Please read materials in chapters 9 / 10 in the textbook, and outside materials as a guide to answer the questions: pls. number the answers
International Business Law Text, Cases, and Readings (6th ed.) Upper Saddle River, New Jersey: Pearson Education ….August R., Mayer D., & Bixby, M. (2013)., ISBN 9780132718974
Chapter 9 – pg. 538 Question
Chapter 10 – pg. 587 Question #1/#2/#3/#5/#8
Application of the CISG
#1. Seller, whose place of business is in State A, and Buyer, whose place of business is in State B, enter into a contract that stipulates that the CISG applies. Neither State A nor State B is a contracting state. Does the convention apply?
Various Provisions of the CISG
#2. Retailer in State A decides to go into the catalog sales business in State B. Both countries are parties to the CISG. Retailer purchases a mailing list from Ace Credit Card Company. The list has the names and addresses of 500,000 persons owning Ace credit cards in State B, and Retailer uses this to prepare mailing labels. John Q. Public receives a catalog addressed to him personally from Retailer. The catalog describes various types of widgets and gives prices for each one. Has the retailer made an offer to sell the widgets? If John accepts, will there be a binding contract under the CISG?
#3. On January 1, Seller sent a letter to Buyer offering to sell to Buyer 5,000 widgets for $25 apiece. The letter also stated: “This offer is binding and irrevocable until February 1.” On January 5, prior to Buyer’s receipt of the letter, Seller called Buyer on the telephone and left the following message on the answering machine at Buyer’s place of business: “Ignore my letter of January 1. I have decided to withdraw the offer contained in it.” On January 7, after listening to her answering machine and reading the letter that arrived that same day, Buyer sent Seller the following telegram: “I accept your offer of January 1.” Is there a contract under the CISG?
Is Silence Acceptance Under the CISG?
#5. Buyer received a letter in her mail on January 1 offering to sell Buyer 5,000 widgets for $20 apiece. Seller’s letter closed with the following statement: “I know that this offer is so attractive that I will assume that you accept it unless I hear otherwise by January 31.” Buyer did not reply. Seller shipped the widgets on February 1. What are Buyer’s responsibilities under the CISG?
Risk of Loss Under the CISG
#8. Dealer in the United States owned a cargo of 10,000 barrels of oil that had been shipped from Mexico on January 1 for arrival in the United States on February 1. On January 15, Dealer informed Buyer that the oil was en route and they concluded a contract. On arrival, inspection showed that the oil had been contaminated by seawater at some indeterminate time during the voyage. Assuming the CISG applies, who bears the risk?
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