【正文】 ental breach bees clear,the buyer has a reasonable time in which to avoid the contract.(2 marks) Company in Canada agreed to sell 10,000 gallons of maple syrup to Dee Company in Company arranged for a letter of credit with its bank in credit required payment on the presentation of a bill of lading and an inspection certificate issued by a quality control pany,Vigilance,Inc.,of Company produced both the bill and the inspection Copenhagen bank refused to pay because the inspection certificate stated that“based on a sample taken from 5 gallons,the maple syrup is not of the kind ordered.”The bank argued that the certificate,on its face,did not certify the regularity of the entire the bank correct in refusing payment?The bank was correct.(2 marks)Because 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。.The banks39。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。t accept your offer.” December 15, Buyer changed his mind and sent a telegram stating: “39。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。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。or(b)w hen the rules of private international law lead to the application of the law of a Contracting State.(4 marks)(2)This Convention applies only to contracts concluded on or after the date when the Convention enters into force in respect of the Contracting States referred to in subparagraph(1)(a)or the Contracting State referred to in subparagraph(1)(b)of article 1.(2 marks) April 4, Company X, with its place of business in China, sent an offer by to Company Y, with its place of business in offer concerned 50,000 meters handprinted cotton cloth and said it would remain open until April April 10, Company Y answered by “The price is too high, and we are not interested in the offer.” But, on April 20, the manager of Company Y changed his mind and sent another to accept the April 4 there any contract between Company X and Company Y? Since both China and Australian are Contracting States to the CISG, according to Article l(l)(a)would apply here.(2 marks)After receiving the offer of 50 ,000 meters handprinted cotton cloth, on April 10, Company Y stated that they were not interested in the o