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Answer for Chapter 1

I. Answer my questions

1. International trade is business whose activities involve the crossing of natio

nal 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 right 1. J 2.A 3.E 4.B 5.C 6.D 7.I 8.G 9.F 10.H

III Translate the following terms and phrases into Chinese 1 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 \elephant\exported from China were very popular in Southeast Asia, because \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 \elephant\to be blame. The brand's name translated into English was \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 couldn't give it to others or kill it because it's 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

1—5 CDCBD

6—10 CDBBB 11—15 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 1900

2) 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 dozen

4) Because of the frequent change of the market prices, it is not possible for us to keep the prices open for a whole week 5) Our prices are subject to change without notice

6）、《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 seller’s 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. ４．Ｔ

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 ship’s tackle. He is not responsible for loading the goods on board. ７．Ｆ ８．F ９．Ｔ １０．F 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 seller’s 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 buyer’s 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 W’s 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 buy

er 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 3

1、单选：CBBDA DCDDB ACAAB ABCAA 2、多选： ABCDE BCE ABCDE ABCE AC 3、判断：TTFTF FTTTT 4、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：①我方询盘中已明确告知对方我方邀请发盘的意图；②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；③