【正文】 lysis: Particular Average: crack of the vessel and part of the cargo undergone soaking.(5%)2)Which belongs to particular average?(5%)General Average: the vessel shipped to the nearest port and the losses thereafter.(5%) Italian business man visited Shanghai Happy Trading Company on the morning of , 2012, and negotiated the purchase of some electronic Chinese seller made an oral offer but received no response from the the afternoon, the Italian buyer came and agreed to accept the offer made in the the meantime, the seller had learned that the price of the electronic parts might be going :(10%)1)In this case, is there a contract relationship between Shanghai Happy Trading Company and Italian buyer?(5%)There is no contract relationship between Shanghai Happy Trading Company and Italian buyer.(3%)The reason is that the buyer did not give a direct response immediately after the seller made an oral offer.(5%)It means that the oral offer is invalid.(2%)2)What lesson can be learned by the seller in dealing with foreign traders?(5%)For the seller, when the seller provides an offer to the buyer, it is better to provide a specific valid date, such as “within the stipulated period” or “before the latest date”.(5%)It is better to provide a written formal offer with specific essential terms and validity date of the offer than an oral offer.(5%)It is also correct if one gives other reasonable September 2013, a British trading pany and a Shanghai Export Corporation entered into a contract to purchase 5000 sets glassware under CFR parties agreed to stipulate the following in the contract:“…… 30% payment by T/T in advance and 70% payment by D/P 90 days after buyer should remit the 30% of total value on or before September 30th, from Shanghai port to London is not later than , shipment and transshipment are prohibited.……”After received buyer’s remittance money September 28th, the exporter shipped 3000 sets in Shanghai Port on , 2013, then sent shipping advice on time to the importer and got one set of clean on board B/ the exporter shipped the other 2000 sets on board the same vessel in Guangzhou Port on , 2013, sent shipping advice on time to the importer and got other one set of clean on board B/ then the vessel began to sail to ).If during the transportation from Guangzhou to London by sea, the ship struck on a rock and got , the ship arrived at Los Angeles after a delay(latter about 20 days than usual time)and part of goods have been damaged during to INCOTERMS 2010, whether the importer has the right to make a claim against the seller because of transportation delay? Why?(5%)According to INCOTERMS 2000, the importer hasn’t the right to make a claim against the seller because of transportation ).If the payment term in the contract was changed to “40% payment by T/T in advance and 60% payment by L/C 90 days after sight” and the importer became bankrupt , whether the exporter could receive payments on time provided that it had made plying presentation to issuing bank on time? Why?(5%)The exporter could receive payments on time provided that it had made plying(2%)According to UCP600, under L/C, it is the issuing bank but not the importer promise to pay to the beneficiary(the exporter).And even if the importer became bankrupt, the issuing bank must pay to the beneficiary(the exporter)against(3%)3).Please draw the procedures of L/C payment with figure and explain the main steps.(10%)See text 4).If use Telegraphic Transfer T/T to draws the procedures of T/T payment with figure and explain the main steps.(10%)See text Chinese importer has signed a contract with Iran Company on 2nd November, 1990 in term of to the Gulf War breaking out, the ship of Chinese side cannot reach Iran port until the end of the Gulf War on April of 1991,the Chinese importer notified the Iran pany immediately after the war broke out within the agreed time and in the agreed notification 3th July, 1991, the seller claimed for the pensation against us for the storage expense, but the importerplyingpresentationtoissuingbankon it in the reason of force :(10%)1)What`s the basic principles of force majeure? Was it a force majeure event?(5%)2)Should the importer pensate for the storage? Why?(5%)Answer:1)there are three basic principles: the occurrence of a force majeure event is after the conclusion of contact。the event is not resulting from the fault and neglect of the parties involved。the event is beyond the control of the parties was a force majeure event because it fulfil all )The importer should not pensate for the storage, there two reasons: first, the event is result from force majeure, secondly, theChinese importer notified the Iran pany within the agreed time and in the agreed notification way.第四篇：國際貿(mào)易實務(wù)復(fù)習題? 第二章貿(mào)易程序一、Key words: Market Research____________________ Export License___________________________ Enquiry___________________________ Counter offer________________________ Offer_____________________________ Nonfirm offer_______________________ Firm offer_________________________ Sales Contract/Confirmation_________________二、選擇題（ABCD）情形之一，發(fā)盤失效。A．拒絕發(fā)盤通知書到達發(fā)盤人B．發(fā)盤人依法撤銷發(fā)盤C．發(fā)盤有效期屆滿，收盤人未作接受D．還盤E．非特定人做出接受《公約》的規(guī)定，一項發(fā)盤的內(nèi)容必須十分肯定，只有具備（ABC）才算十分確定。A．標明貨物名稱B．明示或默示貨物的數(shù)量或規(guī)定數(shù)量的方法C．明示或默示貨物的價格或規(guī)定價格的方法D．規(guī)定貨物的包裝E．解決爭議的方法，構(gòu)成還盤，下列（ABDE）屬于實質(zhì)性添加和修改。A．品質(zhì)B．數(shù)量C．包裝D．價格E．支付三、判斷題：，每臺100美元。而乙公司也同時向甲公司報價縫紉機100臺，價格為每臺100美元。甲乙雙方之間已達成交易。X，《公約》規(guī)定，構(gòu)成有效的發(fā)盤，必須明確規(guī)定貨物的品質(zhì)、數(shù)量、包裝、價格，貨物的交付和付款等項條件，缺一不可。X，但提出包裝由單層麻袋改為雙層麻袋，這實際上還是還盤。X、發(fā)盤和接受是必不可少的。X，一旦被受盤人無條件地全部接收，合同即告成立?！?，一項合同的有效成立都必須經(jīng)過詢盤、發(fā)盤、還盤、接受和簽約等五個環(huán)節(jié)。X，則不構(gòu)成發(fā)盤，而只是邀請對方發(fā)盤?！?，則意味著發(fā)盤人無權(quán)撤回該發(fā)盤。X《公約》規(guī)定，采用口頭發(fā)盤時，除非另有聲明，否則受盤人必須當場表示接受，此發(fā)盤方有效?！痰谌沦Q(mào)易術(shù)語（已給復(fù)習題）第四章 商品質(zhì)量一、Key words FAQ_________________________GMQ________________________ Quality tolerance_______________Quality latitude________________ Specification____________________counter sample__________________ confirming sample_________________