Question 1

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

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Question 2

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

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Question 3

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?

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Question 4

As an offeror,would you favor the offer/acceptance/revocation rules of the CISG or U.S.law?

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Question 5

Negotiations style in Japan can be characterized as:

Accepted Answer

Negotiations style in Japan emphasizes on harmony, personal dignity, and consensus. The negotiators aim to maintain good relationships between the parties involved and make decisions in a consensus-based manner. As a result, negotiations in Japan can often take longer, require more patience, and involve more indirect communication than in other cultures.

Question 6

Write that same contract using CISG law.

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Question 7

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

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Question 8

A German plaintiff had sold equipment to an American firm on open account.On the date the amounts were due,the American firm owed the plaintiff 60,000 marks.At that time,the dollar was worth 2.5 marks.Three years later,the plaintiff took a judgment against the American firm in the courts of New York.At the time of judgment,the dollar was worth only 1.5 marks.The New York court may do which of the following:

Accepted Answer

The plaintiff is entitled to receive the amount in the currency of the original contract at the exchange rate prevailing at the time of payment. In this case, the originally agreed amount was 60,000 marks, which would have been equal to $24,000 (60,000/2.5). However, at the time of the judgment, the dollar had weakened and was worth only 1.5 marks, which means that the plaintiff is entitled to receive $40,000 (60,000/1.5) in U.S. currency.

Question 9

If a merchant receives goods unsolicited with a note,"If I don't hear from you,I assume you will keep them and pay for them",failure to respond to the sender is an acceptance

Accepted Answer

Under most legal systems, receiving unsolicited goods does not constitute acceptance of an offer to buy, and the recipient is under no obligation to pay for them or return them. Silence or inaction does not equate to consent or acceptance in such cases.

Question 10

In what ways is the coverage of the CISG and the UCC similar? Different?

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Question 11

Contract laws in socialist countries tend to be: Which of the following is correct?
I.Detailed,mechanical,and cumbersome.
II.Enforced by private companies operating on behalf of the state.

Accepted Answer

Socialist countries often have detailed and cumbersome contract laws that outline the rights and obligations of both parties involved in a contract. These laws are typically enforced by the state, rather than private companies operating on behalf of the state. Therefore, statement II is not correct.

Question 12

Paul has a contract to sell i-watches to a Jo Ann in Vietnam,and enter into a contract to purchase the i-watches from Gregory in Silicon Valley.The Vietnam Government banned i-watches imported into the country.Consequently,Paul cancels the contract with Gregory.Is "frustration of purpose" recognized in the United States?

Accepted Answer

Frustration of purpose is generally not recognized in the United States as a valid reason for the cancellation of a contract. Instead, parties may seek other legal remedies, such as a claim for breach of contract or invoking a force majeure clause if applicable.

Question 13

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

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Question 14

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

B's reply constituted a firm offer under Article 16 of the CISG because it was clear, definite, and expressed an intention to be bound in case of acceptance. Therefore, A was entitled to rely on B's offer and could consider it as an acceptance. B's subsequent refusal to sell would amount to a breach of contract, and A would be entitled to damages. The fact that the contract was not in writing or that there was a difference in the terms of the offer and the acceptance (mirror image rule) is irrelevant under the CISG.

Question 15

Compare and contrast the remedies for breach under both U.S.law and the CISG.

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Question 16

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

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Question 17

When one party clearly sees that the other contracting party will either not perform a substantial part of the contract,this is a:

Accepted Answer

This situation is known as anticipatory breach, where one party anticipates that the other party is going to breach the contract. It allows the non-breaching party to terminate the contract and seek damages. Option A, breach of contract, refers to a situation where a party has already failed to perform their obligations. Option C, impossibility of performance, refers to a situation where performance of the contract becomes impossible due to unforeseen events. Option D, force majeure, refers to an event outside the control of the contracting parties that makes performance of the contract impossible. None of these options fit the given scenario as the non-breaching party is anticipating a breach.

Question 18

Compare and contrast the mailbox rule with the receipt theory.What implications might these different rules have?

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Question 19

Compare and contrast the remedies for breach under the CISG and U.S.law.

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