Question 1

Write a contract (between a U.S.buyer and a German seller)that includes some provision of German law.

Accepted Answer

Sure, here is a sample provision that includes German law in a contract between a U.S. buyer and a German seller:

"Any disputes arising out of or in connection with this contract shall be governed by and construed in accordance with the laws of Germany. The parties agree to submit to the exclusive jurisdiction of the German courts to resolve any such disputes. This provision shall not affect the rights of either party to seek injunctive relief or other equitable remedies in any court of competent jurisdiction."

Question 2

If a U.S.buyer wants to avoid a sales contract with an Italian seller,the CISG states that the U.S.buyer:

Accepted Answer

A)  Can avoid the contract only if there has been a fundamental breach by the Italian seller. 
B)  Cannot avoid the sales contract under any circumstances. 
C)  Can avoid the contract even for minor breaches by the Italian seller. 
D)  Can avoid if done anytime within 30 days after the goods arrive. 
A)  Can avoid the contract only if there has been a fundamental breach by the Italian seller. 
B)  Cannot avoid the sales contract under any circumstances. 
C)  Can avoid the contract even for minor breaches by the Italian seller. 
D)  Can avoid if done anytime within 30 days after the goods arrive. A

Question 3

Money damages for breach of a sales contract may also include an amount for lost profits arising as a reasonably foreseeable consequence of the breach.

Accepted Answer

A) True 
 B)False  True

Question 4

The primary body of law in the U.S.dealing with domestic sales contracts is:

Accepted Answer

A)  Uniform Commercial Code (UC
C)  
B)  Convention on the International Sales of Goods (CISG) 
C)  Uniform Domestic Sales (UDS) 
D)  Convention on Domestic Contracts (CD
C) . 
A)  Uniform Commercial Code (UC
C)  
B)  Convention on the International Sales of Goods (CISG) 
C)  Uniform Domestic Sales (UDS) 
D)  Convention on Domestic Contracts (CD
C) .

Question 5

Scenario
An attempt by an American consumer to sue a Chinese manufacturer for product defects which resulted in his personal injury.

Accepted Answer

Utilizing the CISG,the Chinese seller ma

Question 6

To use the concept of impossibility of performance as an excuse for nonperformance of a contract requires that the performance be objectively impossible.

Accepted Answer

A) True 
 B)False

Question 7

The CISG is inflexible as to making sure that goods are delivered on a specified date.

Accepted Answer

A) True 
 B)False

Question 8

Specific performance is an equitable remedy requiring a party to specifically pay a certain sum of money.

Accepted Answer

A) True 
 B)False

Question 9

The CISG requires that an acceptance materially altering the terms of the offer be approved by the original offering party.

Accepted Answer

A) True 
 B)False

Question 10

Consider the benefits and detriments of a U.S.buyer and a German seller using CISG law for a sales contract.

Accepted Answer

The use of the United Nations Convention

Question 11

International sales contracts concerning consumer goods sold for personal use come under CISG.

Accepted Answer

A) True 
 B)False

Question 12

A states to B,"Within the next month,I will be placing an order for 100 Model A computers,so please give me your best price." B replies,"I will sell you this model computer for $500 each." A enters into a contract to sell the computers to C for a profit.Three weeks later,B refuses to sell the computers to A.Under the CISG:

Accepted Answer

A)  B will win because the contract was not in writing. 
B)  B will win because of the mirror image rule. 
C)  A will win because B's reply was a firm offer. 
D)  A will win because B had accepted unconditionally. 
A)  B will win because the contract was not in writing. 
B)  B will win because of the mirror image rule. 
C)  A will win because B's reply was a firm offer. 
D)  A will win because B had accepted unconditionally.

Question 13

The name of the clause put into international sales contracts to limit the liability of the parties in the event of an intervening and disruptive force beyond a party's control makes performance more difficult than expected is:

Accepted Answer

A)  Good excuse clause. 
B)  Out of control clause. 
C)  Force Majeure clause. 
D)  Excuse moi clause. 
A)  Good excuse clause. 
B)  Out of control clause. 
C)  Force Majeure clause. 
D)  Excuse moi clause.

Question 14

Scenario
An attempt by an American buyer to introduce evidence of preliminary negotiations in order to interpret a written contract in a breach of contract case against an Italian seller.

