International Economic Law Case Analysis Questions
Case 1:
A
Guoyi Company exported Thai fragrance to
B
Guoyi Company meters and signed a
FOB
contract.
A
The Chinese company applied to the inspection agency for inspection before loading
the ship. The inspection result was that the goods met the quality requirements of the contract.
A
The Chinese company promptly sends the shipment notification to the
B
Chinese company after the shipment
Notice,
However, due to excessive waves during the sea voyage,
the rice was soaked in sea water
and the quality was reduced. After the goods arrived at the destination port,
B
Chinese company required
A
Chinese company to compensate for the price difference.
Question:
A
Should Chinese company be responsible for the above losses? If this contract is concluded in
CIF
terms or
CFR
terms
, the rice is soaked in sea water Who will bear the risks and losses? (
15
points)
Answer points: The seller shall not be responsible for the risk losses suffered by the goods during transportation. The risk shall
be borne by the buyer. (
5
points) According to
Inconterms2000
, in
FOB
In the terminology, the seller only assumes
the risk before the goods cross the ship's rail, and the risk after the goods cross the ship's rail is borne by the buyer, unless the seller
the goods do not meet the requirements at the time of delivery. Contractual requirements.
(
5
points) if
CIF
or
CFR
The transaction is concluded in terms of CFR, and the seller is also not responsible for the risks and losses suffered by the goods during transportation. According to
Inconterms2000
, in
CIF
or
CFR
In terms,
the seller only bears the risk before the goods cross the ship's rail.
The risk after the goods cross the ship's rail
is also borne by the buyer, unless the seller The goods do not conform to the contract requirements on delivery. (
5
points)
Case 2:
The shipper Maxine Boots and Shoes Company exported a batch of goods,
Transported by the carrier Canadian Government Commercial Shipping Lines
. After the goods are loaded onto the ship, the carrier issues a sea bill of lading to the shipper. The back of the bill of lading contains clauses that apply to the Hague Rules. However, a fire broke out before the ship sailed, causing damage to the cargo. After investigation, it was found that the fire was caused by the negligence of an employee authorized by the captain when heating the drainage pipe.
The shipper requires the carrier to compensate for the losses caused by the failure
to deliver the goods. (
10
points)
Answer key: The carrier should compensate (
5
points) , due to failure to make the ship seaworthy before and at the time of sailing.
(
5
points)
Case 3
:
2005
The exporter of country A
Company A
signed an agreement with the importer of country B
Company B
A
FOB
contract was signed,
the contract stipulated
that
A
The company sells 1000
tons of rice to
B
company.
A
Company loaded
3000
tons of bulk rice onto a ship at a port in country A,
And instruct the carrier
C
Company, after the batch of rice arrives at the port of destination in Country B
, < /p>
1000
tons will be handed over to
B
Company, and the rest
2000
tons to another consignee. However,
C
the company's ship suffered an accident during transportation
The income of Shanghai Sewage Treatment Co., Ltd. is the source of repayment funds, and the company's assets are used as the source of repayment funds. Guarantee; if the loan is a limited recourse loan, in addition to the above-mentioned proceeds and guarantees, a third party other than Shanghai Wastewater Treatment Co., Ltd.
is generally required to provide a guarantee.
(
4
) Which of the above registered capital and project loans can be obtained from
MIGA
Insured? What types of insurance can be purchased?
Answer: The registered capital invested by Berlin Water Purification Plant and the loan guarantee provided can be insured with
MIGA
. Details can be
Insure against expropriation and similar measures, war and civil strife risk, foreign currency exchange risk, and default risk.
Case 11:
A Chinese export company and a foreign import company in
2001
3
A contract for the sale of dried bamboo shoots was signed on the 30th of the month
.
The provisions of the contract
adopted
CIF
Term, destination port is New York,
4
month
15
Ship and ship the goods in advance, and provide relevant documents in a timely manner. China Export Company will ship the goods on
April
10
. Due to weather reasons, usually only
>The 10-day voyage actually took
20
many days, and the goods arrived on
5
Arrive at the destination port onMonth
1
. China Export Company delivered the relevant documents on May 10
. Due to being at sea for too long, the cargo became moldy.
(
1
) Did the Chinese export company violate the contract? Why?
Answer: China Export Company committed a breach of contract because it failed to deliver documents in time, and timely delivery of documents is one of the important obligations of China Export Company.
