国际商法复习思考题

Review question for chapter oneI. Judge whether the following statements are true or false.1. At present, there is no uniform code on international business so national business law of some countries will be used to regulate international business relationship and deal with some international business disputes. ( )2. The French Civil Code of 1804 and the German Civil Code of 1896 are now regarded as the very basis of the modern common law. ( )3. The Civil Law System is the legal system of England and countries that were once English Colonies. It is based on court-made rules or precedents. ( )4. Anglo-American Law System is derived from Roman and Germanic practice and set out in national codes. ( )II. Give brief definitions of the following terms.1. international business law2. international trade customs and usages3. common law4. civil lawIII. put the following terms into English1. 大陆法系2. 英美法系3. 法的渊源4. 国法大全5. 法国民法典6. 德国民法典IV. Answer the following question.1. What are the sources of International Business Law?Review questions for chapter twoI. Judge whether the following statements are true or false.1.To be legally sufficient, consideration must involve a legal detriment to the promise- doing (or refraining from doing) something that one had no prior legal duty to do(or refrain from doing) or a legal benefit to the promsior 。 （ ）2. Consideration is not legally sufficient if one is either by law or by contract under a preexisting duty to perform the action being offered as consideration for a new contract. ( )3. The contracting party who makes a promise is known as the promise; the one to whom the promise is made is the promisor. ( )4. Goods bought for personal use are included under CISG. ( )5. The difference between the two types of undue influence actions consists in the onus of proof. If the defendant occupied a legally recognized position of authority of influence, the plaintiff must satisfy the onus of proof by showing that he or she was dominated by the defendant and did not understand the contract; if the defendant did not occupy a legally recognized position of authority of influence, the onus of proof is on the defendant.6. Making statements without sufficient information to believe they are true is sufficient to constitute fraud.7. According the French Civil Code, the coerced party has the right to rescind the contract, and also modify the contract and claim damages. 8.The idea that a contract is a voluntary agreement between the parties is the basis of contract law.II. Give brief definitions of the following terms.1. consideration2. material fact3. duress4. fraud5. choice-of-law clause6. common mistakeIII. put the following terms into English1. 允诺的禁止反言2. 口头证据规则3. 欺诈行为法4. 自始无效5. 缔约能力6. 重大误解7. 显失公平8. 违反法律的合同9. 举证责任10. 营业地IV. Answer the following question.1.Outline the differences and similarities among “fraudulent misrepresentation”, ”innocent misrepresentation” and “negligent misrepresentation”.2.Under the common law ,what are the essential elements of a valid contract?3.Stan returns home from work to discover his house surrounded by police. His wife is being held hostage and threatened by her captor.Stan pleads with the police to rescue her and offers $5000 to the policeman who brings her wife uninjured to safety. A police officer, Peter, eventually talks the captor into releasing the woman hostage and he leads the woman to safety. When Peter goes to collect his $5000,Stan says, ”Thank you very much but I have no intention of paying.” Would Peter succeed in a court action against Stan?4.Seller, whose place of business is in State A，and Buyer, whose place of business is in State B, enter into a contract that stipulates that the CISG applies. Neither State A nor State B is a contracting state. Does the convention apply?5. Briefly describe the general rules on consideration. Review questions for chapter threeI. Judge whether the following statements are true or false.1. An offer becomes effective only after it reached the offerees. ( )2. Acceptance is still effective only after the time period specified in the offer. ( )3. Sellers obligation is only to deliver the goods. ( )4. Offerors are free to withdraw the offers at any time. ( )5. An acceptance is not effective until it reaches the offeror. ( )6. CISG requires that a sale of goods contract under it should be international. ( )7. Sellers must supply the goods that conform to the contract. ( )8. The buyer cannot reject nonconforming goods supplies by the seller. ( )9. CISG rules on risk of loss are concerned with breach of contract. ( )10.Specifices performance is one of the remedies unique to the seller. ( )11. The CISG allows parties to allocate risk among theme and to specify when the risk will pass between them. ( )12. A buyer cannot avoid a contract although the seller commits a fundamental breach. ( )13.If a buyer is not entitled to damages when a seller delivers nonconforming goods, the buyer will be entitled to a reduction in price. ( )14. If the seller delivers early, the buyer is still under obligation to take delivery. ( ) 15. An offer must describe the goods with sufficient clarity that the parties know what is being offered for sale ,and it must also state the quantity and price. ( )16.Under the CISG , the terms relating to the price ,payment ,quality of the goods, place and time of delivery ,extent of one partys liability to the other or the settlement of disputes are considered to be the material terms. ( )17.According to the UCC, no contract would arise at all if an acceptance contain new terms that materially alter the terms of offer. ( )18. Under the UCC, the minor terms become a part of it unless the buyer notifies the seller of an objection to the new term. ( )II. Put the following terms into English.1. 要约撤销2. 要约邀请3. 镜像原则4. 合同落空5. 风险转移6. 当事人约定的违约赔偿金7. 担保物权8. 留置权9. 除非另有约定10. 知识产权11. 货物一致III. Put the following terms into Chinese.1. suspension of performance2. specific performance3. missing specifications4. Sales of Goods Act 5. the debt is unfit for compulsory perforamce6. implied warranty7. express warranty8. force majeure9. liquidated damagesIV. Give brief definitions of the following terms.1. nachfrist notice2. pass of risk 3. firm offer4. breach of contract5. anticipatory breach of contractV. Answer the following questions. 1. What are the main contents of the doctrines of Compensation?2. What is the difference between a liquidated damages clause and a penalty clause?3. What excuses are available to a breaching party to justify its nonperformance?4. Briefly outline the remedies of the buyer and the seller respectively.5. Under what circumstances will a court be reluctant to award specific performance? Why?6. How is “fundamental breach of contract” defined in the CISG? Give two examples.7. Explain the rules of “passing of risk” under the CISG, giving examples.8. IS there any contract between the plaintiff and the defendant in the case of United Technologies International Inc. v. Magyar Lgi Kzlekedsi Vllalat ? Why?9. Was the plaintiff of The Nature Gas Case entitled to the compensation? Why? And what did the compensation cover?Review questions for chapter four I. Judge whether the following statements are true or false.1. Mediation and conciliation differ from arbitration in that they do not result in a binding or enforceable award. 2. Under the WTO,each member is obligated to undertake consultation to settle their dispute rather than direct panel.II. Put the following terms into English.1. WTO的争端解决机构2. 专家小组3. 商事仲裁III. Put the following terms into Chinese.1. conflict of jurisdiction2. choice of forum3. DSU 4. ICJ5.ADRIV. Give brief definitions of the following terms.1. mediation2. the doctrine of Lex Arbitri V. Answer the following questions. 1. Define “jurisdiction” and “venue”, giving at least two examples.2. Define “international commercial arbitration” and state its main features. Review questions for chapter maritime law