Exercises练习
I.True or False
1.Business negotiation includes the steps of enquiry,offer,counter-offer and acceptance,each of which is indispensable.( )
2.A deal is concluded when an offer is accepted within the period of validity.( )
3.An enquiry in an international business negotiation generally contains as much information as a domestic negotiation.( )
4.No matter whether or not the importer and exporter are familiar with each other,the enquiry should not be skipped in a business negotiation.( )
5.According to CISG,an invitation to make offers is not an offer.( )
6.According to CISG,an offer containing the commodity name,quantity and price of the goods is a definite offer.( )
7.An offer usually requires a fixed period for acceptance.( )
8.Acceptance should be in the form of a statement or an act.Silence does not constitute an acceptance.( )
9.In international trade,contracts are seldom signed face to face.( )
10.The functions of pro forma invoice and commercial invoice are basically the same.( )
II.Multiple Choice Questions
1.According to CISG,( )are indispensable elements for an offer.
[A]commodity name,quality,quantity
[B]commodity name,quantity,price
[C]commodity name,quality,price
[D]commodity name,price,payment
2.According to CISG,a deal is concluded( ).
[A]when the buyer receives the offer
[B]by the time of signing written contract
[C]when the buyer accepts the offer
[D]when the contract is approved by the superiors
3.Which of the following statements about the relationship between a withdrawal and a cancellation of an offer is TRUE?( )
[A]Both occur after the offer takes effect.
[B]The former occurs before the offer takes effect,while the latter occurs after the offer takes effect.
[C]Both occur before the offer takes effect.
[D]The former occurs after the offer takes effect,while the latter occurs before the offer takes effect.
4.The amendment to( )may not materially alter an offer.
[A]means of dispute settlement
[B]package of the goods
[C]quantity and term of payment
[D]time and place of delivery
5.Under what condition(s)cannot an offer be revoked?( )*
[A]When it has fixed a period of time for acceptance.
[B]When it has indicated by other means that it is irrevocable.
[C]If it is reasonable for the offeree to rely on the offer as being irrevocable and he/she has acted in reliance on the offer.
[D]When the rejection reaches the offeree so that the offer is terminated,even if it is irrevocable.
6.“We accept,but just prefer you to change the term of payment from D/P at sight to D/A.”This is( ).
[A]a counter-offer
[B]an indication of concluding a deal
[C]a valid acceptance
[D]a rejection of the offer
7.The main reason(s)leading to the termination of offer include:( ).*
[A]The offer is expired
[B]The offeror has withdrawn the offer
[C]The importer refuses the offer
[D]A force majeure incident occurs to the exporter after the offer is made
8.Which of the following statements is TRUE about CISG?( )
[A]CISG is binding on every exporter or importer in an international transaction.
[B]According to CISG,an oral offer must be accepted immediately,unless otherwise indicated.
[C]CISG is an international convention that is not binding unless made reference in the contract.
[D]CISG governs both merchandise trade and service trade.
9.Which of the following statements is TRUE about the validity of an offer?( )
[A]An offer cannot be withdrawn once it is sent to the offeree.
[B]An offer cannot be canceled once it is sent to the offeree.
[C]An offer cannot be withdrawn once it reaches the offeree.
[D]An offer cannot be canceled once it reaches the offeree.
10.Which one of the following is NOT a precondition for a business proposal to constitute an offer?( )
[A]It must have a clear audience.
[B]It must be clear about its readiness to conclude the deal.
[C]It is for reference only.
[D]It must contain the commodity name,quantity and price.
III.Case Study
1.Sinomada Machinery Co.,Ltd.,a Chinese exporter of heavy industry machinery,made an offer of forklifts to a Japanese company Kishida Construction Co.,Ltd.,quoting:“We can sell you 50 forklifts at $ 12,000 CIF Tokyo.Shipment is to be made within two months after the contract is concluded.Payment is to be made by LC at sight.Please reply as soon as possible.”Kishida Construction replied:“ We accept your offer,but we need delivery be made within one month after the contract is entered into.”Sinomada Machinery didn’t respond but sold the forklifts to a French customer.Then Kishida sued Sinomada for breach of contract.Question:Is there a contract between the two parties?Why?
2.A buyer from Snugdomus Trading Co,Ltd.,an Italian importer of furniture,visited the stall of a Dongguan based Chinese furniture manufacturer Okart Furniture Co.,Ltd.at the Canton Fair and negotiated terms for a set of wardrobes.Okart made an offer orally tothe buyer,but he did not respond on the spot.However,in the afternoon,the buyer revisited the stall to express his willingness to accept the morning’s offer.But during the day,Okart had learned that the price of this type of wardrobe had been on the rise.How do you think Okart should handle the matter?And why?