(
2
) Is the Chinese export company responsible for the mildew of the goods? Why?
Answer: China Export Company does not bear responsibility. Because according to
CIF
terms, the risk is transferred from the seller to the buyer when the goods cross the ship's rail. In this case, the risk of goods including mold has been transferred from the Chinese export company to the foreign import company.
(
3
) Assume that the contract stipulates that "the goods will arrive at the destination port of New York no later than
2001
Year
4
month
30
day”.
Which obligation did China Export Company violate?
Answer: The Chinese export company violated its obligation to deliver goods within the specified time
Case 12:
Both Country A and Country B
< p>A party to the United Nations Convention on Contracts for the International Sale of Goods.
Country A
A
Company and Country B
B
Public Company
The company signed a contract to import
100
tons of sugar from
B
Company. The contract uses the
FOB
terminology of the
2000
International Trade
Terms Interpretation General Principles , and agreed that the payment method is collection. Thereafter,
Company A
and the carrier
Company C
signed a maritime cargo transportation contract
(
The contract of carriage shall be governed by
The Hague Rules
)
and to
p>
D
The insurance company
insured Ping An Insurance. The carrier's
E
arrived in country B on time for loading,
B
The company provided the goods that met the contract requirements
goods.
While
E
was sailing to the destination port in Country A,
the ship was struck by lightning and a fire broke out.
Although the fire
was put out later, most of the sugar had melted.
B
Company entrusts the bank to collect payment from
A
company,
A
The company however
refused to pay on the grounds that the goods had been damaged.
Question: Who should bear the loss of goods in this case
Why
Answer: The loss of goods in this case should be borne by buyer country A
A
The company is responsible.
Because:
(1)
The goods in this case were struck by
lightning
(
Natural disaster
p>
)
Causing most of the sugar to melt
(
Separate average loss
)
, this is not covered by Ping An Insurance,
So the insurer does not need to bear responsibility for the loss of goods;
(3
points
)
(2)
The cargo was damaged due to lightning strike,
the carrier was not at fault,
therefore No responsibility is required;
(3
points
)
(3)
Selection of sales contract in this case
FOB
Trade term, under which the risk of the goods is transferred when the goods pass the ship's rail at the port of shipment, and the loss of the goods occurs after the risk has been transferred. , therefore the damage to the goods in this case should be borne by the buyer.
(4
Points
)
Case 13:
my country
A
Company and a foreign company
B
company in
1992
A
CFR
contract for the purchase of chemical fertilizers was signed on the 20th of
October
.
A
The letter of credit issued by the company stipulates that
the shipping period is
1993
1
Month
1
Day to day
i
Month
10
Day.
Because
B
Company
failed to dispatch the chartered freighter on its way to the loading port,
As a result, loading was carried out to
1993
year
1
month
20< /p>
It will be completed in a day
. Upon accepting
B
's letter of guarantee, the carrier issued a bill of lading consistent with the terms of the letter of credit.
B
Company
went through the foreign exchange settlement procedures with the bank based on this document,
Company A
The redemption order was also paid successfully. According to the loading date stated on the bill of lading
it is estimated that the ship will be shipped
2
month
10
Arrived at the destination port on the same day,
A
The company has arranged some work to receive the goods,
but the ship did not arrive at
It arrived at the destination port on the 25th of February
. At this time, the price of fertilizers fell, so that
A
The company
sells fertilizer at significantly lower prices.
On the other hand,
since the consignee has made arrangements for transportation and
warehouses to receive the goods, the delay in the arrival of fertilizers at the port has also caused The consignee suffers losses in this regard.
Question:
(1)
When the contract of carriage in this case is adjusted by the Hague Rules or the Hamburg Rules, the carriage
Whether the liability borne by the person will be different
(2)
If in this case
A
the company is insured against all risks, the insurance Should the company be liable for compensation?
(3)
Is the bank responsible in this case?
Answer:
(1)
p>Different. Because there is no liability for transport delay under the Hague Rules,
the Hamburg Rules should
bear liability for delay, but in any case, the carrier should bear liability for breach of the charter party. And bear joint liability with
A
company for joint fraud.
(3
points
)
(2)
Insurance companies should not be held liable. Loss caused by a drop in the market price of the goods is excluded.
(3
points
)
(3)
The bank has no responsibility, because the single agreement The documents are consistent.
