作者HTChina (HTC支那)
看板SCU_LAWS
标题[考古]103下期末考 英美契约法 林桓老师
时间Fri Jun 26 00:32:00 2015
Hypothetic facts
Alpha sent a letter of intent to show his interests to purchase
1,000 pics apple watch from Beta for $200 each.
And the average market price for each is $320.
(1)In the letter of intent Alpha also mentioned that he would
like to have a written contract with a formal signature ceremony.
Beta responded that he will like to accept the pricing quoted by
Alpha's letter of intent. is there a contract between Alpha and Beta?
Supposed that Beta just made delivery of shipment of 1000 pics apple watch
to Alpha when he received Alpha's letter,is there a contract between them?
why?
(2)Beta responded with a pricing 10000 pic apple watch for $200 each
and then delievred the shipment.is there a contract with different
term under UCC 2-207?
(3)Supposed Beta returned a sale order with $300/each for 1000 pics,FOB NY
and Alpha then sent a comfirmation with $300/each for 1000 pics,DPP TPE,
is there a contract?
What if Alpha sent back a confirmation requesting 3 copies of certificate
of origin in addition to the sale order of $300/each for 1000 pics,FOB NY?
is there a contract? What are the wordings that Alpha should use to
make sure his confirmation is an offer rather than an acceptance?
(4)Supposed Alpha and Beta have been doing business for more than 10 years,
and Beta will always promptly object to Alpha's quote if he can not accept
Alpha's pricing. This time Alphe then sent $200,000 to Beta as the payment
one month after Alpha's letter sent. Beta never assented.
Could Beta argue no contract?
(5)Supposed Alpha sent letter of intent to Beta,indicating that Beta could
only have the deal after arrangement of shipment booking and completion of
custom clearance,Alpha then cancelled his deal before Beta completed the
custom clearance. is there any standing Beta can use against Alpha?
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分享心得骗骗P币~
依旧是只有考期末考定生死,也是任何资料皆可查阅,但其实写起来算有点困难
上了一学期几乎都考最後一个2-207的case,大一听同学上他的英美导都压力超大
修完课觉得老师其实人真的很好,只是偶尔被踩到地雷会很恐怖而已
不过老师真的很厉害上课能从英美法讲到经济在讲到国贸然後再回到我国法律
只是就是要一直跟CASE,整学年上完其实可以学到超多东西
难度不及於世宗大魔王,但是要下功夫的一门课,极力推荐对英美法有兴趣的可以修
另外,恭喜老师今年借调国发会担任副主委~
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