国际商法英文试卷

2002国际法学专业英语试题一案例分析（用中文回答）40%Stone v. American Lacquer Solvents Co.343 A. 2d 174 (1975)Harold E. Stone became chairman of the board of directors of American Lacquer Solvents Co. ( hereafter referred to as American) on December 7, 1967. On that date, American's board of derectors adopted a resolution that upon Stone's death, his wife, Rachel, would be paid an $8,000 annual pension by American until her death or remarriage. Teh resolution was adopted in consideration for services to be rendered to American by Stone, and it further provided that it could not be revoked wi t hout his consent.In March 1968 Stone and his wife encountered martial difficulties. Stone contacted Shaw, the president and general manager of American, and told him that he wanted the pension resolution cancelled. Shaw contacted the company's legal counsel and, acting in accordance wi t h his advice as to the procedure to be followed, prepared a letter from Stone to the board of directors of American, saving, "It is my wish that the R esolution dated December 7, 1967 concerning a pension for my wife Rachel be rescinded." Stone signed and personally delivered the letter to Shaw on March 3.On March 11, 1968, Shaw convened a special meeting of the board of directors of American. Five of the seven members of the board attended the meeting; and when Stone's letter was brought to their attention, they voted unanimously to rescind the resolution of December 7, 1967. Stone was not notified of the meeting and did not attend.Stone died on November 1, 1968; and when American refused to pay his widow, Rachel, the pension provided for in the resolution, she sued for specific performance. The trial court ruled that the resolution and been validly rescinded by the board at the meeting of March 11, 1968, and hence the plaintiff had no claim. She appealed the decision.Eagen, Justice. . . As a general rule the directors of a corporation may bind a corporation only when they act at a legal meeting of the board. If they purport to act at a meeting which is not a legal meeting, their action is not that of the corporation, and the corporation, absent ratification or acquiescence, is not bound.As to special meetings of the board of director of a corporation, the general rule in Pennsylvania is that such a meeting held without notice to some or any of the directors and in their absence is illegal, and action taken at such a meeting, although by a majority of the directors, is invalid absent ratification or estoppel. However, this notice requirement may be waived by a director either prior or subsequent to the special meeting, provided such waive is in writing. Addi t ionally, any action which may properly be taken at a meeting of a board of directors of a corporation may be affected and is binding wi t hout a meeting, if a consent in writing setting forth the action so taken is signed by each and every member of the board and filed wi t h the secretary of the corporation.A reading of the trial court's opinion filed in support of i t s decree upholding the legality of the Board's section of March 11, 1968, rescinding the Board's prior Resolution providing for the payment of the pension to the plaintiff was based on three grounds, any one of which, if corret, would warrant its ruling. First, the court conclude that Stone's letter of March 3, 1968, constituted a consent to the Board's subsequent action rescinding the pension Resolution. The difficul t y with this position is that the applicable statute requires that such a consent be executed after the meeting and that i t specifically set forth theaction taken, and that i t be filed with the secretary of the corporation. Stone's letter does not meet these requirements.Secondly, the court conclude [that] Stone's letter of March 3, 1968, consti t uted a waver of receipt of notice of the meeting of March 11, 1968. The difficulty with this position is that the letter does not refer to the meeting or indicatein any way that notice therof is waived. The letter amounts to no more than an expression of desire or consent to rescind the pension Resolution.In connection with its conclusion that Stone's letter constituted a waiver of notice of the meeting, the court reasoned that no purpose would be served by Stone's presence at the meeting since the other Directors were merely acceding to Stone's wishes and request. This analysis overlooks the rational for the salurary rule that all direcors receive notice of special meeting. That rationale is that " each member of a corporate body has the right of consultation with the others, and has the right to be heard upon all questions considered, and i t is presumed that if the absent members had been present they might have dissented, and their arguments might have convinced the majotiry of the unwisdom of their proposed action and thus have produced a different result." We agree with this rationale and, in view of the presumption embodied therein, we cannot concur in the trial court's premise that Stone and other Directors were of one mind as regards the pension rescission. In relation to this, we specifically note that another member of the Board of Directors failed to attend the meeting of March 11, 1968, and there is nothing in the record to show if he received notice of the meeting, or ever consented to the action taken the meeting.Finally, the court concluded that the rescinding resolution of Board was voidable only and that Stone's silence and failure to object thereto prior to hes death amounted to a ratification. The difficul t y with this position is that there is nothing in the record to show that Stone was ever made aware that the meeting of March 11, 1968, had been held or knew the rescinding resolution had been adopted by the Board. Under the circumstances, i t cannot be said a ratification was effected...[R]eversed and ... remanded for further proceeding...思考题：1.请以时间顺序为线索陈述本案基本事实。

