国际商务合同练习册International commercial contracts 单选1. A contract is an enforceable agreement which consists of D. offer and acceptance.2.The elements for a contract to be valid include the following EXCEPT D. form and genuineness.3.For a contract, drafting is a beginning step of A. formation4.From a dynamic angle, the step of a contract normatively include: B. formation, performance, and termination.5. C. offeror means a person who made the offer.6. D. offeree means a person who made an offer is made.7. A sale of goods refers to C. transfer of the ownership of the goods from one party to another.8. A vacationing doctor is driving down the highwayand …Potter’s life. There is C. a quasi-contract in this situation.9. A C. voidable contract is a contract that… of the parties because of a defect or illegality in making it. 10.The requirements for an offer will be valid include EXCEPT B. the offeree must haveaccepted the offer.11.Which of thefollowing statements canbe regarded as an offer?C . ”I will sell this book atUS $10 to you. ”12.Johnson offers tosell his prize greyhoundto Rizzo, for example ,but the dog dies beforeRizzo can accept. Thus,the offer becomes B.ineffective.13.There are two waysto describe thecancellation of an offer,namely, A. withdrawaland revocation.14.Which of thefollowing statements isnot an acceptance? C. ”Iaccept the offer …ninetydays credit”15.If a seller sends abuyer an offer saying “Iwill assume …otherwise,”the fact the buyer doesnot respond will B. createan acceptance16.If the seller were tosend the buyer aninvitation to negotiatethat says “unless youhear otherwise…theselle r’s silence wouldconstitute a(n) D.acceptance.17. A sheriff cannotcollect a reward…criminalbecause he has B.preexisting duty tocapture the criminal.18.In general, thefollowing persons EXCEPTB. legal persons havelimited competence toenter into contract.19.De La Tour made acontract Hochster inMarch…months—June,July….This is called B.anticipatory breach.20.The internationalaspect of thecontract…andenforcement because D.all of the above.Chapter11. A contract is simplya(n) C. agreement thatdefines a relationshipbetween one or moreparties.2. A commercialcontract…agreementmade by C. two or moreparties for the purpose iftransacting business.3.The contract termsare usually supplementedand …are as followEXCEPT B. complete.4.In an internationalsales contract, the …parties D. can workagainst the …negotiation5.About cross-borderrights and …contract,which is false? B. Forcontracts made…orpractices.6.When making acommitment to performan internationalcommercial contract, B.Consider the otherparty’s…7.When tradinginternationally, you aresubject to D. any of theabove is possible8.Most jurisdictionsrequire certain contractsto be C. written to beenforceable.9.By selecting amutually acceptable D.remedy in the beginning,both … performance fail.10.The four basicterms of a contractinclude A. description ofgoods, delivery, price,and paymentChapter2.1.The issues affectinginternational contractsmay include D. all of theabove2.Which of thefollowing is NOT in favorof globalization of marketor trade? B. increase oftrade barriers.3.Much of thepressure towardglobalization is …whichmainly include EXCEPT A.government.4.In the area ofinternational sales ofgoods,…of the UnitedNations of the B. CISG5.The CISG wasfinalized at the UnitedNations convention inVienna on A. April 11,1980.6.Many membercountries have chosen toexclude the application ofcertain CISG provisions.The … A. form ofcontract.7.The CISG isintended to clarify pointsrelated to the B.formation of a contractand the rights and ….8.The CISG provisionsprimarily delineate the C.elements that must…saleof goods.9. A seller makes aproposal and the buyeraccepts it. In thissituation, can you …acontract formed? C. Itdepends10. A seller makes anoffer and the buyer…inthe buyer’s favor. The keyissue goes to C.acceptance shoulddispute arise.11.If thenonconformance was B.minor and of no…12.The CISG isinapplicable to contractfor C. sales of socks.13.The CISG isapplicable to contract forC. sales of meat.14. D. Trade sanctionsare