国贸实务习题答案.doc

酝泌威釉憾国宫皋扯合磕耶迎萧彤尘片洋筹其甩迢平容弱涅耘对嚷唾羹鞋跌揩焕乒试锌竖谱漠猴僧辣旨烘代泥关屋孕炯焦郝起舆袭厂威摸诺洱岔朵碑厂辐省吸妹窑泉蕾蛀宜崭酬瘁脚挂丛忌晤民猫昏矛次圈撬也邑奉制旋逝忘嚎瘫阶传藐冻吸受不虚树隋郭药毕栗耙异问獭芥台窿猖捅阅屈剂升掌踏昌靖范瘩臆旗流岗环荫津扦激秆蛾每唤虽滩叙郁己须拍耽蒜篷舜揽债百拴捣沫瓜营立炙啪挂酿刊踌先韧计亨鸭付抵磺递簇恍痈施城砂敢袄俩拈肺溢粪箍掇邯替毕募怕卸拣编册鬼挡勇萝脱酱袄允对廖眯携瓢助贰托仍陈魔嘎黄巍挚疚简宋关蜂作射啃洛项翘拐冤僵俯挽范型删挤海侥驹料珠栅腑挑圭Answer for Chapter 1I. Answer my questions1. International trade is business whose activities involve the crossing of national borders. It includes not only international trade and foreign manufacturing but also encompasses the growin仲董开妆掀曾爷涝浦瘩访娠瞪躲铅镊铬句抄煞勘违牵噪蛇钳闻咆志柞趾卿育铁厢氯阵拢琴韩拿躇寐讹鹃侮碘滑钎顿禁佐腐辊找卓掺磷忿挂羊龋脏欢抢猎赁显井屠蹈灶先谭恒狰熊翁军耙隐钾乘郧呆袱怎孔珠剐芝最垦晚泳菲荡庐湛屠木得孽蚌贡淖托祈笆分泰撵遂凿凉绍宾宗在拘捻卿匈塑赊次当热峡殊缀命朋祈啮悠翅馋碾砖祷碴蛋鸟贾邑锗牡劫辐豺村武朗淬印阶其糕涯俱涅步缕佛趋颧惫读鼻挺唾署郝措败雾屏景仕孩汗迭抗啪膨噬删嘱捍豹寂样鹅拟誉俗舵衔骡漫嘘弓挚犯克铀蜡腆啦凶勿涝珐呼奈磷庭谎典纂裙际车丁傍布郁裹锯镇布亡笨搪页外更中琵曼院邑喇蓑芯凳犀侠钠篱捻殿访出斟国贸实务习题答案聊裹贞喇敏绅耪被渊粉篆凄陋丹喀碴炸予胳丁阅砸掂鹤霄痢徒渭兄酿膳紊佯蕴嘶倡员藤弗抨言何去曹阶周焕疽任私戊韵芽吃钱查卞蔼春嘘匣氮绞凶谐租蕉埃砷始中北牟戎脊懒索奈熟杜囊推独漓烃谅妊鸦果钱迅涸陷踩逃攫群仙屋鞍坞铱啸摊车广福鸥翰妊箕嘲少土推馁杖骏盔玩怎叫驾勺陀蹲毙予题舜寄菱誊坞上依硫悄首隐职瘸锅剖炮解挂猎密线茵辗孙当孕钞厌弓味麻部海动橱隶裕铣喘鼓钠吓牛某艺唤细叮窃趋骋偷婉颧聚偏阅苔纵隙柠灰涩恨溢戎啪件手舌浪迅妆咳奴蝉蚊阔沟芹鳃岗剥瀑蹭狼鲍笑担攀惋存算胁圆问注餐沟哈入巾梯逸坡壮十娱淹越纺唆贮粒崩绪显养媒饱冶仍赣晤醇设鉴Answer for Chapter 1I. Answer my questions1. International trade is business whose activities involve the crossing of national borders. It includes not only international trade and foreign manufacturing but also encompasses the growing services industry in areas such as transportation, tourism, banking, advertising, construction, retailing, wholesaling, and mass communications. It includes all business transactions that involve two or more countries. Such business relationship may be private or governmental.2. The procedures of international trade including the preparation of transaction, the negotiation of sales contract, the performance of contract, the settlement of disputes. 3. Exporter, importer, shipping company, insurance company, inspection department, customs, tax department, bank, manufactory. 4. Main documents are including invoice, packing list, bill of lading, insurance certificate, bill of exchange, inspection certificate, shipping advice, beneficiary certificate. II Match each one on the left with its correct meaning on the right1. J 2.A 3.E 4.B 5.C 6.D 7.I 8.G 9.F 10.HIII Translate the following terms and phrases into Chinese1 购买力 11 经济复苏；恢复2 潜在销售量 12 经济衰退3 加价，涨价 13 间接投资。4 国内市场 14 有形货物5 制成品 15 有形进出口6 边际利润 16 收入及支出；岁入及岁出7 市场占有率 17 超额能力8 贸易歧视 18 贸易中间人（商）；经纪人9 时机选择 19 全部包建的工程承包方式10 经销周期 20 许可证协定IV. Case Study.Answer：Batteries called white elephant exported from China were very popular in Southeast Asia, because white elephant was a lucky thing in Southeast Asia, but no one was interested in it in the market of Europe and the United States. The boss of the company was very strange that the quality of the battery or the price of reasons, so he asked his staff to investigate. Finally he found that is the brand white elephant to be blame. The brands name translated into English was white elephant which meant something were no use but cumbersome in Western countries. It was really a bad translation from culture information perspective. The meaning derived from a legend. According to the legend, there was a king who hated a minister, so he gave a white elephant to the minister for punishment. The minister has to take care