2020 外贸实务英语（李海燕）(华东政法大学) 最新满分章节测试答案

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本课程起止时间为:2020-03-09到2020-06-27
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Chapter One Course Introduction Basic Knowledge

1、 问题:Which is the international convention that regulates the negotiation, conclusion and implementation of international sales contract?
选项：
A:UCP600
B:Contract Law of PRC
C:CISG
D:INCOTERMS 2020
答案: 【CISG】

2、 问题:International rules, such as UCP, have the same binding effect as laws.
选项：
A:正确
B:错误
答案: 【错误】
分析：【International rules have no binding effect unless they are integrated into the contracts.】

3、 问题:Domestic laws could be ignored when we conducting business internationally.
选项：
A:正确
B:错误
答案: 【错误】
分析：【Domestic laws are one important part of the legal environment of international trade.】

4、 问题:There is no difference between domestic trade and international trade.
选项：
A:正确
B:错误
答案: 【错误】
分析：【International trade is riskier and more complex than domestic trade.】

5、 问题:Import is an inverse process of export.
选项：
A:正确
B:错误
答案: 【错误】

Chapter Two Business Negotiation Test for Business Negotiation in International Trade

1、 问题:A foreign buyer cabled “offer dated 10 Aug. accepted, if 5% commission included”. This is a/an (   ).
选项：
A:acceptance
B:counteroffer
C:inquiry
D:offer
答案: 【counteroffer】

2、 问题:According to CISG, a contract can be established when (  )
选项：
A:an acceptance becomes effective
B:both seller and buyer sign on a written contract
C:the contract is approved by authorities
D:an offer reaches the offeree
答案: 【an acceptance becomes effective】

3、 问题:When the offeree makes modification to the (   ), his reply may not be seen as a counteroffer.
选项：
A:price
B:payment term
C:packing
D:quality and quantity
答案: 【packing】

4、 问题:Which of the following statements is not true for an inquiry?
选项：
A:It is an invitation to offer.
B:Either the sender or the recipient of an inquiry is not bound.
C:It is not a necessary step to conclude a contract.
D:The sender must be the potential buyer.
答案: 【The sender must be the potential buyer.】

5、 问题:Which of the following statements is not true for an effective offer?
选项：
A:An offer must be a proposal for concluding a contract.
B:It must be addressed to specific person(s).
C:It must be definitely sufficient to include description of commodity, quantity, price, payment, shipment and insurance, etc.
D:It should indicate the offeror’s intention to be bound in case of acceptance.
答案: 【It must be definitely sufficient to include description of commodity, quantity, price, payment, shipment and insurance, etc.】

6、 问题:If an effective offer is accepted unconditionally, a contract can be achieved.
选项：
A:正确
B:错误
答案: 【正确】

7、 问题:Offer and counteroffer are two essential steps in international trade negotiation.
选项：
A:正确
B:错误
答案: 【错误】

8、 问题:A buyer cable an acceptance to an offer, but requiring to change payment from D/P at sight to D/A. The seller kept silence. A contract could be established at this moment.
选项：
A:正确
B:错误
答案: 【错误】

9、 问题:An oral offer must be accepted immediately unless the circumstances indicate otherwise.
选项：
A:正确
B:错误
答案: 【正确】

10、 问题:Any offer can be withdrawn if the withdrawal reaches the offeree before an acceptance is dispatched.
选项：
A:正确
B:错误
答案: 【错误】

11、 问题:Any offer can be withdrawn, but not every offer can be revoked.
选项：
A:正确
B:错误
答案: 【正确】

12、 问题:An offer is accepted only if there is no alteration.
选项：
A:正确
B:错误
答案: 【错误】

13、 问题:A counteroffer terminates the offer and is a new offer.
选项：
A:正确
B:错误
答案: 【正确】

14、 问题:A late acceptance must be invalid and have no binding on the offeror.
选项：
A:正确
B:错误
答案: 【错误】

15、 问题:An acceptance can be revoked after it becomes effective.
选项：
A:正确
B:错误
答案: 【错误】
分析：【An acceptance cannot be revoked, because when it arrives at the offeror’s end, a contract is concluded.】

16、 问题:As an exporter in China, the international Sales Contract can be signed either in written form or oral form.
选项：
A:正确
B:错误
答案: 【正确】