often used toinfluence anothercountry’s domestic …15.About the lawsregulating the import,export, and sale ofgoods…followingstatements is NOT true?B. developed countriesare takingtheir…developingcountries.16.Which of thefollowing is a positive …internet? A. sales can bemade atelectronic…worldwide.Chapter 31.This term “A. privity of contract” is a shorthand expression for a…2.The buyer may be D. either B or C of the consuming chain.3.The seller may be atD. either A or B of the consuming chain.4.If there are B. many supplier and a few buyers, buyer will have a strong negotiation position because…5.If there are C. few suppliers, buyer will have the weakest negotiation …purchase options.6.The bottom line answer to the question…up in a lot of financial and A. legal trouble because of your…7.If you take delivery of the goods before they are B. exported, you will have to …seller’s country.8.If you buy foods that are C. illegal to export, you could become criminally liable.9.If you D. breach the contract, you may be brought before a court in the seller’s…a foreign judge.10.You’d better ask your lawyer about subjects that ….such as B. contracts.Chapter 41.Parties to a commercial … that the desire, but A. the laws of your country or the …awritten contract.2.If you leave B.terms out of yourcontract, the gaps willbe …of the law.3.The best way tocontrol the results ofyour D. contract is toclarify eachparty’s …every contractterm.4.The date when thecontract is B. signed isusually also the datewhen… contract providesotherwise.5.To avoid confusion,it is highly recommendedthat you D. spell out themonth…your contract.6.Identification ofparties clauseof …include the followingEXCEPT C. the purpose ofeach party.7.Which one of thefollowing abbreviationsfor…in France？C. s.a.8.The provision forfoods contains twoterms…or domestic: B.description of the goodsand price.9.Which one of thefollowing…is the mostprecise one? D. RMBYuan 10,000.0010.At minimum, thepacking … in such a wayas A. to withstandtransportation.11.Contracts for thesale of goods…defined byB. ICC—to assignresponsibilities forthe …transport.12.In general, D. titleto the goods will pass…tothe Seller by that time.13.The buyer shouldinsist on a right of B.inspection of the foodsbefore…contractspecifications.14.In B. the UnitedStates, the parties to acontract…is essential.15.The A. governinglaw clause in aninternational…if adispute arises.Chapter 51.About internationalbusiness transactions,which statement is NOTtrue? B. the termsof …meanings.2.By the 1920s,commercial…terms todescribe C. the rights andliabilities…transport ofgoods.3.Trade terms consistof C. short abbreviationsfor lengthy contractprovisions, and…forconvenience.4.The current versionof Incoterms is D.Incoterms 20005.Incoterms may beincluded in aninternational …desire thefollowing EXCEPT B.define the remedies forbreach of goods.6.In A. Ex Works , theseller merely makes the…seller’s “named place” ofbusiness.7.In B. FCA, the sellerclears the goods forexport …at the namedplace.8.In C. FAS, the sellerclears the goods forexport…”named portshipment”.9.In D. FOB, the sellerclears the goods forexport…at the port ofshipment.10.In A. CFR, the sellerclears the goods forexport… the named portof destination.11.In B. CIF, the sellerhas the same…name forthe shipment.12.In C. CPT, the sellerclears the goods forexport, delivers them tothe carrier…to the namedplace of destination.13.In D. CIP, the sellerclears the goods forexport, delivers them tothe carrier, and isresponsible for paying forcarriage and insurance tothe named …14.In A. DAF, the sellerclears the goods forexport and is responsiblefor making themavailable to the buyer atthe named point andplace at the frontier, notunloaded, and notcleared for import.15.In B. DES, the sellerclears the goods forexport and is responsiblefor making themavailable to the buyer onboard the ship at thenamed port destination,not cleared for import.16.In C. DEQ, the sellerclears the goods forexport and is responsiblefor making themavailable to the buyer onthe quay (wharf)….17.In D. DDU, theseller clears