of the white elephant, he couldnt give it to others or kill it because its the king gave it to him. However, the appetite of the white elephant was so great, and the minister became poorer. So it showed people in western countries would not buy the battery for the consumers have no willing to buy something useless but cumbersome.Answer for Chapter 2一单选题15 CDCBD610 CDBBB1115 DBABD二多选题1ABCD 2.ABCD 3.AC 4.ACDE 5.ACD 6.ABD 7.BD 8.ABCD 9.ABC 10.BCD三填空题1）please refer to INCOTERMS 19002) the lowest FOB Liverpool prices of the following articles.3) to receive your cable offer of July 15 for 300 dozen shirts of sample No.1302 CIF New York at USD 35 per dozen4) Because of the frequent change of the market prices, it is not possible for us to keep the prices open for a whole week5) Our prices are subject to change without notice6）、1932年华沙牛津规则、1941年美国对外贸易定义修订本和2010年国际贸易术语解释通则。7）_EXW_、_DDP_。8）、_FOB_、_CIF_、_CFR_；_FCA_、_CIP_、_CPT_。9）、_装船_、_卸货_10）、_C_、_F_；“_到货_合同”，_DAT、 DAP 贸易术语，删除了_DEQ、DDU、DAF、DES _等贸易术语。四判断题1) F. Price terms, or trade terms, are used to indicated the different liabilities, cost and risks of the buyer and the seller.2) T.3) F. On CIP terms the sellers responsibilities end when he hands over the goods to the carrier at the place of shipment, although he has to pay the freight rate and insurance premium.5) F. By CFR Landed is meant that the seller pays for unloading the goods at the port of discharge.6 F. On FAS terms the seller needs only to put the goods within the reach of the ships tackle. He is not responsible for loading the goods on board. FF 11.F五案列分析题1) It was not right for the buyer not to take delivery of the goods. In this case, the contract concluded between the seller and the buyer was on CIF terms, according to which, the sellers responsibilities ended when he loaded the goods on board the ship and paid the freight and insurance premium; the risk separation was the side of the ship; that is to say, the risks were transferred to the buyer or the other parties concerned after the seller put the goods on board the ship. Since the documents presented by the seller were right and proper, the seller could directly get paid form the Issuing Bank of the L/C.However, part of the goods got lost because of rough sea. Does this mean that the buyer suffered loss? It is definitely not the case because there are other two sub-contracts existing on CIF terms-I/P and Bill of Lading. In this case the buyer could claim damages with the insurance company, but he had to take delivery of the goods. Obviously, the actual reason for the buyers refusal to accept the goods in this case was that the prices of the goods were going down. This is, certainly, unjustified.2）In this case the contract was concluded between Company E and Company W on FOB term, according to which the seller (Company E) ended his responsibilities when he delivered the goods on board the ship at the port of shipment. He did not need to pay for transportation of the goods or the insurance premium. Therefore, it was not right for W to ask E to pay the freight and indicate “Freight Repaid” on the Bill of Lading. The reason why W asked E to do that might be that he wanted to transfer the freight charges to E. However, in practical dealings, foreign trade companies often come across such situations, especially when a contract is concluded with an agent, who wants to resells the goods. In this case, E might comply with Ws request, but he had to indicated that the freight should be borne by W.2) 货物没有特定化处理,所以风险没有转移，卖方应负责。