【正文】 er the following telegram:I accept your offer of January 1.”Is there a contract under the CISG? No,there is not a contract.(2 marks)After receiving the offer of 5 ,000 widgets, On January 7, seller withdrew the offer.(2 marks)Article 15(2)provides that an offer, even if it is irrevocable, may be withdrawn if the withdrawal reaches the offeree before or at the same time as the offer.(2 marks)Therefore, there was no contract between seller and buyer.(2 marks) in the United States owned a cargo of 10,000 barrels of oil that had been shipped from Mexico on January 1 for arrival in the United States on February January 15,Dealer informed Buyer that the oil was en route and they concluded a arrival,inspection showed that the oil had been contaminated by seawater at some indeterminate time during the the CISG applies,who bears the risk? Buyer bears the risk.(2 marks)Article 68 provides that the risk in respect of goods sold in transit passes to the buyer from the time of the conclusion of the , if the circumstances so indicate, the risk is assumed by the buyer from the time the goods were handed over to the carrier who issued the documents embodying the contract of agreed to deliver three software programs to Buyer that are specially designed for Buyer?s first was to be delivered in January,the second in February,and the third in program delivered in January worked fine,but the one delivered in February was not only failed to function properly,it also made the other two programs effectively was unable to correct the defect,and no suitable replacement could be found from another CISG remedies are available to Buyer?The buyer may declare the contract avoided in its entirety.(2 marks)Because Article 73(3)provides that a buyer who declares the contract avoided in respect of any delivery may, at the same time, declare it avoided in respect of deliveries already made or of future deliveries if, by reason of their interdependence, those deliveries could not be used for the purpose contemplated by the parties at the time of the conclusion of the contract.(4 marks)At the same time Seller was unable to correct the defect,and no suitable replacement could be found from another supplier.(2 marks) in Bombay sells 5,000 bales of cotton to Buyer,FOB transports the cotton to the Bombay harbor and to the ship designated by Buyer,the SS to an error in counting,only 4,987 bales were ship?s bill of lading,however,shows a quantity of 5,000 then signs over the bill of lading to Buyer in exchange for payment in full of the the Allthumbs arrives in Liverpool,the quantity error is discovered,and Buyer sues the ship for the lost value of the missing the ship liable?Would it matter if Seller admitted that the error was not the ship?s fault,but that of Seller?(1)The ship is liable.