王海讲AIX内容
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案例1.有一份CIF合同在美国订立,由美国商人A出售一批IBM电脑给香港商人B,按CIF香港条件成交。
双方在执行合同的过程中,对合同的形式及合同有关条款的解释发生争议。
请分析解决此项纠纷应适用香港法律还是美国法律?应适用于美国法律。
理由:合同与美国关系最密切,因为订约地和履约地都在美国。
2.我国出口苹果酒一批,国外开来信用证货物品名为“Apple Wine”,于是我出口方为单证一致起见,所有单据上均用Apple Wine,不料货到国外后竟遭海关扣留罚款,因为该批酒的内、外包装上写的是“Cider”字样.分析:(1)作为出口单位理应知道自己所售货物的英文名称。
如来证货名与实际不符,或要求对方改证,或自己更改货物上的英文名称,二者必居其一。
此例只考虑单证相符而置货物上的名称于不顾,势必给对方在办理报关时造成麻烦。
(2)Cider中文的含义也是苹果酒,也可以是苹果汁。
所以在向海关申报时要注重货物品名必须与单证一致;苹果酒与苹果汁在海关上的监管、税收和统计分类上并不一样。
如有些伊斯兰国家就禁止酒类进口,所以不应用“Apple Wine”。
3.目的:说明为何要恰当选用同一商品的不同名称美国海关规定:轻型卡车的进口关税为2 5%.而轿车关税为2.5%。
英国四轮驱动多用途卡车对美出口时,美国海关裁定其为轻型卡车,应当交纳 2 5%的进口关税。
英国的Landrover汽车公司争辩说:这种价值4万美金的四轮驱动多用途车是英国皇室最嗜好的交通工具,绝不属于卡车。
(轻型卡车一般售价为1.5万美元左右)官司打到美国财政部,结果被重新定义为轿车,按2.5%纳税。
1991年,美国通过一项“豪华品税法”,规定凡售价在3万美元以上的轿车,要纳相当于售价10%的豪华品税。
但卡车不属子豪华品,不受这一规定的限制。
这时英国的landrover 公司又向美国税务局提出,这种多用车应按卡车对待,不纳豪华品税。
因为卡车定义之—是自重6000磅以上,Landrover公司把销往美国的这种多用途车重量都增加到6017磅,成功地避免了10%的豪华品税。
护士与患者情景剧剧本范文(通用6篇)地点:某某肿瘤专科医院一病房人物:癌症病人甲(抗癌协会爱心大使)癌症病人乙(不愿接受治疗者,身着医院睡服)护士长,女(着工作服)背景:某某肿瘤专科医院投影舞台道具:病房的基本设施,两个床,一个床头柜(热水瓶和口杯),打点滴的支架【幕起】一束灯光打在病人乙身上,乙躺在床上伸了伸臂,慢慢地起来,喝口水,边往舞台中间走,边说:“嘿,何时才是尽头呀!自前年得了这该死的癌症之后,我的儿子在外面打三份工,正常工、周末工、夜晚门卫工,三十出头了还没有成家。
老伴去世早,虽然我是又当爹来又当娘,可至今儿子还在苦水里泡。
一想起这些我就头皮发木,心在绞。
不除去我自己这个大毒瘤,我的儿子那真的是曙光不知在何方。
上星期开始我就没有接受任何治疗,医生护士是轮番上阵,口水沫子怕是吐了两大桶,说得我有点心动了,但一想到我那心头的肉——儿呀,我就跺了跺脚,哼,就在这里等死。
你们可能会要说,要死不晓得回去死。
没有办法呢,我的儿子是每个星期两个长途电话。
我不能让他不安心。
”(转身放口杯,做洗漱准备,肩撘毛巾去幕后)【病人甲背着包,提着桶精神抖擞从左上。
】病人甲面对观众说:“我是一个三岁的小老头。
哦,要说明白点,我患癌症三年了,自患癌症之日起我就重新开始计算年龄。
我的老伴叫我三岁老头(窃笑状)。
今年癌细胞又看中了我这聪明的脑袋,(脱帽,说笑状)它看这聪明的脑袋不长毛,就在我这安家了。
这不,我只有向肿瘤医院伸出这双求救的手,迈进这双求助的脚。
”(说完做迈进门状)【病人乙从幕后出】乙看甲进门连忙去接甲手里的桶:“老兄,你是哪门子事呀?”甲见乙过来了(马上变了脸)沮丧地说:“哪里是一门子事呀,现在是满脑门子的事。
”(边说边放东西)乙惊讶道:“啊,到头上去了?”甲坐在床缘叹息道:“是的呢,我真是命苦呀。
(数落状)三年前体检,什么病不好得,非得让我得个癌症不可,今年癌细胞更猖狂,居然跑到我脑壳里去了。
头几年我还坚持治疗,这次呀,我死活不肯来。
案例1 商品质量不符引起的纠纷案我生产企业向马来西亚客户出口汽车配件,品名为YZ-8303R/L,但生产企业提供了YZ-8301R/L,两种型号的产品在外型上非常相似,但却用在不同的车型上,因此客户不能接受,要求我方要调换产品或降低价格。
我方考虑到退货相当麻烦,费用很高,因此只好降低价格15%,了结此案子。
——由温州某外贸企业提供我国某公司A向孟加拉国某公司B出口一批货物,合同价值约为USD20000.00,货物为汽车配件,共有10个型号,其中有四个型号要求根据客户样品制造的。
付款方式为,客户先支付定金1000美金,剩余部分30%和70%分别以L/C和T/T支付(在货物生产完毕通知客户支付)。
客人随即开来信用证,A公司按合同和L/C要求开始生产货物,但发现其中按客人样品要求订做的货物不能完成,由于客人订货的数量比较少,开发该产品十分不合算。
因此打算从其他厂家购进该产品,但遗憾的是,却一直无法找到生产该产品的厂商。
而此时已接近装船期了,其他货物亦相继生产完毕。
A公司只好告诉B公司上述问题。
B公司要求取消所有的货物并退还定金和样品,他的理由是,他要求订做的货物是十分重要的,不能缺少,因A 公司没有按时完成货物,错过他的商业机会。
A公司也感到无可奈何,确实理亏,只好答应客户的要求,承担一切货物积压的损失。
案例分析按CIF贸易术语出口。
卖方按合同的规定装船完毕后取得包括提单在内的全套装运单据。
但是,载货轮船在启航后第二天就触礁沉没,买方闻讯后提出拒收单据,拒付货款。
试问,卖方应如何处理?为什么?分析:买方必须收取单据,并支付货款。
因为以CIF术语达成交易,货物风险和费用的划分点在装运港船舷,买方承担越过船舷以后的风险。
CIF贸易术语下交货属象征性交货,卖方凭单据交货,买方凭单据付款。
只要卖方提交的单据齐全且正确,卖方无权拒收拒付。
案例分析某公司按CIF London向英国出口一批季节性较强的货物,双方在合同中规定:买方须于9月底前将信用证开到,卖方保证运货船只不得迟于12月2日驶抵目的港。
SW---白雪公主 Q---皇后 M---魔镜 H---猎人P---白马王子 D---小矮人 A---小动物音乐起,旁白A long time ago, In a beautiful kingdom, there lived a young king and queen, the people loved them so much; the queen died while giving birth to a girl, her name was Snow White, She was a beautiful princess. Year passed, the king got married again, The people didn’t love the new queen, because she was cruel.One day, In the king’s palace:----白雪出场S.w: My name is S.w , I am a beautiful princess, I miss my mother so much, Where is my mother? Where is my mother?音乐起,皇后、魔镜出场Q: I am a queen, I’m very beautiful,Where is Mirror?Mirror, Mirror on the wall, who’s the most beautiful?M: S.w is much more beautiful than you!Q: Hunter, go kill S.w.