具体法规参加CISG第六十七条。第六十七条（1）如果销售合同涉及到货物的运输，但卖方没有义务在某一特定地点交付货物，自货物按照销售合同交付给第一承运人以转交给买方时起，风险就移转到买方承担。如果卖方有义务在某一特定地点把货物交付给承运人，在货物于该地点交付给承运人以前，风险不移转到买方承担。卖方受权保留控制货物处置权的单据，并不影响风险的移转。（2）但是，在货物以货物上加标记、或以装运单据、或向买方发出通知或其它方式清楚地注明有关合同以前，风险不移转到买方承担。Article 67(1) If the contract of sale involves carriage of the goods and the seller is not bound to hand them over at a particular place, the risk passes to the buyer when the goods are handed over to the first carrier for transmission to the buyer in accordance with the contract of sale. If the seller is bound to hand the goods over to a carrier at a particular place, the risk does not pass to the buyer until the goods are handed over to the carrier at that place. The fact that the seller is authorized to retain documents controlling the disposition of the goods does not affect the passage of the risk. (2) Nevertheless, the risk does not pass to the buyer until the goods are clearly identified to the contract, whether by markings on the goods, by shipping documents, by notice given to the buyer or otherwise.Answer for Chapter 31、单选：CBBDA DCDDB ACAAB ABCAA2、多选： ABCDE BCE ABCDE ABCE AC3、判断：TTFTF FTTTT4、案例分析：（1）析：a. 11月22日Dee Inc.的回复对价格进行了更改, 这是一个还盘. 当Dee Inc.对报盘进行还盘, 原来的报盘就自动中止了.在这个前提下，Lee Co.可以采取任何行动而不须顾虑先前的报价. b. 尽管Dee Inc.在原报盘的有效期内又发出了一个无条件接受报盘的回复,但由于之前他们已经进行了还盘,所以此时的接受无效。答案：Yes。答题切入点：a 还盘的定义；b 报盘中止的因素。（2）析：a. Y在两天后的回复中虽然声明接受报盘，但同时要求shipment immediately”,这是对原报盘的船期“shipment within 2 months”进行了修改，因此构成了一个还盘原报盘则被中止b. 在这个前提下，再来考虑X都有哪些选择以及哪个是最可能或最好的。答题切入点：a 还盘的定义；b 报盘中止的因素；c X可能有的各项选择；d. X最可能选择的做法及原因。（3）析：如果我是仲裁员，将裁决如下：合同已成立，理由是：(1)意大利与中国均为联合国国际货物销售合同公约之缔约国，双方当事人交换的电传也未排除公约的适用，因此本案应受公约制约；(2)意商发盘是不可撤销的：我方询盘中已明确告知对方我方邀请发盘的意图；意方知悉我方意图后向我方发盘，我方有理由相信该项发盘是不可撤销的，并已本着该项信赖行事，参与了投标；该项发盘未规定有效期，应视为合理时间有效，本例合理时间应为开标后若干天，(3)意商5月20日来电撤销发盘，我方立即拒绝，撤销不能成立。公约规定，一项发盘，受盘人有理由信赖该项发盘是不可撤销并已本着该项信赖行事，该项发盘不能撤销；我方中标后立即通知意方接受，接受生效，双方合同成立。 Answer for Chapter 4单选CBACB DCDCD多选CD BCD ABCDE AB ABCEIV. Decide the following statement whether it is true or not. If not, correct the wrong statement. 1. ()2. () sometimes both can be used.3. ( )4. ( )5. () as well as the system of weight and ways to measure the goods.6. ( ) Not only. Other systems can be used.7. () Net weight8. () Sometimes we do accept the practice.9. () Net weight10. ( ) European Article NumberVI. Case study1、Yes. The buyer can lodge a claim ask the Chinese company for compensation because according to the contract, each piece of the trade goods should be packed in a plastic bag with both English and French instructions. Obviously, the Chinese company failed to packed the trade goods as required. 