国际贸易法习题库及答案

Exercises for International Trade Law

国际贸易法习题 (Revised Edition)

(修订版)

School of International law

Northwest University of Political Science & Law

西北政法大学国际法学院

August 2008 2008年8月

Introduction

The compilation of these exercises is aimed to help the students to

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better understand the content of the course of International Trade Law.

The exercises are arranged in accordance with the content of the sections of each chapter. The answer to each exercise will be attached just after the exercise.

The patterns of the exercises include choices, blank-fillings, questions and comprehensive test aimed to test the comprehensive abilities of the students.

These exercises are written by the teaching staff of the Center for the Bilingual Teaching of School of International law.

CHAPTER 1 CONTRACT FOR THE INTERNATIOAL SALE OF

GOODS

1. S agreed to ship 10,000 tons of potatoes FOB Tacoma, Washington, to B in Japan. B designated the SS Russet to take delivery at pier 7 in Tacoma. On the agreed date for delivery, S delivered the potatoes to pier 7, but the ship was not at the pier. Because another ship using the pier was slow in loading, the Russet had to anchor at a mooring buoy in the harbor and S had to arrange for a lighter to transport the potatoes in containers to the ship. The lighter tied up alongside the Russet and a cable from the ship’s boom was attached to the first container. As the container began to cross the ship’s rail the cable

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snapped. The container then fell on the rail, teetered back and forth for a while, and finally crashed down the side of the ship and capsized the lighter. All of the potatoes were dumped into the sea. B now sues S for failure to make delivery. Is S liable?

ANSWER: S is liable. The reason is: According to FOB of Incoterms 2000, the seller must bear all risks of loss of or damage to the goods until such time as they have passed the ship's rail at the named port of shipment. And according to B5 of FOB, the buyer need not bear the risks.

2. What documentation must the seller provide to the buyer if the contract contains CIF trade terms?

ANSWER: proof of delivery, transport document or equivalent electronic message.

3. When should the seller make delivery in case of FCA?

ANSWER: The seller must deliver the goods to the carrier or another person nominated by the buyer, or chosen by the seller at the named place on the date or within the period agreed for delivery.

4. Who is responsible for getting insurance in case of CIF? ANSWER: seller

5. Who is responsible for hiring a carrier to transport the goods under CFR term?

ANSWER: seller

6. In a sales contract, the price is 1000 us dollars per ton, CIF Shanghai. Here Shanghai is___. A port of destination B port of departure C port of transshipment D port of delivery ANSWER: A

7. In accordance with the regulations in Incoterms 2000, under the trade term of ____, the seller has the minimum obligation. A EXW B FCA C DDP D CFR

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