 1 offer should be regarded as a new offer instead of acceptance.(2 marks)Therefore, there was no contract between seller and buyer.(2 marks) contract for sale of Christmas tree lights was established, in which a letter of credit was credit required the seller to produce a certificate of inspection, along with other was done and the issuing bank paid against bank then sought reimbursement but the buyer refused, contending that there should have been an inspection to make sure that the lights were should be noted that the certificate of electrical inspection was required by the contract but not specified in the letter of credit.(1)Can the bank seek reimbursement from the buyer?(2)How to solve the problem between the seller and buyer?（1）the bank can seek reimbursement from the The main issue is whether the banks are liable to the applicant when the mercial documents or bills of exchange which appear to be consistent with the terms and conditions of the credit are not 13 of UCP 500 requires that banks 39。must examine all documents stipulated in the Credit with reasonable care, to ascertain whether or not they appear, on their face, to be in pliance with the terms and conditions of the Credit39。.The banks39。 responsibilityis Limited to the ostensib