国际商法教程期末试题及答案1. 单选题（每题2分，共40分）1. What is the main purpose of international commercial law?A. To regulate domestic business transactionsB. To facilitate trade between different countriesC. To protect consumers from unfair business practicesD. To enforce intellectual property rights答案：B2. Which of the following is NOT a principle of international commercial law?A. Freedom of contractB. Good faithC. Sovereign immunityD. Pacta sunt servanda答案：C3. Which international organization is responsible for the settlement of disputes between member countries?A. World Trade Organization (WTO)B. International Monetary Fund (IMF)C. United Nations (UN)D. International Court of Justice (ICJ)答案：A4. What is the purpose of the United Nations Convention on Contracts for the International Sale of Goods (CISG)?A. To harmonize contract law in different countriesB. To establish a global court for contract disputesC. To regulate the sale of goods within a specific regionD. To protect consumers from fraudulent sellers答案：A5. Which of the following is NOT a method of dispute resolution in international commercial law?A. MediationB. ArbitrationC. LitigationD. Negotiation答案：D...（继续回答6-40题）2. 客观题（每题5分，共50分）1. Define the principle of "lex mercatoria" in international commercial law.答案：Lex mercatoria refers to the body of customary rules and practices that have developed in international trade. It is based on the principles of fairness, good faith, and commercial reasonableness.2. Explain the concept of "force majeure" and its role in international contracts.答案：Force majeure refers to unforeseen circumstances or events beyond the control of the parties that make it impossible to fulfill their contractual obligations. It is often included as a clause in international contracts to excuse performance in such circumstances.3. Discuss the significance of the "most favored nation" principle in international trade.答案：The most favored nation principle requires that any favorable treatment given to one country must be extended to all other countries. It promotes equal treatment and prevents discrimination in international trade.4. Explain the difference between common law and civil law systems and their influence on international commercial law.答案：Common law systems are based on judicial precedents and case law, while civil law systems rely on codified statutes and legal codes. These two systems have different approaches to contract interpretation and dispute resolution, which can impact the application of international commercial law.5. What is the role of the International Chamber of Commerce (ICC) in international commercial law?答案：The ICC plays a significant role in the development and promotion of international commercial law. It provides standardized model contracts, rules for arbitration, and other resources to facilitate trade and resolve disputes....（继续回答6-10题）3. 论述题（每题20分，共60分）1. Discuss the importance of choice of law clauses in international contracts.答案：Choice of law clauses are essential in international contracts as they determine which jurisdiction's laws will govern the interpretation and enforcement of the contract. This helps ensure legal certainty and predictability, especially when parties involved are from different countries with different legal systems. By choosing the applicable law in advance, parties can better understand their rights and obligations under the contract and avoid potential conflicts or misunderstandings. It also provides a clear framework for resolving disputes that may arise during the course of the contract. However, it is crucial for parties to carefully consider the choice of law and seek legal advice to ensure it aligns with their interests and objectives.2. Analyze the benefits and challenges of international arbitration as a method of dispute resolution in international commercial law.答案：International arbitration offers several advantages as a method of dispute resolution in international commercial law. Firstly, it provides a neutral and private forum that allows parties to resolve their disputes outside of national courts, which can be advantageous when dealing with cross-border transactions. The use of arbitration can help avoid potential biases or preferences towards domestic parties. Secondly, it offers flexibility in terms of procedural rules, language, and choice of arbitrators. Parties can select arbitrators with expertise in the subject matter of the dispute, thus ensuring a fair and knowledgeable decision-making process. Thirdly, arbitral awards are generally enforceable across countries through international conventions such as the New York Convention, which enhances the enforceability and finality of arbitration decisions.However, international arbitration also presents challenges. It can be expensive, especially when parties need to hire specialized legal counsel and arbitrators. The lack of a formal appeals process can raise concerns about limited options for challenging an unfavorable award. Furthermore, cultural and procedural differences between parties involved from different jurisdictions can impact the efficiency and fairness of the arbitration proceedings. Despite these challenges, international arbitration remains a popular choice for resolving disputes in international commercial law due to its many advantages.3. Discuss the role of the World Trade Organization (WTO) in regulating international trade and resolving trade disputes.答案：The World Trade Organization (WTO) plays a crucial role in regulating international trade and resolving trade disputes among membercountries. Its primary objectives include facilitating the smooth flow of trade, promoting fair competition, and ensuring that trade policies are transparent and predictable. The WTO provides a framework for negotiating and enforcing trade agreements, such as the General Agreement on Tariffs and Trade (GATT) and various sector-specific agreements.One of the key functions of the WTO is dispute settlement. It offers a multilateral and binding dispute resolution mechanism that helps member countries resolve trade disputes in a fair and impartial manner. The WTO Dispute Settlement Body (DSB) consists of independent panels that hear and adjudicate trade disputes brought by member countries. The DSB's decisions are binding, and non-compliance can result in authorized retaliation or the imposition of trade sanctions.The WTO's dispute settlement mechanism has contributed to the resolution of numerous trade disputes, promoting stability and predictability in international trade. It has played a significant role in reducing trade barriers and ensuring compliance with agreed-upon trade rules. However, some criticisms include the length and complexity of the dispute settlement process, concerns about the influence of powerful countries, and the limited participation of developing countries in the decision-making process.Despite these challenges, the WTO remains an important institution for the regulation and resolution of international trade disputes. It continues to work towards a more inclusive and balanced international trading system....（继续回答4-6论述题）总结：本文针对国际商法教程期末试题及答案展开了详细的回答。

