Exam 4: Sales Contracts and Excuses for Nonperformance

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Because the laws are similar in most countries,there are few problems with international sales contracts.

(True/False)
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"Conflict of Laws" in an international setting refers to which nation's laws apply to when a court hears a case.

(True/False)
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U.S.lawyers generally prefer to draft contracts in exacting,detailed,and technical language while Japanese contracts generally tend to be short and with relatively little detail.

(True/False)
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Socialist law is less flexible and more mechanical than the common law.

(True/False)
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How are the concerns of CISG Article 77 reflected in U.S.law? How does U.S.law diverge from Article 77?

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In the U.S.,the remedy of specific performance is limited to those instances where:

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The following elements are all considered to be key elements materially altering the terms of an offer when included with an acceptance under the CISG except:

(Multiple Choice)
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Scenario An attempt by an American buyer to avoid paying a French seller for goods after ignoring the French seller's request for additional time to perform the contract,which goods were delivered six days after the date provided in the contract.

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Re-write that contract using U.S.law.

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A force majeure clause serves as a general excuse for nonperformance of a sales contract in all situations.

(True/False)
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The Convention on Contracts for the International Sale of Goods (CISG)was developed to give U.S.business an advantage in international sales contracts.

(True/False)
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A buyer of goods has no obligation under the CISG to examine goods promptly when received and give notice of an error in shipment.

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If the price term is not fixed under CISG,there is no way to have a valid sales contract.

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Write that same contract using CISG law.

(Essay)
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U.S.Wheat Sales,Inc.has a contract with Zambia to supply 1,000,000 bushels of wheat.Before shipment,the U.S.government put an embargo on the sale of wheat to Zambia.U.S.Wheat cannot ship.In a legal action:

(Multiple Choice)
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The Uniform Commercial Code has provisions applicable to international business allowing substituted performance.

(True/False)
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It is a firmly held principle of international contract law that a seller is always obliged to supply goods in conformity with the provisions of public law applicable in the country of importation.

(True/False)
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Historically,multinational corporations were at a disadvantage in contact negotiations with developing countries.

(True/False)
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Under common law,a contract is formed when dispatched by the offeree.

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Contract negotiations in Japan are characterized by all of the following except:

(Multiple Choice)
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