猎人出场H: Yes, my queen音乐起,小动物出场,追赶猎人,公主惊慌出逃S.w: Help me ,help me, please, pleaseA: what’s the matter with you?S.w: The hunter…hunter…A: bite you bite you …小动物追赶猎人下场S.w: I am tried and hungry, oh, there is a little house ,I will eat a little and lie down.音乐起,7个小矮人出场,D: 1/Look, somebody ate my food----2/somebody drank my water----3/someone is sleeping now----4/What a beautiful girl!----小矮人睡觉----音乐起公主先醒了----小矮人醒了----对话5/How do you do?S.w: How do you do? My name is S.w …Nice to meet you!D: (齐说)Nice to meet you ,too----6/ welcome to our house!----7/Would you like to live here?S.w: My pleasure, thank you very much!D: Let’s go out for our work, bye-bye, S.W皇后、魔镜出场Q: Mirror, mirror on the wall,who’s the most beautiful?M: S.w is much more beautiful than you!Q: What? S.w is not dead?Hahaha, I got a good idea!音乐起,皇后扮演老太太出场,对话Q: Apple ,apple, beautiful apple,S.w: Hello, Good morning grandma!Q: pretty girl ,would you like a bite?S.w: Oh, yes ,thank you grandma!白雪公主咬一口后倒地Q: The girl is dead! Hahaha…小矮人出场、围着公主哭S.w wake up, wake up…音乐起,动物引着王子出场P: A beautiful girl! She shall be my queen!王子吻公主,公主醒了S.w: Thank you for your help!P: My pleasure音乐起,小动物、小矮人、公主、王子跳起欢快的舞Most of us heard of the story about Liubei Pays Three Visits to ZhugeLiang.But today, we will offer you a new edition of it, which happened in modern society. How interesting would it be? Then let us have a look.As the financial crisis spreads across the world, the three persons — LiuBei , GuanYu , and Zhangfei had to be janitors in Caocao’s corporation to make a living for they could not find jobs.SCENE 1: At LiuBei’s homeActors:LiuBei GuanYu and ZhangFeiGuanyu:Brother!We three have been hungry for days and what should we do? It’s so terrible!Liubei: Yu, it’s impossible that I don’t feel painful, is’t it? But it’s very hard to get work now. You know? We have no diplomas of course there’s no jobs, What are you dreaming about?Zhangfei: Oh,Brother! ZhuGeliang’s wife borrowed us 500 dollars last month , it’s time for us to be debt collecters now.Guanyu: Yeah, Borther! We are as poor as church mouse now.Liubei: Alas! How did I forget this? Let’s go! Go~Go~!Hurry up! Follow me and go to the mountain for dunning!Aside: And then the three brothers set out to find ZhuGeliang.Meanwhile the legendary and mysterious character ZhuGeliang had been forced to attend CET-6 by his wife.SCENE 2:ZhuGeLiang’s houseActor: ZhuGeLiang , Wife and keeperZhuGeliang: Good morning everyone! I am the genius ZhuGeliang. My major is Military and I love it so much!I feel so morose recently. Because my wife forced me to pass the CET-6 and obliged me to do so many texts.What’s CET-6? Do you know? … It is ridiculous, I never heard about that. Wife: Darling!ZhuGeliang: My wife is coming, she is so long-winded that I can never bear her. Wife: My dear, how about your study?ZhuGeliang: These books make me want to doze. I’m dizzy.Wife: Darling! Now, the competition is soserious. If you can’t pass CET-6 to get your master’s degree, it is difficult to find a job. I have stayed here for half of my lifetime. But never visited a bigger place like LangFangZhuGeliang: Don’t worry, these books are too easy for your husband and don’t need to learn.Wife: Are you sure? Let me have a test .ZhuGeliang: A piece of cake!Wife: Listen, can you spell APPLE? DESK?ZhuGeliang: Sorry I can’tWife: You can’t? Oh how unfortunate I