英文国际商法练习题答案International Business Law Practice Questions and AnswersInternational business law is an important aspect of global commerce, and understanding its principles and practices is essential for businesses operating across borders. In this article, we will explore some practice questions and provide answers to help you deepen your understanding of international business law.1. What is the difference between a treaty and a custom in international law? Answer: A treaty is a formal agreement between two or more sovereign states, while a custom is a general practice that has been accepted as law. Treaties are binding on the parties that have signed them, while customs are binding on all states as a matter of general international law.2. What is the principle of comity in international business law?Answer: The principle of comity is a legal doctrine that encourages courts to defer to the laws and decisions of other countries out of respect for their sovereignty. This principle is important in international business law as it helps to promote cooperation and mutual respect among different legal systems.3. What are the main sources of international business law?Answer: The main sources of international business law include treaties, customs, general principles of law, and decisions of international courts and tribunals. These sources help to create a framework for regulating international business transactions and resolving disputes between parties from different countries.4. How does the principle of forum non conveniens apply in international business law?Answer: The principle of forum non conveniens allows a court to decline jurisdiction over a case if it determines that another forum would be more appropriate for resolving the dispute. This principle is often invoked in international business law cases where the parties are from different countries and there are competing interests in different legal systems.5. What is the role of the International Chamber of Commerce (ICC) in international business law?Answer: The ICC is a global business organization that provides a forum for businesses and governments to discuss and develop international business law and practices. It also administers the ICC International Court of Arbitration, which is a leading institution for the resolution of international commercial disputes.In conclusion, international business law is a complex and dynamic field that requires a deep understanding of its principles and practices. By exploring practice questions and answers like the ones provided in this article, businesses can gain valuable insights into the legal framework that governs their international transactions and relationships.。