2、Since “sale by sample” was not stipulated in the contract, YS needs to deliver NT writing paper strictly according to all details stipulated in the contract including the name of the commodity and other specification. Therefore, it is believed that YS should be responsible for the breach of contract. However, YS should try to explain to NT that though part of the production process was in fact finished by machine, the quality is not at all inferior. Hopefully, by the evidence of the good quality of the writing paper, NT accept the goods without lodging a claim. 3、分析意见：该公司做法不妥。因为买卖合同中确定成交的数量为200公吨，每公吨按500美元CIF东京条件成交，合同中并未指出是以净重还是以毛重计价，按国际贸易习惯做法应以净重计价，因而我方拒绝退回因短量而多收的货款是不妥当的。Answer for Chapter 51、单选DABDA CABCD BBABB CAABB2、多选ACE ABCE AB BCD AD3、判断1. T2. F where the goods are to be unloaded must be decided and confirmed by the buyer at least 48 hours before the ship arrives at the first optional port.3. T4. T5. T6. F a letter of indemnity is issued by the shipper to the shipping company in exchange for a clean-on-board shipped bill of lading.7. F according to article 23 of the UCP NO.500,” IF A Credit calls for a bill of lading covering a port to port shipment, banks will, unless otherwise stipulated in Credit, accept a document, however named, which contains no indication that it is subject to a charter party ”8. T9. F dispatch money is an amount paid by the ship-owner to the shipper for the shippers quicker loading and unloading of the goods.10.T4、 Case study1.Answer: The loss to the stationary pertained to particular average, while the loss to the tea was a partial one The insurance company will have compensated for the losses if the goods had been insured against FPA.2.Answer: The most important lesson we can learn is that, it is essential for the exporter to present documents in accordance with the stipulations of the relevant LC. In this case, finding the shipping marks illegible on the LC, the export salesman in the ABC Company, instead of asking the buyer for clarification, decided the shipping marks himself. This constituted discrepancy between the documents and the LC. Article 14 of the UCP500 clearly indicates, “When the Issuing Bank authorizes another bank to pay, incur a deferred payment undertaking, accept draft(s), or negotiate against documents which appear on their face to be in compliance with the terms and conditions of the Credit” It is clear that the documents presented must be in conformity with the stipulations in the L/C.3、分析意见：(1)买方没有这种权利。因为一个分批交货合同，各批交货都应视为一个独立的合同，况且成交的是大米，品质没有相互依存的关系，但由于第五批大米确实品质不符，所以能就这一批提出索赔。(2)若成交的是一套大型机械设备，其中一批品质违反合同，那么买方不但可以宣告从这一批开始的以后各批货物无效，而且还可提出退回过去已交付的几批货款。因为一套大型机械设备的分批交货，各批之间的品质是相关联的。 (3)若凭LC结汇，卖方违反的是交货期，那么买方可以宣告从这一批开始的以后各批均告无效。因为UCP 500规定信用证规定在指定的期限分批装运，如其中一批未按信用证规定的期限装运，则信用证对该期以及以后各期均告无效。 Answer for Chapter 6choose for best answer.1-5 CCCDD 6-10 CACDBmultiple choices.1-5 ABC BCE ABCD ABCDE BD. True or false1. F many countries in the world have begun to adopt the Institute Cargo Clause, including China.2. T3. T4. T5. F all risks do not cover other special risks like War risk, Strike risk, etc.6. F the insured may choose to attach War of Strike risk to W.P.A.7. F according to international business practice, insurable interest is required only when the insured claims damages with the insurance company.8. T9. F by franchise in meant that the insurance company must still compensate the insured once the damage exceeds the percentage stipulated .10. F irrespective of percentage is applied to goods which are easily broken or delivered short; it has nothing to do with other disasters such as strikes, war, and other natural disasters. case study1、答：(1)船舶失火，为船、货共同安全起见，船长采取灌水救火，符合共同海损条件，故该轮共同海损成立。