(4
points
)
Case 14:
2007
On April
April
May
, China Jiahe Import and Export Corporation sent a telegram to a trading company in the United States to< /p>
FOB
Conditions
Export a batch of porcelain to the United States with a total price of
1 million US dollars
, pay the price with an irrevocable documentary letter of credit
.
April
On the 11th
11
I received a reply from the American trading company, agreeing to purchase, but asking for a price reduction to
>
900
USD. China
China Jiahe Import and Export Company notified the other party by telegram on April
15
that it agreed to its Requested, American Trading Company received this telegram on April
April
17
day
.
Subsequently,
China Jiahe Import and Export Company transported the goods to Shanghai Port,
and handed them over to a Chinese ocean shipping company
For transportation, the entire batch of goods is packed in three containers.
4
Month
5
When the carrier ship was sailing on the high seas,
due to the negligence of the crew ,
A fire broke out on the ship.
One container consigned by China Jiahe Import and Export Company was burned
by fire, while the other two were intact.
The goods were shipped to New York Port on May
11
, but the American company refused to accept the goods
property and filed a claim against the Chinese export company, and both parties sued to the Chinese court.
I would like to ask, based on the above case facts:
(1)
Whether the United Nations Convention on Contracts for the International Sale of Goods can be applied to the contract dispute between the parties
< p> (2)According to relevant legal provisions, when was the contract established?
Why
(3)
China Export Should the company handle transportation insurance for this batch of porcelain
(4)
According to
FOB
delivery conditions, the risk of the goods When is it transferred from the seller to the buyer?
Answer:
(1)
Can be applied. This case falls within the scope of application of the United Nations Convention on Contracts for International Goods.
(2
points
)
(2)
Contracted on
Established on April 17, 2000
4
. According to the provisions of the Convention, the contract will take effect on the
arrival principle, that is, the American Trading Company
4
month
17
p>The contract is established when the other party's telegram is received on the day.
(2
points
)
(3)
Based on
Under FOB
terms, the seller, China Export Company, has no obligation to apply for transportation insurance and has no obligation
to bear the insurance premium.
(3
points
)
(4)
Based on
Under FOB terms, the seller, China Jiahe Import and Export Company, bears all risks of loss or damage to the goods until the goods have crossed the ship's rail at the designated port of shipment.
(3
points
)
Case 15:
In an entrepot trade, Yamashita Company of Japan and China
B
Company signed a sales contract, which stipulates that Yamashita Company of Japan will sell goods to China
B
The company sells a batch of machine tools. When signing the contract, China
B
Company clearly told the Japanese side:
These machine tools will be re-exported to Turkey and used in Turkey.
After the contract is signed,
during the performance
of the contract,
for some reason,
These machine tools were not re-exported to Turkey as originally planned, but were re-exported to Italy.
When the batch of machine tools arrived in Italy,
an Italian manufacturer discovered that the manufacturing process of the batch of machine tools
infringed on two of its patents. ,
Therefore, a request was made to the local court in accordance with its domestic patent law,
requesting the court to prohibit
the use or sale of these machine tools in Italy,
p>
Also claim damages.
According to subsequent investigation,
These machine tools
did infringe two patents of the Italian manufacturer.
These two patents All are approved and registered in Italy.
When
Chinese
B
Company found Yamashita Company of Japan and asked it to bear liability for breach of contract.
,
Japanese Yamashita Company refused to assume liability for breach of contract on the grounds that it did not know that the batch of machine tools would be re-exported to Italy when signing the contract.
A dispute arose between the two parties
. Question: Should Central Japan Yamashita Corporation be liable for breach of contract?
Why
Answer: Central Japan Yamashita Corporation should not be liable for breach of contract.
(2
points
)
Because according to
1980
According to the provisions of the United Nations
Convention on Contracts for the International Sale of Goods, the seller's intellectual property guarantee obligations for the goods sold only extend to the country in which
the buyer's place of business is located and is known to the seller at the time of the conclusion of the contract. The goods are pre-sold or used in a third country.
(3
points
)
In this case
, because Japan Yamashita Company entered into At the time of the contract, it did not know or predict that the batch of machine tools would eventually be used in
Italy. Therefore, in accordance with the provisions of the Convention, the batch of machine tools infringed Italy by being re-exported to Italy
Regarding the consequences of intellectual property rights of third parties in Italy,
Japanese Yamashita Company will not be liable for breach of contract.