am! I’m wrong, I’m really wrong, I’m wrong at the beginning. I should’t marry here. I’ll never in this heartreading place now. ZhuGuliang: Don’t cry! Don’t cry! Stop! I’m going to study hard .Wife: That’s the spirit! Do you know? We are too poor to support the fees of CET-6.I even borrowed money from the gate keeper. What can I do when they ask for debts. ZhuGeliang: Are you pointing to that gatekeeper which called Liubei?Wife: Oh! Yes! Come on quickly! Boy!Keeper: What’s the matter? Madam?Wife: Listen carefully! My husband is too busy doing his homework to meet any people, so you must tell the people who calls on him that the boss has gone to study in England. Keeper: Yes! Madam!Aside: While it is going on, Liubei Guanyu Zhangfei have came to the gate of ZhuGeliang’s house.Scene3 outside ZhuGeliang’s houseActors:Luibei Zhangfei KeeperZhangfei: Let me strike the door! Open! Open!Keeper: Are these men asking for the debts?Liubei: This is Liubei! We are calling on ZhuGeliang and his wife.Keeper: Zhu said he is not in.Liubei: En???Keeper: Oh! No! …I mean… I mean my boss is studying English in England for the exam of CET-6, and he may not come back this mouthLiubei: OK! We are waiting for him here!Guanyu: Let’s go home, let him alone.Liubei: Wait! Noboby knows that when he will come back, thus let’s go home for lunch. Aside:The three men went away with disappointment.Scene 4 Outside ZhuGeliang’s houseAside:Three months passed, ZhuGeliang knows the reason that why they come here three times, and orders the keeper to let them come in , whiles his wife is outside.The cold winter is coming! It is extremely cold outside.Zhangfei: Please tell me when you see him next time, let me bind him up for you. It really should not trouble you to come here again and again.Liubei: Calm down! Calm down! Now, the borrower is god!Keeper: My boss is at home today, but he is reading books about CET-6.Please wait for a moment!Zhangfei: Zhu! Come out! Brothers! Take care of my seventh uncle and his third niece. Get out! Or I will burn you house down.Guanyu: Silence! We are here for debt not for his life.Keeper: Don’t interrupt! Boss is reading!Liubei: Keep quiet!!!! Show we the way please!Liubei: Mr Zhu, we have hunted you for a long time.ZhuGeliang: Oh! M.r Liu take a seat please. What can I do for you?Liubei: My brother, you have borrowed me $500, when will you repay it for me? I have starved for several days.ZhuGeliang: I’m sorry, I have no money, but I can assist you to win the country to pay off my debt.Liubei: However, your wife won’t set you free?ZhuGeliang: That’s too easy! The only thing I need to do is to pass the CET-6. ZhangFei: Verbal statements are no guarantee. How can you realize it?Liubei: I believe that M.r. zhu is a gentleman.ZhuGeLiang: I’m such a brilliant genius that knows astronomy and geography. Besides, I am born with natural beauty and bright beyond people’s imagination.Zhangfei: If so, how can you fail the CET-6?Guanyu: Be polite to the gentleman.ZhuGeliang: Because I don’t want to pass it deliberately.Liubei: Why?ZhuGeliang: I have been waiting for a brilliant monarch who can offer me a unique opportunity to heal the world.Guanyu: Traffic words!Liubei: Why don’t you do that by yourself?ZhuGeliang: First, I fell it beneath my dignity to serve those who have no vision. Second, I have financial problems.Liu: However, how will you help me?ZhuGeLiang:I will pass the CET-6 straight away with my sliver tongue. Social events are absolutely OK.Liubei: Is that all?ZhuGeliang: of course not! I believe you were filled with ambition, we can enlarge our power from this base, and then attack CaoCao.At last I believe that we can regain the whole country.ZhangFei: How can we trust him? We can’t even afford our own meals.Guanyu: Be quite! Money is not problem. We can loan from the bank…How about you? Liubei: Now, there’s nothing but the bare wall in his house, I suppose I can’t demand the payment of debt. We’d better take a gamble!Liubei: How long do you need to pass the CET-6?ZhuGeliang: As long as a week!Liubei: OK! We will come to meet you after a week.ZhuGeliang: No problem!ZhuGeLiang: Boy, accompany the guests to the door.Scene5: ZhuGeliang’s houseAside: After receiving the master degree, ZhuGeliang will go to work with Liubei toestablish a new kingdom. So the couple will apart.Wife: Honey!ZhuGeliang: Darling!Wife: Excellent man has a long-range ambition. You must surmount every difficulty to make money, be sure you would not to miss me.ZhuGeliang: I will have a long journey. Please take care of yourself.魔豆(7人)Act 1 Scene 1(Jack’s mother was gambling.)Mom: Oh, no, not again. (Roaring) Jack, Jack, where are you?Jack: Here I am, mom. What’s up?Mom: Send that old cow to the market to exchange some money back.Jack: But mom, if I sold Rose, we would have no milk anymore.Mom: Shut up. Do as I said.Jack: (sign) All right, all right.Act 1 Scene 2(In the market.)Girl: Sir, do you want any matches? If you buy ten boxes, I’ll give a 40 percent discount.Jack: Sounds terrific. But I don’t have any money.Girl: Please, sir, I haven’t eaten anything for three days. I’d like to exchange your cow with my matches.Jack: Sorry, but I don’t need matches. Good-bye, and good luck to you.Old man: Sir, since the sun is burning, would you like some ice cream?Jack: Thank you, but I don’t really feel like eating ice cream. See you.Mr. Bean: I have soybeans, mung beans, green beans, broad beans, green soybeans, peas, and above all, the most amazing beans in the world --- magic beans.Jack: Wow, sounds wonderful. Beans is my favorite food, I can’t wait to have a bowl of bean soup. I want to buy all the beans with this cow.Mr. Bean: This cow? What do I need this old skinny cow for? Go away, don’t bother me, kid.Jack: Sir, please. My mom always told me “Helping someone in need is a honorable deed.”Mr. Bean: All right, all right. (Sign) Today isn’t my day.Act 2(Jack went home.)Jack: Mom, where are you? See what I have got.Mom: Oh, Jack, you must have brought me lots of shining gold. Oh, I’m so excited. (Walked to Jack) What? You used our pretty cow to buy all this junks? Have you lost your mind?Jack: Mom, these are no junks. There are soybeans, mung beans, green beans, broad beans, green soybeans and magic beans.Mom: Magic beans? It doesn’t look magical at all. The vendor must be cheatingyou. I’ll keep other beans, but these magic beans, (opened the window) I’ll just throw them away.Act 3(The next morning)Jack: Ah, the sun is shining, the birds are singing, the breeze is whispering, it should be a perfect day. (He looked out of the window) Oh, my God, the magic beans have grown to a huge beanstalk! It’s can be true, it must be my imagination!Prince: Help, help.Jack: The voice came from the clouds, how strange! I must go and see what’s going on up there. (He climbed up. Then he saw the prince was stocked in a castle.)Jack: Hi, what happen to you? How can I help you?Prince: It’s a long stories, I’ll tell you only if you take one of my leg hair. (Jack took the prince’s leg hair, and the prince became as small as normal people. The prince opened the door, and welcomed Jack in.)Prince: Thank you a million for saving my life. How can I ever repay you?Jack: That’s no big deal. So what’s your story?Prince: Once open a time, there’s a greedy witch who would even destroy the world only to get my hen and harp.Jack: Your hen and harp? I don’t see they worth it.Prince: You don’t understand, the hen can produce many golden eggs, and the harp is made of gold it can sing beautiful melodies. One day, the witch turned me to a giant and flew away with my hen and harp.Jack: What are you going to do now?Prince: Of course I’m going to pay my revenge. Are you going to come with me? Jack: Well, I’ll would like to, but -------Prince: What?Jack: My mom always told me “No money, no help.”Prince: Let’s make a deal—you help me to fight against the witch, and I’ll give you ten thousand golden eggs.Jack: That’s the deal.Act 4(At the witch’s house)Witch: One egg, two eggs, three eggs. Oh, I’m so rich, ha, ha, ha --------- (Jack and Prince ran into the house.)Prince: You devil, I’m here to fight for justice. Give me my hen and harp back. Witch: Very well, you want your stuff back? Then you have to knock me down first. (Took out a box) Here, pick two scripts to determine your destiny.Prince: (picked a script) Oh no, Jack, I don’t know how to gamble!Jack: That’s OK. Let me help you. My mother always told me “Get me a chair!” (Jack won)Prince: Oh yes, yes, we win. (They hugged)Witch: Not yet, you still have to go through another test – sumo.(Prince almost failed)Prince: Jack, do something, don’t just stand there watching.Jack: Don’t worry. I have a secret weapon.(Took out a basket of beans and spread them on the ground.)(Witch fell down)Jack & Prince: We’re the kings of the world.Act 5(They ran out of the witch’s house and returned to the prince’s palace.)Prince: Jack, thank for your generous help. I couldn’t defeat that wicked witch without you.Jack: Well, I’m flattered. Since you’ve finished your revenge, could you go home with me?Prince: Jack, you’re the best friend that I’ve ever had. But I belong here. This is my home.Jack: (start weeping) But what about me? What am I going to do?Prince: Trust me, you’ll be remembered in my mind until the end of time. In one of the stars I shall be living. In one of them I shall be laughing. And so it will be as if all the stars were laughing, when you look at the stars at nigh. You – only you – will have stars that can laugh.Jack: I’ll cherish the memories we had together as sparkling diamonds.(Jack’s mom was gambling)Mom: (shouting) Oh, my God, oh, my God. Jack, I become a millionaire.Jake: It’s time for me to go. Good-bye, my friend. Take good care of yourself. Prince: So do you, my friend. (They hugged) Go, go, I have a surprise for you down there.(Jack rushed down. He saw a present was wrapped neatly. He tore it off and burst out of yelling.)Jack: (hold the prince’s toy tightly and walked to the window, smiling at the stars.)Thank you, my friend.。