试卷上的法英
T or F:(2‘ X 10 =30)
1. UNIDROIThas ratified several widely accepted legal codes for international business, including the CISG F UNCITRAL
2. The CISG only governs the applicability, the validity and forming of a contract F
3. The German, advertisements addressed to the public in general are invitations to deal T
4. Under the CISG an acceptance is not effective upon dispatch, but is effective when it reaches the offerorT
5. In an international sales transaction governed by the CISG, an acceptance containing new terms that do not materially alter the terms of the offer become a counteroffer F
6. Under the CISG, if the goods are nonconforming, the buyer must give notice to the seller at the latest within a period of two year. T
7. The buyer’s right of avoidance is not effective until the seller is given notice. T
8. The CISG provides that a breaching party shall be liable for damages in an amount sufficient to make the injured party whole in the event of a breach T
9. Under the CISG, if goods delivered to the buyer are nonconforming, although the delivery is prior to the delivery date, the seller has no chance to remedyF
10. Under the CISG, the right to avoid the contract ends when the other party provides adequate assurance that it will perform F
Blank Filling:(3’ X 10=30) 1. The CISG applies to contracts of sale of goods between parties whose places of business are in different countries.
2. the parol evidence rule states that where the parties have entered into a written sales contract that is intended to be the final expression of the parties’ agreement, the written agreement may not be contradicted by prior agreement or contemporaneous oral agreement
3. An offer may be revoked if the revocation reaches the offeree before he has dispatched an acceptance. The offeree’s dispatch of acceptances cuts off the offeror’s right to revoke the offer
4. The Mirror Imagerule requires that an offeree respond to an offer with an acceptance that is definite and unconditional, and that matches the terms of the offer exactly and unequivocally.
5. The seller must deliver goods which are of the quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract
6. List at least four remedies for breach of contract under the CISG:
(1) avoidance of the contracts,
(2) sellers’ right to remedy or cure,