(5
points
)
Case 16:
Country A
< p>ACompany
(
Buyer
)
With Country B
< p>BCompany
(
Seller
)
Signed an imported fruit contract, price conditions For
CFR
, the inspection certificate at the port of shipment is used as the basis for negotiating payment, but it is agreed that the buyer has the right to re-inspection at the port of destination.
After passing the inspection at the port of shipment, the goods will be handed over to
C
Company for transportation.
Due to the outbreak of the epidemic in Country B at that time,
When the ship arrived outside the port of destination in Country A,
the relevant authorities of Country A Fumigation and disinfection were carried out, and the work was carried out for several days.
Later,
A
The company found that the batch of fruits was completely rotten during re-inspection at the destination port.
Excuse me:
(1)
According to the Hague Rules
, the carrier
C< /p>
Should the company be liable for compensation
Why
What
(2)
In
CFR
Under the conditions, should the seller or the buyer sign the insurance contract
(3)
Under
CFR< /p>
Under the conditions, should the seller or the buyer pay the insurance premium
Answer:
(1)
Based on the "Hague Rules"
p>, the carrier should not be liable for compensation,
(3
points
)
because it enjoys< /p>
Have the right to be exempted from liability due to quarantine restrictions.
(3
points
)
(2)
at
Under CFR
conditions, the buyer should sign an insurance contract.
(2
points
)
(3)
at
Under CFR
conditions, the buyer should pay the insurance premium.
(2
points
)
Case 17:
2004
Year
May
May
August
A Chinese company signed a contract with a Korean company to order electronic components
p>
5
10,000 sets,
FCA (
A port in South Korea
)
Price conditions,
2004
year
11
month
7
Delivery will be made on Monday
9
, and the contract shall be governed by the United Nations Convention on Contracts for the International Sale of Goods
. If Contract disputes shall be settled by arbitration by the China International Economic and Trade Arbitration Commission.
Later, due to the decline in the prices of such electronic products, on June 20 of the same year, Chinese companies and South Korea
The company changes the order to
4
million sets, and the product price remains unchanged.
2004
Year
Eleven
Month
8
Day, South Korea The company delivers the goods
to the carrier designated by the Chinese company.
On November 11
25
, the Chinese company received the goods and discovered that the Korean company had
The delivery amount is still 50,000 sets.
Question:
(1) What is the Chinese name of FCA
In this case, when did the risk of the goods transfer from the Korean company? To Chinese
Company
(2)
Chinese Company
11
Month
< p>25I received the goods on the 25th. Can I hold the Korean company accountable for failing to deliver the goods on time
Its liability for breach of contract
(3)
Can Chinese companies charge the overpaid 10,000 sets of electronic components at market prices
(4)
< p>If there is1
.
5
Ten thousand sets of products are unqualified,
Chinese companies want to return unqualified products to Korean companies,
then
p>
What measures should the Chinese company take for this part of the product before actually returning it to the Korean company
Relevant costs
Who should bear it
( 5)
If the Korean company refuses to enforce the effective arbitration award after the dispute between the two parties has been arbitrated, how can the Chinese company
enforce the award in South Korea
What is the legal basis?
Answer:
(1) FCA
is the delivery carrier. The cargo risk in this case started from
Z004
year
11
month
8
< p>Japanese and Korean companiesThe risk transfers when the goods are handed over to the carrier designated by the Chinese company.
(2
points
)
(2)
No, because Korean companies have stipulated Deliver the goods within the delivery period.
(2
points
)
(3)
Chinese companies can charge more than the market price Delivered
l
10,000 sets of electronic components.
(2
points
)
(4)
The cost of preserving the goods shall be borne by the Korean company .
(2
points
)
(5)
The award shall be made in accordance with the New York Convention South Korea was implemented.
(2
points
)
Case 18:
An import and export company in Shandong and a certain A foreign company entered into a contract to import urea
5,000
tons. According to the contract, we issued an irrevocable certificate in favor of the foreign company. The total amount of the documentary letter of credit is
148
ten thousand US dollars
yuan. The parties agreed that if any disputes arise, they will be submitted to the China International Trade Arbitration Commission in Beijing for arbitration.
After the goods were shipped on October 10, 2005, the foreign company negotiated the payment at the bank with the bill of lading. After the goods arrived in Qingdao, our company
found that the urea had serious quality problems.
