[英語學(xué)習(xí)]《國際商務(wù)合同實踐教程》練習(xí)草稿

1、國際商務(wù)合同練習(xí)：選擇、填空contents and exercises distribution教材目錄練習(xí)完型填空選擇翻譯chapter 1: the role of contracts in intl commerce110chapter 2: issues affecting international contracts116chapter 3: parties to the transaction, part 11/310chapter 4: drafting the intl contract for sale of goods152328chapter 5: trade ter

2、ms and incoterms25chapter 6: key issues in international sales contracts112chapter 7: parties to the transaction, part 21/310chapter 8: drafting precise contract provisions910chapter 9: parties to the transaction, part 31/3chapter 10: contract dispute resolution410chapter 11: contract fundamentals i

3、n intl legal systems 16chapter 12: offer to sell goods195chapter 13: memorandum of sale2chapter 14: purchase order77chapter 15: conditional sale of goods2chapter 16: consulting contract 2chapter 17: sales representative contract11chapter 18: franchise agreement1chapter 19: distribution agreement2cha

4、pter 20: consignment agreement 1chapter 21: licensing agreement 1chapter 22: glossary80chapter 0 20 55total112106060chapter 1 the role of contracts in international commercekey words: discourse cloze culture and contractcontract and network in many cultures, it is who you know that makes the deal. i

5、n one sense, this aspect of the culture is related to the importance of relationships over contracts. however, you will also find networks operating in countries where contracts are more significant. use of a network to extend your business is extremely important. _ 1_ . even if you commit a faux pa

6、s in the early stages of a relationship, if you know someone who knows someone who knows the trader, you are likely to get back on track in a hurry. contract drafting and culture _ _2_ _. all contracting parties come to the table with individual expectations, which in turn tint their understanding o

7、f the terms. what is reasonable to one may not be to the other, in which case mutual understandingan essential element in the creation of an enforceable contractis lacking. the key is in the drafting of the agreement. _ 3 _. such drafting requires that you have an understanding of the other partys c

8、ulture and the extent to which it differs from your own. _ _4_, particularly if the contract will have to be translated into the other partys own language. you should review the provisions for shorthand phrases, legalese, and slang familiar to you but not to the other partythese provisions should be

9、 written in plain terms to ensure mutual understanding. further, _ 5_. if the other party has been trading internationally for some time, he or she is more likely to have gained an understanding of cross-cultural transactions. during your negotiations, you should explore the business history of the

10、other party so that you can draft your contract to the appropriate level of sophistication. a contract that reflects the cultural _ _6_ of each party is more likely to be performed to the _ _7_ of both. mutual understanding means not only that each party knows its rights and obligations before signi

11、ng the contract, but that the parties are in complete _ _8_ as to each others rights and obligations. _ _9_ typically arise when one parry interprets a right or obligation differently than the other party. a contract drafted to ensure mutual understanding of culturally diverse parties will help to a

12、void, or at least to settle, subsequent disagreements over _10_.1. _ 2. _ 3. _ 4. _ 5. _choices for blanks 1 to 5: a. well-drafted contracts can help to ensure that parties who have diverse cultural backgrounds reach a mutual understanding with regard to their rights and obligations b. you should ma

13、ke every effort to seek out contacts who are willing to make you a part of their circle of business associates c. you should write the provisions to reflect the culture of the foreign party, while at the same time keeping in mind your own requirements d. you will need to determine the extent to whic

14、h the other party is familiar with international business e. your contract provisions may need to be simplified so that they can be clearly understood 6. _ 7. _ 8. _ 9. _ 10. _choices for blanks 6 to 10: a. agreement b. disputes c. expectations d. performance e. satisfaction keys: 1-5 b a c e d 6-10

15、 c e a b d multiple-choice1.1 a contract is simply a(n) _ that defines a relationship between one or more parties. c 1 a. letter b. record c. agreement d. confirmation1.2 a commercial contract, in simplest terms, is merely an agreement made by _ parties for the purpose of transacting business. c 1a.

16、 one or more b. more than two c. two or more d. three or more 1.3 the contract terms are usually supplemented and restricted by laws that serve to protect the parties and to define specific relationships between them in the event that provisions are as follow except _. b 1a. ambiguous b. complete c.

17、 indefinite d. missingbalance of power實力均衡1.4 in an international sales contract, the balance of power between contracting parties _. d 2a. is equal in most contractual situations because of mutual understandingb. usually tips in favor of the party who does not draft the contractc. usually tips to t

18、he party who is not familiar with written contractsd. can work against the stronger party in a contract negotiationcross-border rights and obligations1.5. about cross-border rights and obligations in an international contract, which is false? b 2 a. in most contracts, it is important to establish cl

19、early the rights and obligations of each party.b. for contracts made between parties in different countries, missing or indefinite terms can be easily filled in by local laws or practices.c. in general, it is unwise to rely on the law, even international law, for implied contractual terms.d. to avoi

20、d an unfavorable and uncertain result, it is best to define your rights and obligations in a written contract when you are dealing across country borders.personal commitment1.6 when making a commitment to perform an international commercial contract, _. b 4 a. parties usually operate by same busines

