浙江工业大学2014 / 2015学年
第二学期试卷 B 卷
课程 International Commercial Law 姓名 ,班级 ,学号
I.Please explain the following terms(5 point for each):
(1) private international law
(2) silent partnership
(3) copyright
(4) preferred stock
(5) offer
(6) a bill of lading
II.Please answer the following questions briefly(8 point for each):
(1) The most important forms of national regulation include?
(2) Please name the four basic functions the WTO serves?
(3) Please name the three concerns ILO conventions and recommendations have dealt
with?
(4) What are carrier’s duties under a bill of lading?
(5) Why goods bought for personal, family or household use are excluded?
(6) Describe and give comments on irrevocable and revocable letters of credit?
III.Please analyze the following cases(10 points for the first one, 12 points for the second one):
(1)On January 1, Seller sent a letter to Buyer offering to sell to Buyer 5,000 widgets for $25 apiece. The letter also stated: “This offer is binding and irrevocable until February 1.” On January 5, prior to Buyer’s receipt of the letter, Seller called Buyer on the telephone and left the following message on the answering machine at Buyer’s place of business: “Ignore my letter of January 1. I have decided to withdraw the offer contained in it.” On January 7, after listening to her answering machine and reading the letter that arrived that same day, Buyer sent Seller the following telegram: “I accept your offer of Jan. 1.” Is there a contract under the CISG?
(2)State A is a member of ILO, but it has not ratified either the ILO Convention Concerning Freedom of Association or the ILO Convention Concerning the Application of the Principles of the Rights to Organize and Bargain Collectively. Some workers within State A have lodged complaints with the ILO about their rights to associate and bargain collectively. Can the ILO’s Fact-Finding and Conciliation Commission consider their complaints?