Immediately asked the commodity inspection agency to conduct an inspection.
It was confirmed that the batch of urea was Waste products with absolutely no use value.
Our company requires the bank to recover the paid amount with the commodity inspection certificate.
Otherwise, it will refuse to pay the bank
the payment.
Question: Should the bank recover the money paid?
Does my company have the right to refuse payment to the bank and why?
Answer: The bank does not need to recover the money paid. The import and export company has no right to refuse payment to the bank.
(3
points
)
"Uniform Customs and Practice for Documentary Letters of Credit
)) (UCP500
No.
)
stipulates that the prerequisite for payment by the issuing bank is that
the documents submitted by the beneficiary appear to be consistent with the letter of credit. consistent.
(3
points
)
In this case, the issuing bank paid for the goods under the condition that the documents complied with the conditions. The behavior does not violate
UCP500
and the issuing bank’s commitment and responsibility to the issuer. Therefore, the issuer has no right to require the issuing bank to recover the paid amount from the relevant parties. According to the principle of independent letter of credit, our import and export company must pay the redemption note to the bank.
(4
points
)
Case 19
United States
A
The company signed a contract with the Chinese company
H
to purchase a batch of mooncakes.
The delivery date is the autumn of that year.
One week before the festival,
so as to be sold to Chinese in the United States for the Mid-Autumn Festival.
However,
due to the Mid-Autumn Festival in my country
the mooncake market is booming,
B
the company’s supply I'm nervous, it's been a week since the Mid-Autumn Festival and there's still no delivery. The actual situation in the United States is that because the Mid-Autumn Festival has passed, mooncakes are difficult to sell.
A
The company then notified
B
that the contract was invalid.
Question:
(1)A
Does the company have a legal basis for declaring the contract invalid?
(2)A
,
B
The two companies have agreed to arbitrate at the China International Economic and Trade Arbitration Commission. Which party is likely to lose
the case?
< p>If the losing party fails to fulfill the arbitration award, what should the other party do?Answer:
(1)A
The basis for the company to declare the contract invalid is< /p>
B
The company’s behavior constitutes a fundamental breach of contract.
B
If the company delays
delivery, it is a breach of contract. And since Mid-Autumn mooncakes are items sold at a specific time,
B
the company delayed
delivery,
A
p>
It will be very difficult for the company to sell moon cakes, and it will suffer losses as a result, which will actually deprive the company of
A
The benefits expected from the contract,
i.e.
B
The company’s delay in delivery constitutes a fundamental breach of the contract.
B
The company
has fundamentally violated the contract,
A
The company should have the right to declare the contract invalid, Damages may be claimed against
B
Company.
(5
points
)
(2)
Because
B
The company fundamentally breached the contract,
B
The company will lose the lawsuit.
B
If the company fails to perform the arbitration award,
A
The company can apply to the Chinese court for enforcement in accordance with the provisions of the law.
(5
points
)
Case 20:
2001
Year
12
month
26
, China
A
The company signed a sales contract with the U.S.
B
company, stipulating:
China
A
< p>The company sells a batch of soybean meal to the United StatesB
Company, transaction conditions
CIF(
Los Angeles
)
, total value
27945.24
USD, payment by irrevocable letter of credit. China
A
Company has signed insurance contracts and
transportation contracts with insurance companies and ocean shipping companies.
This batch of goods was shipped in
2002
3
month
It was loaded on the "Yong'an" ship of an ocean shipping company on the 22nd
and was loaded on
3
month< /p>
No. 25
set sail. During the voyage, due to bad weather,
the ship accidentally hit a rock and sank.
All the cargo on board was destroyed.
United States
B
The company heard the news and
wanted to notify the issuing bank Citi
Bank New York Branch Refuse to pay.
Excuse me:
1
． When does the risk of goods transfer?
2
． United States
D
Whether the company has the right to ask the bank to refuse payment
Whether the bank should refuse payment
3
< p>. Should the carrier be liable for cargo damage?Why
Answer:
1
. Since the transaction conditions stipulated in the contract are
CIF
, the risk of the goods is transferred when it crosses the ship's rail.
(7
points
)
2
. If the documents from China
A
company are consistent, American
B
company has no right to ask the bank to refuse payment. Banks
should also refuse
payment.
(7
points
)
3
． The carrier should not bear the credit loss and the carrier is not at fault.
(6
points
)