国际贸易法习题库及答案

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国际贸易法习题库及答案

Exercises for International Trade Law

国际贸易法习题 (Revised Edition)

(修订版)

School of International law

Northwest University of Political Science Law

西北政法大学国际法学院

August 2008 2021年8月

Introduction

The compilation of these exercises is aimed to help the students

to

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better understand the content of the course of International

Trade Law.

The exercises are arranged in accordance with the content of the

sections of each chapter. The answer to each exercise will be attached

just after the exercise.

The patterns of the exercises include choices, blank-fillings,

questions and comprehensive test aimed to test the comprehensive

abilities of the students.

These exercises are written by the teaching staff of the Center for

the Bilingual Teaching of School of International law.

***** 1 *****T FOR THE *****TIOAL SALE OF

GOODS

1. S agreed to ship 10,000 tons of potatoes FOB Tacoma,

Washington, to B in Japan. B designated the SS Russet to take delivery

at pier 7 in Tacoma. On the agreed date for delivery, S delivered the potatoes to pier 7, but the ship was not at the pier. Because another

ship using the pier was slow in loading, the Russet had to anchor at a

mooring buoy in the harbor and S had to arrange for a lighter to

transport the potatoes in containers to the ship. The lighter tied up

alongside the Russet and a cable from the ship’s boom was attached

to the first container. As the container began to cross the ship’s rail

the cable

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snapped. The container then fell on the rail, teetered back and

forth for a while, and finally crashed down the side of the ship and

capsized the lighter. All of the potatoes were dumped into the sea. B

now sues S for failure to make delivery. Is S liable?

ANSWER: S is liable. The reason is: According to FOB of Incoterms

2000, the seller must bear all risks of loss of or damage to the goods

until such time as they have passed the ship's rail at the named port

of shipment. And according to B5 of FOB, the buyer need not bear the

risks.

2. What documentation must the seller provide to the buyer if the

contract contains CIF trade terms?

ANSWER: proof of delivery, transport document or equivalent

electronic message.

3. When should the seller make delivery in case of FCA?

ANSWER: The seller must deliver the goods to the carrier or

another person nominated by the buyer, or chosen by the seller at the

named place on the date or within the period agreed for delivery.

4. Who is responsible for getting insurance in case of CIF?

ANSWER: seller

5. Who is responsible for hiring a carrier to transport the goods

under CFR term? ANSWER: seller

6. In a sales contract, the price is 1000 us dollars per ton, CIF

Shanghai. Here Shanghai is___. A port of destination B port of

departure C port of transshipment D port of delivery ANSWER: A

7. In accordance with the regulations in Incoterms 2000, under

the trade term of ____, the seller has the minimum obligation. A EXW

B FCA C DDP D CFR

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ANSWER: A

8. Which of the following terms can be used only for sea and

inland waterway transport?______ A FCA B FOB C CIF D DEQ

ANSWER: BCD

9. The full name of the term DDP is_____.

ANSWER: Delivered Duty Paid (…named place of destination)

10. In FOB term, the seller must bear all risks of loss of or damage

to the goods until such time as they_______ at the named port of

shipment. ANSWER: have passed the ship's rail

11. The United Nations Convention on Contracts for the

International Sale of Goods (CISG) has four parts, namely, ___,

___,___and ___.

ANSWER: Sphere of application and general provisions,

Formation of the contract, Sale of Goods and Final provisions

12. 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?

ANSWER: in accordance with article 1 of CISG, the Convention

applies. 13. Mr. A, whose residence is in State S (contracting state of

CISG), entered into a contract to buy two cars for his family with a car company B, whose place of business is in State W (also contracting

state of CISG). If they have no choice of law applicable to their contract,

does CISG apply?

ANSWER: CISG does not apply, because such kind of sale is

excluded in accordance with Article 2.

14. According to the provisions of CISG, which of the following is

not governed by CISG? ____ A sale by auction B sale of electricity C