【作业】Chapter Two Business Negotiation Case Study for Business Negotiation in International Trade

1、 问题:On February 2, Lee Co. made a selling offer to Dee Inc. , “We offer you firm at USD 150 per carton FOB Shanghai, subject to your reply here on or before February 10.” On February 6, Dee replied, “Your offer of February 2 is accepted if the price is USD 135 per carton FOB Shanghai.” As Lee was considering, the market price went over USD 150. On February 8, B sent another mail that read, “We accept your offer of February 2.”        Q: Is there any contract concluded?
评分规则: 【 There is no contract concluded.  (5′)
As per CISG, a contract will be formed when an effective offer is accepted by the offeree. (5′)  Change to price materially altered the offer which should be a counteroffer that makes the original offer invalid (5′).
In this case, Dee’s cable on Feb. 6 changed the price and was a counteroffer, which made Lee’s offer on Feb. 2 invalid.
Lee didn’t accept Dee’s counteroffer.
Dee’s cable on Feb. 8 is another new offer, but Lee didn’t accept it.
】

2、 问题:Company B sent us a buying offer, subject to our reply there before July 22. On July 24, we telexed our acceptance to the offer but received no reply. As the market kept going up, we unexpectedly received a telex on August 24 from Company B requesting us to make shipment before the end of August as specified in the offer, or they would reserve the right to the claim against us for compensation.Q: Was the contract between B and us established? Why?
评分规则: 【 No, there is no contract established between B and us.
As per CISG, a late acceptance is nevertheless effective as an acceptance if without delay the offeror orally so informs the offeree or dispatches a notice to that effect. 
In this case, we accepted the offer from B after July 22, so it was a late acceptance. However, B didn’t reply, so the acceptance was not effective.
B’s request on August 24 is a new offer, if we didn’t accept it, there should be no contract established.
As the market kept going up, we could either keep silent or decline their request.
】

3、 问题:China’s Company A made an offer to American Company B on October 2 for 500 dozen Men’s Shirts, 100% Cotton, at USD 84.50 per dozen CIF New York, subject to B’s reply reaching before October 15.A received a reply from B on October 10, “Your price is on the high side. We can accept your offer at USD 80 per dozen.”A received another email from B on October 13, “We accept your offer of October 2. The relevant L/C has been established.”We neither made any response or delivery for the price was increasing. Later, B insisted A broke the contract and claimed for compensation.Is there any contract concluded?
评分规则: 【 No, there is no contract concluded.
Company A made an irrevocable firm offer to Company B, for it was sufficiently definite with a validity.
Within validity, B replied but changed price. Thus, it is a counteroffer, for it contained material alteration.But A didn’t reply.
The counteroffer terminates A’s offer, so B’s email on October 13 was a new offer instead of acceptance.
A didn’t reply, as per CISG silence and inactivity are not acceptance. Without A’s acceptance, there is no contract.
】

【作业】Chapter Three Subject Case Study

1、 问题:China’s Company A exported Frozen Ducks to Iraq’s Company B. It was contracted that ducks must be processed as per Islamic customs. A knew nothing about Islamic customs and adopted a different way of processing. Company B refused to take delivery when the ducks arrived at their end and notified A to give instructions of diposal.Please comment on the above case.
评分规则: 【 Quality refers not only to the outform of products, but also to the intrinsic features that include the processing way.
The seller violates the contract for the goods are processed in a different way from that contracted, that is the quality is not consitent with terms in the contract.
The seller should figure out what is the correct way to process products even if he doesn’t know about it.
】

2、 问题:China’s Company A imported wheat from a foreign company. It was contracted "Quantity: 2,000,000 M/T, USD 100 per M/T FOB …" But the foreign company shipped 2,300,000 M/T.How to deal with the overshipped goods?What if the foreign company only shipped 1,800,000 M/T?
评分规则: 【 As per CISG, if the seller dilivers goods more than the quantity contracted, the buyer may take part or all of the overshipped goods and pay for them, or the buyer may refuse to accept the overshipped goods.
In this case, Company A may only accept 2,000,000 M/T as contracted, or accept more than that quantity and to pay for all the goods he accepts.
If the goods were short-delivered before the deadline of shipment, the buyer may ask the seller to dispatch those short-delivered and still have the right to ask for compensation for any loss incurred.