专业课原理概述部分一、选择题（每题1分，共5分）A. 信用证B. 汇票C. 电汇D. 货到付款答案：DA. 世界贸易组织B. 国际货币基金组织C. 欧洲联盟D. 亚太经济合作组织答案：CA. 准备阶段B. 摸底阶段C. 僵持阶段D. 成交阶段答案：AA. 美元B. 欧元C. 英镑D. 俄罗斯卢布答案：DA. CFRB. CIFC. FOBD. DDP答案：A二、判断题（每题1分，共5分）1. 国际商务合同中，卖方负责办理出口手续。

（√）2. 在国际商务活动中，信用证是一种无条件的支付承诺。

（×）3. 国际商务谈判中，文化差异对谈判结果没有影响。

（×）4. 国际货币基金组织的宗旨是促进国际货币领域的合作。

（√）5. 国际商务活动中，关税壁垒是唯一一种限制进口的手段。

（×）三、填空题（每题1分，共5分）1. 国际商务活动中，以信用证方式支付货款时，银行承担的是______（第一性）付款责任。

2. 世界贸易组织的基本原则包括非歧视原则、______（最惠国待遇）原则和透明度原则。

3. 在国际商务谈判中，______（利益）是谈判双方关注的焦点。

4. 国际商务活动中，跨国公司通过______（直接投资）方式进入国外市场。

5. 国际商务合同中，______（仲裁）是解决合同争议的一种方式。

四、简答题（每题2分，共10分）1. 简述国际商务活动中信用证的作用。

答案：信用证是一种银行信用，为买卖双方提供信用保障，降低交易风险；有利于买卖双方解决交易中的信任问题；有利于买卖双方融资。

2. 简述跨国公司的组织结构类型。

答案：跨国公司的组织结构类型包括母子结构、兄弟结构、区域结构和全球产品结构。

3. 简述国际商务谈判中的文化差异对谈判的影响。

答案：文化差异影响谈判双方的语言沟通、非语言沟通、价值观、谈判风格和信任建立。

4. 简述国际货币基金组织的职能。

答案：国际货币基金组织的主要职能包括监督国际货币体系和汇率政策、提供技术援助和培训、为成员国提供资金支持。

一．单选1.Which of the following is NOT excluded from the coverage of CISG?A.the legality 合法of the contract.B.the competency资格of the partiesC.the rights of the the third partiesD.the formation构造of a contract2.Literary, artistic and musical works have to meet the following requirement in order to be qualified for copyright protection EXCEPT thatA.they should be the expression of the ideas and feelingsB.they should be able to be reproduced复制in material from.实际形式C.they should be originalD.they should be inventive.3.(C)Under the patent law of China,which is likely to receive4.Which of the statement about French Civil Law and German Civil Law Code is WRONG?A.German came out roughly a century later than French.B.The French was enacted in 1804.C.French was straightforward in terms of language, highly structured and technically precise.D.French basically set out general rules rather than detailed provisions.5. (D)A wrote to B and offered to sell him his set of antique cigarette cards installment of $150.Is there a contract?二．填空1.the major sources of international business law include national law , international treaties and conventions ,international model law and international trade customs and usages.2.Industrial property is in principle divided into two categories: inventions and trademarks.3.According to the time of payment, a bill of exchange can be either a sight bill or a time bill.4.In an FOB term, the seller must load the goods on board the vessel. Cost and risk are divided when the goods are actually on board of the vessel.一．名词解释1.Voyage charterparty (租船合同)A charter party for carriage of a full cargo, not for a period of time, but for one voyage only,between named ports. Charterer assumes no responsibility for operation of vessel but pays stevedoring（装卸）expenses in and out.Charterer is particularly concerned with the laytime, dispatch and demurrage2.OfferAn offer is a proposal by one person to another indicating an intention to enter a contract under specified terms.3.Demurrage (滞留)If charterer loads or discharges cargo in less time than the number of laydays allowed, he earns dispatch money（速遣费）at so much a day or part of a day saved. If he takes longer to load or discharge than the number of laydays allowed, he must pay demurrage at so much aday.二．翻译1．Article 101. An annual session of the shareholders’ assembly shall be held each year. Under any of the following circumstance, an interim shareholders’ assembly session shall be held within 2 months:年度股东大会必须每年都要召开，在以下任意一种情况下，临时股东大会必须在两个月内召开：(1)The number of directors is less than two-thirds of the number of directors as requiredby this Law or the number of directors as specified in the bylaw（细则）.董事人数少于法律所规定的董事人数的2/3或细则中所规定的董事人数。