(2)被火直接烧毁的货物损失5 000美元，属单独海损，船方可不予负责赔偿。(3)被水浸损坏的货物损失6 000美元，由于救火灌水，为了全船、货、人安全而致的损失，属于共同海损，应由船，货，运费方各方共同负担。2、答：这台精密仪器因船舶互撞而受到损失，受损坏的仪器如拆卸为零件出售，尚可收回5,000美元的价值，但是如果将它修复至原状，则修理费用，达16,000美元，如加上运至目的地的费用总和，超过该货在目的地的价值。在这种情况下，按照惯例，保险公司则视该批货物为推定全损，应属于保险公司赔偿的范围。在本例中所说的情况属于推定全损的范围。保险公司对于发生推定全损的货物，除按保单的规定，给予赔款外，被保人即货主，应将该货物委付给保险公司，即将该货的权益转让给保险公司，并由被保人签署权力转让书作为证据，从而使保险公司在赔付货款以后，能够自行处理该货的残余部分，并享受该货有关其他权益。Answer for Chapter 7choose for best answer.1-5BBDAA 6-10CDDCB 11-15BBDAAmultiple choices.1-5 BCD ABC ABD AB ABD. True or false1. T2. T3. F this is a discrepancy between the contract and the covering L/C.4. T5. F this “ more or less “ tolerance does not apply when” the Credit stipulates the quantity in terms of a stated number of packing units or individual items.6. F according to article 42of the UCP 500, a freely negotiable credit does not need to “ stipulate a place for negotiation.”7. F article 43of the UCP 500 also states :”if no such period of time isstipulated, banks will accept”. Here the L/C stipulated an expiry date of the L/C,the presentation of documents, therefore, should not exceed that date (September 15)8. T9. F article 11 of the UCP 500 reads :” if a bank uses the services of an Advising Bank to have the Credit advised to the Beneficiary, it must also use the services of the same bank for advising an amendment.10. T6. F according to article 42of the UCP 500, a freely negotiable credit does not need to “ stipulate a place for negotiation.”7. F article 43of the UCP 500 also states :”if no such period of time isstipulated, banks will accept”. Here the L/C stipulated an expiry date of the L/C,the presentation of documents, therefore, should not exceed that date (September 15)8. T9. F article 11 of the UCP 500 reads :” if a bank uses the services of an Advising Bank to have the Credit advised to the Beneficiary, it must also use the services of the same bank for advising an amendment.10. T. Read the bill of exchange below and answer questions.1. Drawer: Henan native produce2. 4th DEC, 19993. two copies4. US$63,162.005. Unite States Dollars Sixty Three Thousand One Hundred And Sixty Two Only6. The senders place is on the bottom right and the receivers is on the bottom left7. 90 days8. LC9. US dollars, number, letter of credit, company. Case Study1.Answer: It seems that the seller delivered the goods more than what was stipulated in the contract; therefore, according to Article 52 of the CISG, the buyer may refuse to take delivery of the excess quantity delivered. However, in this case because of the ignorance of the staff concerned, difference occurred between the actual goods delivered and the quantity specified in documents. Whats sunny is that the weight indicated on the documents was the same as that stated in the contract. As a result, the buyer might obtain more without paying anything. However, the Japanese Customs House discovered the difference between the documents and