(2 marks)Because under The Hamburg the bill of lading contains particulars concerning the general nature, leading marks,number of packages of pieces,weight or quantity of the goods which the carrier or other person issuing the bill of lading on his behalf knows or has reasonable grounds to suspect do not accurately represent the goods actually taken over or, where a“shipped” bill of lading is issued, loaded, or if he had no reasonable means of checking such particulars, the carrier or such other person must insert in the bill of lading a reservation specifying these inaccuracies,grounds of suspicion or the absence of reasonable means of the carrier or other person issuing the bill of lading on his behalf fails to note on the bill of lading the apparent condition of the goods, he is deemed to have noted on the bill of lading that the goods were in apparent good condition.(6 marks)(2)Under the HagueVisby Rules,Such a bill of lading shall be prima facie evidence of the receipt by the carrier of the goods as therein described in accordance with paragraph 3(a)The leading marks necessary for identification of the goods as the same are furnished in writing by the shipper before the loading of such goods starts, provided such marks are stamped or otherwise shown clearly upon the goods if uncovered, or on the cases or coverings in which such goods are contained, in such a manner as should ordinarily remain legible until the end of the voyage.(b)Either the number of packages or pieces, or the quantity, or weight, as the case may be, as furnished in writing by the shipper.(c)The apparent order and condition of the , The ship isn?t liable.(6 marks)If Seller admitted that the error was not the ship?s fault,but that of Seller,it would matter.(2 marks)第三篇：國際經(jīng)濟法考試重點總結國際經(jīng)濟法的三個層次私人之間跨國商事交易關系——跨國鋼材進出口合同——違約政府與私人之間跨國經(jīng)濟管制關系——美國政府保障措施——關稅國家之間跨國經(jīng)濟交往關系——GATT/WTO多邊世界貿(mào)易協(xié)定體系——保障措施協(xié)定國際經(jīng)濟法的淵源：①國際經(jīng)濟條約②國際慣例③重要國際組織的決議（聯(lián)大規(guī)范性決議）④國內(nèi)涉外經(jīng)濟的立法⑤國際司法機構和準司法機構判例⑥權威法學家的學說理解國際經(jīng)濟法的基本原則：①經(jīng)濟主權和國家對自然資源的永久主權原則②公平互利原則③發(fā)展權原則④國際合作謀發(fā)展《2000年國際貿(mào)易術語解釋通則》規(guī)定了13種貿(mào)易術語，按賣方承擔義務由小到大，分為E、F、C、D四組一、E組術語：EXW（工廠交貨）（一）EXW術語下，賣方的責任：在其所在地（工廠或倉庫）把貨物交給賣方，履行交付義務；承擔交貨前的風險和費用。（二）買方的責任自備運輸工具將貨物運至預期目的地；承擔賣方交貨后的風險和費用；自費辦理出口結關手續(xù)等。二、F組術語 三個：FAS(船邊交貨)FOB（船上交貨）FCA（貨交承運人）賣方責任：（1）賣方在出口國承運人所在地(包括港口)將貨物交給承運人，以履行自己的交貨義務；（2）自費辦理貨物的出口結關手續(xù)；（3）自費向買方提交與貨物有關的單證或相等的電子單證買方責任：（1）自費辦理貨物的運輸；（2）自費辦理貨物的進口和結關手續(xù)（一）FAS該術語全稱為Free Alongside Ship，文意為：船邊交貨，適用于海運或內(nèi)河運輸（二）FCA 該術語全稱為Free Carrier，文意為：貨交承運人 該術語可以適用于包括多式聯(lián)運在內(nèi)的任何運輸方式(三)FOB該術語全稱為Free On Board文意為：船上交貨。該術語指賣方在指定的裝運港，在合同規(guī)定的時間將貨物裝到買方指定的船上；一旦貨物越過船舷，賣方即履行了其交貨義務。這意味著買賣雙方各自的責任、費用和風險均以船舷為界。該術語僅適用于海運或內(nèi)河運輸。在船舷無實際意義的情況下，如在滾裝／滾卸或集裝箱運輸?shù)膱龊希褂肍CA術語更為合適三、C組術語共包括4種術語，即CFR、CIF、CPT和CIP（一）CFR（成本加運費）全稱為Cost And Freight即成本加運費該術語指賣方必須支付貨物的成本并將貨物運至指定的目的港所需的運費。但是，貨物裝船后滅失或損壞的風險及貨物裝船后所發(fā)生的任何額外費用，則自貨物于裝運港越過船舷時起從賣方轉由買方承擔。該術語僅適用于海運和內(nèi)河運輸。但是，在船舷無實際意義時，如在滾裝／滾卸或集裝箱運輸?shù)惹闆r下，使用CPT術語更為適宜（二）CIF（成本、保險費加運費）全稱為Cost，Insurance And Freight文意為：成本、保險費加運費，是國際貿(mào)易中最通用的一個術語。該術語指賣方除必須負有與CFR術語相同的義務外，還必須辦理貨物在運輸途中應由買方承擔的貨物滅失或損壞的風險的保險。賣方簽訂保險合同并支付保險費。買方應注意根據(jù)CIF術語，只能要求賣方投保最低的保險險別。貨物裝船后滅失或損壞的風險及貨物裝船后所發(fā)生的任何額外費用，則自貨物于裝運港越過船舷時起從賣方轉由買方承擔（三）CPT（運費付至）全稱為Ca