国际商法习题（双语教学）山东大学法学院姜作利Tuesday: 10.00-12.00. (public building 107)Lecture 1(1) What is meant by the term “International Model law”? briefly list three of its main features.(2) Compare and contrast the Roman-Germanic Civil Law System and the Common Law System.(3) What is the present situation of international business law in China?Lecture 2(1) Briefly describe, giving two examples, how ‘comparative advantage’is applied to promote international economics.(2) Explain the differences between ‘comparative advantage’and ‘absolute advantage’, giving three examples.(3) What industries in your province are the leading exporters? Who are the leading export firms? What do you think is the impact of exports on your province’s economy? What role does your provincial government play in promoting exports?Lecture 3(1) Give a brief survey of the historical development of CISG.(2) Make a general analysis on the limitations of CISG.(3) Give two examples to explain the applicability of CISGLecture 4(1) What is the purposes of the UNIDROIT PICC?(2) State briefly the more important general principles of the UNIDROIT PICC.(3) What are the contributions of the UNIDROIT PICC to the unification of international contract of sale of goods?Lecture 5(1) State briefly the role of trade terms in international business.(2) Compare and contract FOB and CIF, and list the main differences between them. Lecture 6(1)What is meant by the term ‘contract’ in common law?(2) Explain the differences between an offer and an invitation offer, giving examples.(3) Briefly describe how the CISG attempts to resolve problems of ‘battle of forms’.(4) Compare and contrast the provisions of the UCC and of the CISG on ‘battle of forms’.(5) Outline main theories of the validity of ‘acceptance’.Lecture 7(1) List and explain, giving examples where possible, the general principles of remedies.(2) Briefly outline the remedies of the buyer and the seller respectively.(3) Under what circumstances will a court be reluctant to award specific performance? Why?(4) What criteria will be used to determine if a party has breached?Lecture 8(1) Explain briefly anticipatory breach of contract(2) Make a concise comparison between anticipatory breach of contract and exceptio non adimpleti contractus in civil law.(3) State briefly the liquidated damages, giving one example.Lecture 9(1) What is the seller’s obligation to deliver the goods under CISG?(2) How is seller’s assurance of quality of the goods stipulated under UCC?(3) Explain the rules of ‘passing of risk’ under the CISG, giving examples.Lecture 10(1) Make an analysis on the justification of excuses of non-performance.(2) Compare and contrast the ‘excuses for non-performance’ systems of the common law and civil law.(3) Compare the theory of excuses of non-performance and the principle of favor contractus. Lecture 11(1) Define ‘a standby letter of credit’ and identify the circumstances where it can be used in international trade practices.(2) Explain, giving examples where possible, the principle of independence and the rule of strict compliance.(3) Outline and discuss the causes of fraud in letter of credit and state the rationality of doctrine of fraud exception.Lecture 12(1) State briefly the historical development of international factoring.(2) Discuss the advantages and disadvantages of international factoring to Chinese merchants.Lecture 13(1) Why is it important to determine whether an agent is acting with authority? In your answer, use at lease one case reference and give an explanation of the difference between actual and apparent authority.(2) Explain the main ways in which an agency can be ratified, giving two examples.(3) Explain briefly the circumstances that would cause an agent to be liable to the party meant to be contracting with the principal.(4) List and explain the duties of the principal and/or agent, giving examples where possible. Lecture 14(1) Define jurisdiction and venue, giving at least two examples.(2) Explain minimum contacts. What applications do they have in international disputes?(3) Compare and contrast ‘negotiation’, ‘mediation’and ‘mini-trial’and list their advantages respectively.Lecture 15(1) What are the risks associated with and advantages of arbitration? Give two examples.(2) How would a choice of law clause and a clause clearly delineating the power of the arbitrator help to address some of a party’s concerns?(3) List and explain the doctrines of choice of procedure and substantive law, giving at least three examples.(4) Describe briefly the scope of an arbitration agreement.。

