pany A made an offer a farm product to Company B stating:“Packing in sound bags”. Within the validity, Company B replied “Refer to your telex first accepted, packing in new bags ”. On receiving the reply, Company A began to purchase the goods for export. Days later, as market price of the commodity was falling , Company B wrote to Company A “No contract is entered between us, as you failed to confirm our changing of the packing requirement.”Company A argued that Company B’s acceptance was effective and the contract was established then. Questions:（1）What is your opinion ? Give the reasons to support your opinion.（2）How to prevent such dispute?2.Mr. Smith, an American businessman, sold a batch of IBM computers to a Hong Kong importer, Mr. Cher. The sales contract was concluded in the United States of America on the terms of CIF Hong Kong. During execution of this contract, disputes arose between the seller and the buyer on the form and interpretation of the contract.Questions:In such a case, did the law of the U.S.A. or the law of Hong Kong apply to the disputes? Why ?3.A Chinese import and export company concluded a Sales Contract with a Holland firm on August 5 , 2000, selling a batch of certain commodity. The contract was based on CIF Rotterdam at USD 2 500 per metric ton. The Chinese company delivered the goods in compliance with the contract and obtained a clean-on\board Bill of Lading . During transportation, however, 100 metric tons of the goods got lost because of rough sea . Upon arrival of the goods ,the price of the contracted goods went down quickly. The buyer refused to take delivery of the goods and effect payment and claimed damages from the seller.Question:How would you deal with this case?4.A Chinese trading company A concluded a transaction in steel with a Hong Kong company B on the basis of FOB China Port. Company B immediately resold the steel to Company H in Libya on the terms of CFR Liberia .The L/C from B required the price terms to be FOB China Port and the goods to be directly delivered to Liberia . The L/C also required “Freight Prepaid” to be indicated on Bill of Lading.Question:Why did Company B perform so ? What should we do about it ?5.An export company was prepared to export a batch of tea sets on FOB terms. The buyer asked the company to book the ship on behalf of it , but the charges would be borne by the buyer .As the export company could not book the suitable ship in the stipulated time and the buyer did not agree to replace the transaction conditions ,the delivery was delayed . The buyer wanted to withdraw the contract based on the above reason.Question:IS buyer’s request reasonable?6.One of our companies imported a number of sheets according to CIF terms. When the goods arrived at our side, some damp sheets in transit were found. The seller presented the whole set of the documents agreed upon according to the contract and requested our company to make full payment.Can our company refuse to make the payment for the sheets because of the dampness or make claims ?7.One China Foods Co.,Ltd. Exports a batch of cider. The name of the goods is written as “APPLE WINE “ on the coming letter of credit by the foreign importing company. In order to be identical with the L/C , in all the documents the Chinese company also give the name of the goods as “APPLE WINE “. Unexpectedly, when the goods arrive at the port of importing company, they have been detained by the importing country customs and fined, because on both inner and outer package of this batch of wine, the name of the goods is “ CIDER” instead of “APPLE WINE “.As a result, the foreign company asked the Chinese company to compensation for the loss of the fines.Question:Does the Chinese company have any responsibility ?8.A Chinese export company exported some boxes of apple to Japan, according to the contract two parties concluded, the apple should be Grade Two. But when the seller made the shipment , they found some of the apple were corrupt because of damp weather , so in order to deliver the goods in time, the seller arrange goods immediately and sent the apple(Grade One ) instead, and the Chinese company still marked “Price be still fixed on Grade Two”.Question:Do you think whether the exporter fulfill the duty of the contract ? Why ?9.In 2010, a certain export company of China sent a group of businessmen to the United States for purchase of equipment. In New York both parties reached an oral agreement on such items as specifications, unit price, and quantity. Upon leaving, the group indicated to the other party that, when they got back to Beijing, they would draw a contract, which would become effective after being signed by both parties. After going back to Beijing, the group found that the clients withdrew their import of the equipment, and thus the contract was not signed and the L/C was not opened, either. The US side urged the Chinese side to perform the contract; otherwise they would lodge a claim with the Chinese side in the US.Question:How did the Chinese export company deal with this case in your opinion? Why ?10.A company purchased four kinds of steel plate: 420M/T, and the type is 6 inch, 8 inch ,10 inch and 12 inch. The quantity is 100 M/T each size, and the contract marked that: “5% more or less for each size, at seller’s option” . When the seller delivered the goods , the quantity is : 6 inch-70M/T; 8 inch-80 M/T; 10 inch-60 M/T; 12inch-210M/T. And the total quantity is 420M/T. When the exporter submits the full set of document, the importer refuses to receive the goods owing to quantity problems.Question:Do you think the importer’s action is reasonable ? List you reasons.1．某货轮在航行途中因电线走火，舱内发生火灾，经灌水灭火后统计损失，被火烧毁货物价值5000美元，因灌水救火被水浸坏货物损失6000美元。