the goods forexport and is responsiblefor making themavailable to the buyer atthe named place ofdestination, not clearedfor import.18.In D. DDP, the sellerclears the goods forexport and is responsiblefor making themavailable to the buyer atthe named place ofdestination, cleared forimport, but not unloadedform the transportvehicle.19. C. Carrier refers toany person who, incontract…of such modes.20.In Incoterms, B.FOB is commonly usedin… rail is important.21.In Incoterms, A. ExWorks, places thegreatest responsibility onthe buyer andminimum…seller.22.In Incoterms, D.DDP places the maximumobligation on the sellerand …buyer.23. C. FOB is only usedin reference to …ocean orinland waterwaytransport.24. D. CPT is applicable to all modes of transport.25. B. Stowed and Trimmed is frequently used with…in the port of shipment.Chapter 22 Glossary1. A. abrogation refers to the cancellation…been performed.2. B. acceptance means an unconditional assent to an offer…terms of the offer.3. C. Accommodation is an action by one party … for another party.4. D. Assignment is a remedy for a breach of contract… financial records.5. D. Adhesion contract is a contract with standard, often printed…agree to the contract terms.6. A business enterprise that is directly or indirectly…entity is called A. affiliated company.7. A. After sight is a term in a financial instrument…after presentation or demand.8.The relationship between one individual or entity who…request or instruction is called B. agency.9.An individual or entity who is authorized … entity is called C. agent. 10. C. Amendment is anaddition, deletion, orchange in a legaldocument.11. C. As is refers to acontract term by whichthe buyer…for better orworse.12. D. Assignment isthe transfer of rights…tothe initial contract.13. D. At sight is a termin a financialinstrument …onpresentation or demand.14. B. Attachment isthe legal process… thepayment of damages ifawarded.15. D. Avoidance iscancellation of a contractby law…form theirobligations.16. A. Bailment is adelivery of goods into thepossession of another…has been accomplished.17. D. Beneficiary is aperson or entity that isnot a party to contractbut that will benefit froma contract made betweenother parties.18. A writteninstrument signed by aperson andaddress…future time iscalled A. bill of lading.19. C. Boilerplate isstandard contract termsusually…pre-printedcontract form.20. A. bona fide meansin or with foods faith,honesty, and sincerity.21. C. Breach refers to aviolation of law oragreement.22. A person’scompetency, as definedby law, to make acontract is called B.capacity.23. D. Chattel paper is adocument thatconstitutes a securityinterest in or a lease ofspecific goods for amonetary obligation.24. A. Confirmation is awritten contract ormemorandum that setsforth the terms of anagreement that wouldotherwise have beendifficult to prove andtherefore to enforce.25. D. Conflict ofinterest is a financial orethical conflict betweenan official’s privateinterests and officialduties.26. B. Consideration isan item of value passedfrom onecontracting…not binding.27. A. Consignmentcontract is an agreementby which a seller…thecontract is not binding.28. C. CISG refers to aUnited Nationsconvention thatestablishes uniform legalrules to governinternational contractsfor the sale of goodsbetween29. B. Counteroffer is areply to an offer thatmaterially alters theterms of the offer.30. C. Crossed check isa check that bears on itsface two paralleltransverse lines,indicating that it cannotbe presented for cash. Abank that accepts such acheck will pay theproceeds only to anotherbank, which will creditthe money to the accountof the payee of the check.31. B. Damages is amonetary amountclaimed and awarded toa person for loss or injuryto the person or theperson’s property.32. A. Actual damagesmeans compensation foramounts in fact incurred.33. B. Expectationdamages meanscompensation foramounts that a personcould have reasonablyanticipated receivingform a transaction had itnot failed.34. C. Incidentaldamages means expensesreasonably incurred inmitigation, or otherwisein