长沙理工大学拟题纸(A)课程编号拟题教研室（或老师）签名教研室主任签名……………………………密…………………………封…………………………线……………………………课程名称（含档次）国际商法英语（1---A卷）专业层次（本、专）本科专业英语专业考试方式（开、闭卷）开卷考生注意事项：答案一律做在答题纸上，否则无效Ⅰ. Judge whether the following statement are true or false. (10 × 2’ = 20’)1.At present, there is no uniform code on international business so national business laws of somecountries will be used to regulate international business relationship and deal with someinternational business disputes. ( ) mon law is a matrix of case law and statutes; it uses the jury system and the doctrine ofsupremacy to limit the actions of the government. ( ) 3.The civil law is the easier of the main legal traditions to be received, as it is encapsulated inconvenient codes and it deals primarily with private law that is of little threat to the localpolitical system. ( ) 4. A request or invitation to negotiate is an offer. It is only an expression of a willingness todiscuss the possibility of entering into a contract. ( ) 5.The contracting party who makes a promise is known as the promise; the one to whom thepromise is made is the promisor. ( ) 6.Acceptance of a unilateral offer is effective upon full performance of the requested act.Generally, no communication is necessary. ( )7.Goods bought for personal use are included under CISG. ( )8.Specific performance is one of the remedies unique to the seller. ( )9.Agent can perform legal acts that bind the principal. ( )10.Copyright is the primary method of protecting and rewarding inventions. ( ) Ⅱ. Put the following terms into English or Chinese. (15 ×1’ = 15’)大陆法系普通法系允诺的禁止反悔准合同损害赔偿金非违约方付款交单出口许可证firm offeroffereefranchisemost-favored-nation treatmentrestrictive trade barriersDispute Settlement Systempublic companyⅢ. Giving brief definitions of the following terms. (5 × 3’ = 15’)1.precedent2.consideration3.specific performance4.service mark5.trade secretsⅣ. Answer the following questions. (5 × 4’ = 20’)1.Consider the layout of an integrated circuit, which is copyrightable, the drawing of the circuit orthe actual circuit? Why?2.How many ways are there to terminate an offer?3.What are the duties of issuing bank in a L/C transaction?4.What are the functions of B/L in international transactions?5.What are the main international treaties dealing with patents?Ⅴ. Case analysis (3× 10’= 30’)1.Johnson took his daughter to Mike, a doctor, and asked Mike to operate on the daughter’s hand,which had been scarred in an accident. Mike said the girl would be in the hospital for three or four days and that the hand would probably deal within a few days. The hand became infected, and daughter was hospitalized for three months.Did the father win a suit for breach of a contract?2.Your contract with Sheikh Enterprises to sell it you office-equipment business under aninstallment sales contract requiring 12 monthly payment. Sheikh Enterprisers decides not to buy the business but knows of another party, A & N Corporation, interested in doing so. All three of you get together and agree to a new contract under which A & N Corporation agrees to purchase your business. Is the original contract discharged and replaced with the new contract?3.Bruce is hired as a booking agent for a rock group, the Crash, as the group’s agent. Bruce cannegotiate contracts for the rock group to appear at concerts. Are the contracts binding and legally enforceable against the group?。