Accepted Answer

Utilizing the CISG,the American buyer ma

Question 15

Identify at least 10 similarities between the CISG and the UCC and/or U.S.common law.

Accepted Answer

1. Both the CISG and the UCC are legal f

Question 16

Eastern Airlines contracted with Gulf Oil for a supply of jet fuel.An oil embargo resulted in a 400 percent increase in the price of oil.Gulf demanded a price increase from Eastern.Eastern sued to ensure its supply of oil at the contract price.The result in court was:

Accepted Answer

A)  That Eastern won because Gulf should have foreseen this situation. 
B)  Gulf won due to commercial impracticability. 
C)  That Eastern lost because a 400 percent increase is too much of a hardship for Gulf. 
D)  None of the above would be the court's decision in this situation. 
A)  That Eastern won because Gulf should have foreseen this situation. 
B)  Gulf won due to commercial impracticability. 
C)  That Eastern lost because a 400 percent increase is too much of a hardship for Gulf. 
D)  None of the above would be the court's decision in this situation.

Question 17

In what ways do both U.S.law and the CISG contemplate circumstances beyond a party's control? How are these similar and different from each other?

Accepted Answer

Both U.S. law and the CISG (United Natio

Question 18

Identify at least 10 dissimilarities between the CISG and the UCC and/or U.S.common law.

Accepted Answer

1. Scope of application: The CISG applie

Question 19

In the event that a buyer receives a shipment of seriously defective goods,under the CISG:

Accepted Answer

A)  The buyer may accept the goods and reduce the amount paid to the seller accordingly. 
B)  The buyer must notify the seller of the defects within a reasonable time. 
C)  The seller may cure the defect up until the time for performance has expired. 
D)  The seller may request additional time to perform even though he will be late in so doing. 
E)  All of the above. 
A)  The buyer may accept the goods and reduce the amount paid to the seller accordingly. 
B)  The buyer must notify the seller of the defects within a reasonable time. 
C)  The seller may cure the defect up until the time for performance has expired. 
D)  The seller may request additional time to perform even though he will be late in so doing. 
E)  All of the above.

Question 20

International Sales Law:
I. Is not uniform because of vast political, cultural, and historical differences.
II. Is embodied in the Convention on the International Sale of Goods.
Which of the following is correct?

Accepted Answer

A)  Both I and II. 
B)  Neither I nor II. 
C)  I only. 
D)  II only. 
A)  Both I and II. 
B)  Neither I nor II. 
C)  I only. 
D)  II only.

Write a contract (between a U.S.buyer and a German seller)that includes some provision of German law.

If a U.S.buyer wants to avoid a sales contract with an Italian seller,the CISG states that the U.S.buyer:

Money damages for breach of a sales contract may also include an amount for lost profits arising as a reasonably foreseeable consequence of the breach.

The primary body of law in the U.S.dealing with domestic sales contracts is:

Scenario An attempt by an American consumer to sue a Chinese manufacturer for product defects which resulted in his personal injury.

To use the concept of impossibility of performance as an excuse for nonperformance of a contract requires that the performance be objectively impossible.

The CISG is inflexible as to making sure that goods are delivered on a specified date.

Specific performance is an equitable remedy requiring a party to specifically pay a certain sum of money.

The CISG requires that an acceptance materially altering the terms of the offer be approved by the original offering party.

Consider the benefits and detriments of a U.S.buyer and a German seller using CISG law for a sales contract.

International sales contracts concerning consumer goods sold for personal use come under CISG.

The name of the clause put into international sales contracts to limit the liability of the parties in the event of an intervening and disruptive force beyond a party's control makes performance more difficult than expected is:

Scenario An attempt by an American buyer to introduce evidence of preliminary negotiations in order to interpret a written contract in a breach of contract case against an Italian seller.

Identify at least 10 similarities between the CISG and the UCC and/or U.S.common law.

Eastern Airlines contracted with Gulf Oil for a supply of jet fuel.An oil embargo resulted in a 400 percent increase in the price of oil.Gulf demanded a price increase from Eastern.Eastern sued to ensure its supply of oil at the contract price.The result in court was:

In what ways do both U.S.law and the CISG contemplate circumstances beyond a party's control? How are these similar and different from each other?