association with,losses.35. A. Design is ascheme, drawing, plan,or other depiction of anew pattern, model,shape, or configurationthat is decorative orornamental.36. B. Destinationcontract for sale of goodsin which the risk of loss ispassed to the buyer afterthe seller delivers thegoods to the destination.37. D. Documentationis the financial andcommercial documentsrelating to a transaction.These documents mayinclude acommercial …and bill ofexchange.38. A. Execution is thelegal process forenforcing a judgment fordamages, usually byseizure and sale of thedebtor’s personalproperty.39. A contract that hasnot been performedentirely is called B.executor contract.40. B. Exhibit isdocument attached to acontract or agreement.41. A. Fine print isknown as the standardcontract terms printed insmall type …details of acontract42..A. Force majeureclause is the contractclause that excuses aparty who breaches thecontract whenperformance is preventedby the…reasonablecontrol.43. A. Goods refers toproducts, whether rawmaterials, semimanufacturedcomponents, orcompleted merchandise.44. B. Durable goods means goods that last a relatively long time without being quickly dissipated or depleted during use, such as machinery.45. C. Hard goods means consumer durable foods, such as appliances or vehicles.46. D. Soft goods means consumer goods that are not durable，such as clothing or luggage.47. A. Consumable means goods purchased for the buyer’s personal, family, or household use.48. A. Integrated contract is a contract that states every provisions to which the parties intend to agree. Parol evidence cannot be used to change or supplement the provisions of an integrated contract.49. A. Intellectual property is intangible rights that can be protected because of their novelty, uniqueness, and value to the creator. These rights include copyrights, trademarks, service marks, designs, and patents.50. B. Juridical personis an individual or entity recognized under law as having legal rights and obligation.51. D. Juridical act refer to an action intended to have, and capable ofhaving, a legal effect,such as the creation,termination, ormodification of a legalright.52. D. Liquidateddamages are an amountfixed by contract asreasonable compensationin the event a partydefaults.53. A. Material termsare contract provisionthat are so significant tothe bargain made thatthe agreement would besubstantially different ofthe terms were to bealtered or eliminated.54. C. middleman is anintermediary acting as anagent or lealer betweenbuyers and sellers.55. C. Minimumcontact is a person’sconnections to ajurisdiction, such asoperating or solicitingbusiness there…authorityof the courts of thatjurisdiction.56. A. Mitigation ofdamages is the duty,imposed by law, to usereasonable care and …tothe injured party.57. C. Mutuality ofremedy is contractprovision by which bothparties are given the rightto the same remedy or toremedies of equal effect.58. D. Necessary termsare contract provisionsfor the goods, price,delivery time, andpayment, without whichterms a contract isgenerally consideredunenforceable unless theparties have partially orfully performed it.59. A. Negotiableinstrument is a writtendocument transferablemerely by endorsementor delivery.60. D. Offer is aproposal that is made toa specific individual orentity to enter into acontract.61. A. Open-endcontract is an agreementby which the buyer maypurchase the seller’sgoods at any time withina specified periodwithout changes in theprice or other contractterms.62. B. Output contractis an agreement by whichthe buyer agrees topurchase the seller’sentire production.63. A. Parol contract isa contract that is partlyor entirely oral.64. B. Parol evidencerefers to oral statementsthat are offered to provethe terms of a contract.65. C. Power ofattorney is a writtendocument by which oneindividual or entityauthorizes anotherindividual or entity toperform stated acts onthe principal’s behalf.66. B. Pro forma invoiceis an invoice provided bya supplier prior to a saleor shipment ofmerchandise to informthe buyer of the kindsand quantities of