广外法律英语重点(6)

amounted to an acceptance?

---3.If the contract is valid, whether the case should be arbitrated in Moscow？ Reasoning:

（1）Plaintiff’sClaim：The covering letter purporting to exclude parts of the Russian contract was a rejection of the March offer.

Defendant’sClaim：The Memorandum Agreement dated March which it signed and sent to Filanto was an offer.

Judge’s ruling：In light of the parties’ course of dealing, Filanto had a duty timely to inform its objection to the incorporation by reference of the Russian Contract, otherwise, it was bound to arbitrate.There was indeed an agreement to arbitrate between these parties.

（2）Plaintiff’s Claim：It’s effective to object to the incorporation by reference of the Russian Contract.

Defendant’sClaim：F’s retention of the letter and acceptance of C’s performance under the Agreement…should be deemed as an acceptance

Judge’s ruling：Chilewich had commenced its performance under the agreement, F knowing that but fails to notify the offeror of its objection within a reasonable time and was willing to accepting C’s performance.Under certain circumstance, plaintiff should be deeded to have assented to those terms.

（3）Plaintiff’s Claim：The court should order arbitration to proceed in this judicial district

Defendant’sClaim：The case must be arbitrated in Moscow.

Judge’s ruling：A. The chosen forum in this case does have a reasonable relation to the contract at issue. B. There is no reason to believe that the Chamber of Commerce in Moscow can not provide fair justice to these litigants

一 T or F

1. CISG, adopted by UNIDROIT, came into force on January 1, 1988.(F)

2.CISG is applicable to Commercial sale of goods between parties whose places of business are in different countries.(F)

3.Stocks, vessels, aircraft and ships are excluded from the CISG.(Y)

4.CISG became effective in China in January 1, 1988（Y）

5.In most legal systems, contracts that violate the laws of a state or nation are void. .(F)

6.A valid contract includes 4 elements: mutual assent, legally sufficient consideration, legal capacity, not for illegal purposes. （Y）

7.A contract is not formed until the offer is accepted by the offeree. （Y）

8.Under CISG, an acceptance is effective when it reaches the offeror. （Y） a. An offer becomes effective when the offeror dispatches it towards offeree. F

b. Before the offer reaches the offeree, it can be revoked by the offeror at will. F

c. An irrevocable offer cannot be withdrawn. F

d. Even if an offer is irrevocable, it may be withdrawn. T

e. After an offer reaches the offeree, it’s unlikely to make it invalid. F