Identify at least 10 dissimilarities between the CISG and the UCC and/or U.S.common law.

In the event that a buyer receives a shipment of seriously defective goods,under the CISG:

International Sales Law: I. Is not uniform because of vast political, cultural, and historical differences. II. Is embodied in the Convention on the International Sale of Goods. Which of the following is correct?

Introduction to International Business

International Law and the Worlds Legal Systems

Resolving International Commercial Disputes

The Documentary Sale and Terms of Trade

The Carriage of Goods and the Liability of Air and Sea Carriers

Bank Collections, Trade Finance, and Letters of Credit

National Lawmaking Powers and the Regulation of Ustrade

Gatt Law and the World Trade Organization: Basic Principles

Laws Governing Access to Foreign Markets

Regulating Import Competition and Unfair Trade

Imports, Customs, and Tariff Law

The Regulation of Exports

North American Free Trade Law

The European Union and Other Regional Trade Areas

International Marketing Law: Sales Representatives, Advertising, and Ethical Issues

Licensing Agreements and the Protection of Intellectual Property Rights

Takings and National Controls on Foreign Direct Investment

Labor and Employment Discrimination Law

Environmental Law

Regulating the Competitive Environment

Filters

Exam 4: Sales Contracts and Excuses for Nonperformance

Write a contract (between a U.S.buyer and a German seller)that includes some provision of German law.

If a U.S.buyer wants to avoid a sales contract with an Italian seller,the CISG states that the U.S.buyer:

Money damages for breach of a sales contract may also include an amount for lost profits arising as a reasonably foreseeable consequence of the breach.

The primary body of law in the U.S.dealing with domestic sales contracts is:

Scenario An attempt by an American consumer to sue a Chinese manufacturer for product defects which resulted in his personal injury.

To use the concept of impossibility of performance as an excuse for nonperformance of a contract requires that the performance be objectively impossible.

The CISG is inflexible as to making sure that goods are delivered on a specified date.

Specific performance is an equitable remedy requiring a party to specifically pay a certain sum of money.

The CISG requires that an acceptance materially altering the terms of the offer be approved by the original offering party.

Consider the benefits and detriments of a U.S.buyer and a German seller using CISG law for a sales contract.

International sales contracts concerning consumer goods sold for personal use come under CISG.

The name of the clause put into international sales contracts to limit the liability of the parties in the event of an intervening and disruptive force beyond a party's control makes performance more difficult than expected is:

Scenario An attempt by an American buyer to introduce evidence of preliminary negotiations in order to interpret a written contract in a breach of contract case against an Italian seller.

Identify at least 10 similarities between the CISG and the UCC and/or U.S.common law.

Eastern Airlines contracted with Gulf Oil for a supply of jet fuel.An oil embargo resulted in a 400 percent increase in the price of oil.Gulf demanded a price increase from Eastern.Eastern sued to ensure its supply of oil at the contract price.The result in court was:

In what ways do both U.S.law and the CISG contemplate circumstances beyond a party's control? How are these similar and different from each other?

Identify at least 10 dissimilarities between the CISG and the UCC and/or U.S.common law.

In the event that a buyer receives a shipment of seriously defective goods,under the CISG:

International Sales Law: I. Is not uniform because of vast political, cultural, and historical differences. II. Is embodied in the Convention on the International Sale of Goods. Which of the following is correct?

Introduction to International Business

International Law and the Worlds Legal Systems

Resolving International Commercial Disputes

The Documentary Sale and Terms of Trade

The Carriage of Goods and the Liability of Air and Sea Carriers

Bank Collections, Trade Finance, and Letters of Credit

National Lawmaking Powers and the Regulation of Ustrade

Gatt Law and the World Trade Organization: Basic Principles

Laws Governing Access to Foreign Markets

Regulating Import Competition and Unfair Trade

Imports, Customs, and Tariff Law

The Regulation of Exports

North American Free Trade Law

The European Union and Other Regional Trade Areas

International Marketing Law: Sales Representatives, Advertising, and Ethical Issues

Licensing Agreements and the Protection of Intellectual Property Rights

Takings and National Controls on Foreign Direct Investment

Labor and Employment Discrimination Law

Environmental Law

Regulating the Competitive Environment

Filters