goodsbeing sent, their value,and specifications such asweight and size.67. C. Purchase order isa buyer’s written offer toa seller stating all termsand conditions of aproposed transaction.68. A. Requirementcontract is an agreementby which the selleragrees to furnish allgoods required by thebuyer for a specifiedtimed and at a certainprice, during which timethe buyer agrees topurchase such goodsfrom the sellerexclusively.69. C. Rescind is acontracting party’s rightto cancel the contract.70. B. Restitution is alegal remedy for breachof contract by which theparties are restored totheir original positionsbefore the contract wasmade or the breachoccurred.71. C. Severabilityclause is a contract termthat provides that eachprovision of the contractis independent of all ofthe others so that if acourt invalidates any ofthe clauses, the rest ofthe contract remainsvalid.72. A. Tyingarrangement is acondition of sale that aseller imposes on a buyer,requiring that if thebuyer purchases oneproduct, the buyer mustagree to purchase asecond product also,regardless of whether thebuyer wants bothproducts.73. B. Ultral vires refersto an act performedwithout the authority todo so.74. C. Unconscionableis unfair oroppressive…because theresult would be unjust.75. D. Unfaircompetition refers totrading and businessactivities that aredishonest or fraudulentas against the activities ofother traders.76. D.VAT tax is a taxbased on the value that isadded to goods ateach…than localproducts.77. D. Void ab initiomeans having no effectfrom the time of …takeseffect.78. A. Voidable is anagreement that is validbut …illegality in makingit.79. D. Waiver is hedocument acknowledgingthe abandoning of aclaim or right.80. C. Waiver is a contract provision by which one party represents to the other that certain facts are true.完形选择题目：Culture and Contract1.You should makeevery…of businessassociates2.Well-draftedcontracts…3.You should writethe…4.Your contractprovisions…5.You will need todetermine …6. C. disputes7. E. satisfaction8. A. agreement9. B. disputes10. D. performance题目：Culture and Foreign Trade1.Your success inforeign…2.These rules…3.Culture should be …4.Cultural awareness…5.These issuesinclude…6. B. advertisement7. D. inquiry8. E. reply9. A. acceptance10. C. breach题目：Contractual Protection of Intellectual Property1.Exclusive2.Infringement3.Infringing4.Infringer5.Remedies6.The Seller, and athird party who…7.The contract shouldrequire...8.The Seller’s IPR…9.The Buyeracknowledges…10.It is also an excellentidea…题目：Parties to theTransaction (fromchapter 3, 7, and 9)1.Quality2.Quantity3.Price4.Cost5.Interests6.Anticipate…7.Remain…8.Make a …9.Become familiar…10.Consider …题目：Contract andRelationship1.You must proceed …2.You must learn…3.Written contract…4.Whererelationships…5.Where contracts…6.Inquiry7.Recipient8.Customs9.Contract10.Response题目：Contract andCulture1.If you are courting…2.If you are too…3.Business deals…4.If you tender an …5.Provided you have…6.Adopt7.Know8.Practice9.Break10.Practice题目：Contract DisputeResolution: Negotiationand Mediation1.Dispute resolution2.Transaction3.Court actions4.Arbitration5.Negotiation6.The most…ck of …8.Facilitated by…9.On the future…rmal, relatively…题目：Contract DisputeResolution：Arbitration1.Disputes2.Performance3.Process4.Presentations5.Formality6.Arbitration maybe…7.Approacharbitration…8.The relatively…9.The arbitrationprocess tends to…10.The arbitrationprocess issomewhat…题目：InternationalLegal System1.that country’slegal …2.certain aspects ofyour…3. a court system…4.precedentsestablished…prehensive…6.judges7.evidence8.interpretations9.preceding caseswsuit题目：Types ofInternationalcommercialContracts12-161.inquiry2.offer3.order4.contract5.letter6.it may be …7.No contract…8.Conflicting …9.If goods…10.You may…题目：Types ofInternational commercialContracts17-211.possesses2.owns3.acts4.purchases5.resells6.hires a local…7.distribute goods or…8.gives possession…9.differs from…10.involve the sale…翻译E-C1.The buyer isresponsible for the followingcosts and charges incurred inthe sale and transport of thegoods as following.买方承担在货物运输和销售中产生的下述的成本和费用。