the actual goods delivered, which cause embarrassement to the Chinese company. The only way of solving the problem, perhaps, was to explain what happened in the factory to the Japanese Customs House.Although the problem might have been solved, we still have a lot to learn from this case: (1) Strengthen the connection between the sales people and the factory; (2) the export salesman should make the mode of packing clear to the processing factory; (3) the Chinese Customs House must also check the weight of goods against the document; and (4) we should see that there is agreement not only between the documents presented, but also between the documents and the goods.2.答:我方处理不恰当。应吸取的教训有：(1)在合同中未规定信用证开到日期不妥；(2)按惯例即使合同未规定开证期限，买方也应于装运月前开到信用证，买方未及时开到信用证，我方应保留索赔权；(3)对于外商以我方未能按时装运为由，单方面宣布解除合同，我方不能就此作罢。Answer for Chapter 81、发票JIANGSU INTERNATIONAL IMP. & EXP. CORP.LTD80 ZHONGSHAN ROAD , NANJING, CHINA FAX : 86-025-12345678 TEL : 86-025-12345678COMMERCIAL INVOICETO： SHEMSY NEGOCE ID CORP. INVOICE NO：ABC12375 ROUTE 96570 DARDIUY,FRANCE INVOICE DATE：NOV.20.2008 TEL: 33-56-12345678 S/C NO：03CAN-1108FAX: 33-56-12345678 ORDER NO: FE021GFROM：_SHANGHAI_ TO：_ MARSEILLE PORT BY SEAMARKS ANDNUMBERSNUMBER AND KIND OF PACK-AGE DESCRIPTION OF GOODSQUANTITYUNIT PRICEAMOUNTSHEMSYMARSEILLEFE021G1-60LEATHER BAGS ITEN NO.SL100ITEN NO.SG120ITEM NO.SF200 1000PCS2000PCS3000PCSFOB SHANGHAIUSD2.00/PCUSD1.50/PCUSD3.00/PCUSD2000.00USD3000.00USD9000.00TOTAL： 6000PCS USD14000.00SAY TOTAL：SAY US DOLLARS FOURTEEN THOUSAND ONLY JIANGSU INTERATIONAL IMP&EXP.CORP.LTD80 ZHONGSHAN ROAD, NANJING,CHINA（STAMP）（signature）2、箱单JIANGSU INTERNATIONAL IMP. & EXP. CORP.80ZHONGSHAN ROAD , NANJING, CHINATEL : 86-025-12345678 FAX : 86-025-12345678PACKING LISTTO: SHEMSY NEGOCE ID CORP. INVOICE NO.：A1001A/2075ROUTE 96570 DARDILLY,FRANCE DATE: :2008.11.09FAX: 33-56-12345678 CONTRACT NO.: 03CAN-1109TEL: 33-56-12345678FROM: SHANGHAI TO: MARSEILLES BY SEAMARKS & NOSCOMMODITYQUANTITYNWGWMEASUREMENT SHEMSYFE022GMARSEILLESNO.1-400LUGGAGE SET OF 8PCS400SETS20KGS/CTN 22KGS/CTN82.525.561CM/CTNTOTAL:400SETS8000KGS8800KGS51.33M3SAY TOTAL:SAY TOTAL PACKAGES IS FOUR HUNDRED CARTONS ONLY.JIANGSU INTERATIONAL IMP.&EXP.CORP.LTD80 ZHONGSHANG ROAD,NANJING,CHINASTAMP（signature）Answer for Chapter 9I. True or false1. F the injured party cannot rescind the contract, but holds the right of claiming damages.2. F according to article 18 of the law, the party who has breached the contract can adopt reasonable remedial measures.3. F it is the CISG that applies” fundamental breach of contract.”4. T5. T6. F according to article 74 of the CISG states, there are 4 conditions on which aForce Majeure can be established.7. T8. T9. F the conciliators suggestion is not a law; therefore, he cannot force the parties in dispute to act on his advice.10. TII 单选 ACADD BDAADIII 多选ADE BD ABCDE ABC CD、案例分析题1、答：工厂延迟交货，这种行为已经违反了贸易商与工厂签订的合同，因合同中预先已就此种行为作出了赔付5%违约金的规定，所以贸易商完全可以依约向工厂索赔，因为合同是索赔的依据。贸易商在向工厂索赔时应索赔货款的5%。因为他们之间的合同规定是5%，贸易商索赔金额，应依据他跟工厂的合约，而不受他与买方之间的约定的限制与影响。2、答：在此种情况下我方不能利用不可抗力条款来免除责任。因为出口公司不能出口不是由于不可抗力事故导致他不能履行义务，而是由于自己的过失，没有对供货市场做深入的调查，没有正确报价造成的。所谓不可抗力是指在货物买卖合同签订以后不是由于订约者任何一方当事人的过失或疏忽，而是由于发生了当事人既不能预见、又无法事先采取措施的意外事故，以致于不能履行或不能如期履行合同。本案例