国际商法试题及答案英语一、选择题（每题2分，共20分）1. 根据《联合国国际货物销售合同公约》（CISG），卖方的基本义务是：A. 提供货物B. 支付货物运输费用C. 保证货物质量D. 办理货物出口手续答案：A2. 国际商事仲裁与国内仲裁的主要区别在于：A. 仲裁程序B. 仲裁地点C. 适用法律D. 仲裁裁决的执行答案：C3. 以下哪项不是国际商事合同中常见的条款？A. 价格条款B. 质量条款C. 交货条款D. 利润分配条款答案：D4. 在国际贸易中，信用证是一种：A. 支付方式B. 保险单C. 运输文件D. 合同答案：A5. 根据国际贸易术语解释通则（Incoterms），FOB（Free On Board）条款下，卖方的责任是：A. 货物运输到买方指定的港口B. 货物装上船并承担所有费用C. 货物装上船并承担运输费用D. 货物装上船并承担货物运输费用答案：B6. 国际商事合同的解除通常基于：A. 合同双方的同意B. 合同一方的违约C. 合同一方的破产D. 合同一方的死亡答案：B7. 国际商事合同中，不可抗力条款的主要作用是：A. 规定合同的解除条件B. 规定合同的履行期限C. 规定合同的违约责任D. 规定合同的支付方式答案：A8. 在国际贸易中，代理关系中代理人的义务包括：A. 代表委托人签订合同B. 代表委托人支付货款C. 代表委托人承担违约责任D. 代表委托人进行诉讼答案：A9. 国际商事合同中，最常用的解决争议的方式是：A. 诉讼B. 仲裁C. 调解D. 协商答案：B10. 国际商事合同中，保证条款通常用于：A. 确保合同的履行B. 确保合同的保密性C. 确保合同的合法性D. 确保合同的可执行性答案：A二、简答题（每题10分，共20分）1. 简述国际商事合同中的风险转移原则。

答案：风险转移原则是指在国际货物销售合同中，货物的风险从卖方转移到买方的时间点。

根据CISG第66条，风险转移通常与货物的交付同时发生。

《国际商法》合同法测验题专业班级：姓名：学号：Part 1: Give the Chinese or English equivalents for the following legal terms.( 30 points, 5 point each)1. CISG2. lex mercatoria3. letter of intent4.revocation of offer5. Estoppel6. exculpatory clause7. Jurisdiction8. Plaintiff9. Appellee 10. Liquidated damages Part 2: Decide whether each of the following statements is True or False. Write T if it is True, and F if it is False. (20 points, 4 point each)1. Under CISG rules, an advertisement is presumed to be an invitation unless the contrary is clearly indicted by the person making the proposal.2.Certain agreements which are shockingly unfair may be modified or set aside on grounds of unconscionability.3.If A offered to sell some land to the B for 5000, and B replied by offering to purchase the land for 4500, but A refused, and B agreed to pay 5000, the contract between A and B has been concluded.4.Charlie wrote ten of his fraternity brothers and offered to sell his textbooks with excellent margin notes for$25．Patty，who heard about the offer，wrote to Charlie accepting the offer and enclosed $25．This created a valid Contract.Part 3: Give brief answers to the following questions. (20 points, 10points each)1.What are the obligations of buyers and sellers respectively under CISG?2.What are the requirements for a valid contract?Part 4：Case Problem.(30 points)On September 21, Prentice Farm Supplies Co. received from Dayview Seed & Grain Company an envelope containing clover(三叶草) seeds. On the face of the envelope was written, “No. 1 Red Clover seed, 5,000 lbs（磅）, like sample. We are asking 24 cents per pound.” There was no covering letter（无附信件）.On September 23, Prentice wrote to acknowledge receipt of the sample. In its letter Prentice advised Day view that it had accumulated quite a stock of clover seed and preferred to wait a while “before operating further,”but stated that it might nevertheless be interested if Dayview could come down somewhat on the price.On October 4, Dayview wired Prentice: “We are now asking 23 cents per pound for the 5,000 lbs. of No. 1Red Clover seed from which your sample was taken. We have been made an offer of 22 3/4 cents per pound. s eed prices always fluctuate quickly.”On October 15, Prentice wired Dayview: “Your wire of October 4 is in our receipt. We accept your offer. ”At the time of this telegram the market price of No. 1 Red Clover seed was 25 cents per pound. Dayview immediately wired back, “Re yours of October 15, we have no deal.” Prentice then purchased 5,000 lbs. of No. 1 Red Clover seed on the market, at 25c/pound.Prentice now brings an action against Dayview based on the above facts. Discuss1。