21、s practicesb. consider the other partys culture before you actc. accept a handshake to seal the bargaind. insist on written evidence of personal commitmentgoverning law1.7 when trading internationally, you are subject to _. d 5 a. the laws of your own country b. the laws of other countriesc. the law

22、s of international community d. any of the above is possibleenforcement 1.8 most jurisdictions require certain contracts to be _ to be enforceable. c 6a. oral b. parol c. written d. witnessed choice of remedies 1.9 by selecting a mutually acceptable _ in the beginning, both parties will know what to

23、 expect should performance fail. d 6a. formation b. execution c. subsidy d. remedybasic/necessary terms基本/必要條款1.10 the four basic terms of a contract include _. a 7 a. description of goods, delivery, price, and payment b. description of goods, inspection, price, and payment; c. inspection, price, pa

24、yment, and warrantyd. insurance, delivery, price, and paymentchapter 2 issues affecting international contractskey words: discourse cloze culture and foreign trade_1_. cultural differences will affect not only your negotiations with foreign traders, but also the acceptance of your goods or services

25、in foreign markets. in a business context, culture is a set of rules that govern the way in which commercial transactions are conducted between nationals of particular nations. _2_. you must be aware and sensitive to other cultures, and you must adapt your products and services to the preferences of

26、 the foreign market. _3_. although it may be possible to identify an overall culture for a particular country, many subcultures are likely to exist. even if you have identified a foreign traders country and have learned the rules that you think will apply, you should avoid clinging to preconceived n

27、otions. in todays world, people are on the move, and even more importantly, cultures are crossing country borders and cultural rules are constantly evolving. _4_, since in subsequent contacts you will have figured out many of the rules. in making initial contact, you should first establish whether t

28、he general protocol in the country tends to be rigidly applied. the next step is to determine what that protocol is, especially for the issues what will arise at the first stage of contract negotiations. _5_. the final step should be to ensure that you are approaching cultural issues with the proper

29、 attitude. once you have researched the rules, learned what you believe is the proper protocol, and made an attempt to practice it, be willing to laugh at yourself. cultural missteps are inevitable and will be made on both sides. humor will usually ease even the tensest situation. pull out your cult

30、ural pocket guide, show the rules and illustrations to your host, and have a laugh together. take an example, after seeing a(n) _6_ in a trade journal, you send a brief yet comprehensive _7_ for the sale of goods to a foreign trader. it is a mere five pages in length. two days later, and you still h

31、ave not received a(n) _8_. you had thought that the trader would have jumped at the opportunity to transact business with you, but since there is no response you move ahead and forget the trader. six months later, the trader sends a short note asking whether you are still interested in the transacti

32、on. you immediately send a notice confirming your _9_ of the deal, the foreign trader backs off, and you are ready to sue for _10_ of contract. you have now made so many errors in business etiquette that youll be lucky to succeed at all. 1. _ 2. _ 3. _ 4. _ 5. _choices for blanks 1 to 5: a. cultural

33、 awareness will be most important in the initial contact and negotiation.b. culture should be considered as applying to people, not to nations.c. these rules dictate the etiquette, traditions, values, communication, and negotiating styles of a group of people. d. these issues include greetings, cour

34、tesies, business ethics, decision making, gender, meeting formalities, and business attire. e. your success in foreign trade will depend on how flexible you are in recognizing and respecting the culture of other people. 6. _ 7. _ 8. _ 9. _ 10. _choices for blanks 6 to 10: a. acceptance b. advertisem

35、ent c. breach d. inquiry e. reply keys：1-5 e c b a d 6-10 b d e a c multiple-choice2.1 the issues affecting international contracts may include _. d 8a. laws and regulations b. political and economic issues c. cultural and customs d. all of the above globalization2.2 which of the following is not in

36、 favor of globalization of market or trade? b 10 a. development of global economic strategy b. increase of trade barriers c. improvement of infrastructures d. uniformity of laws2.3 much of the pressure toward globalization is bubbling up from the private business sector, which mainly include except

37、_. a 10 a. government b. large companies c. individual traders d. the populace 2.4 in the area of international sales of goods, one of the most important developments has been the adoption by member nations of the united nations of the _. b 10 a. ucp600 b. cisg c. gatt d. incoterms2.5 the cisg was f

38、inalized at the united nations convention in vienna on _. a 10 a. april 11, 1980 b. dec. 11, 1986 c. jan. 1, 1988 d. oct. 14, 19952.6 many member countries have chosen to exclude the application of certain cisg provisions. the most commonly excluded cisg provisions are those about the _ of contract.

39、 a10 a. form b. performance c. breach d. remedy2.7 the cisg is intended to clarify points related to the _ of a contract and the rights and obligations of the parties. b 11 a. effect b. formation c. liability d. validity2.8 the cisg provisions primarily delineate the _ that must be present to prove

40、formation of a contract for the sale of goods. c 11 a. offer b. acceptance c. elements d. remedies2.9 a seller makes a proposal and the buyer accepts it. in this situation, can you determine whether there is a contract formed? c 11 a. yes b. no c. it depends d. none of the above is right2.10 a selle

41、r makes an offer and the buyer agrees but only on condition that two of the contract provisions are modified in the buyers favor. the key issue goes to _ should dispute arise. c 11 a. inquiry b. offer c. acceptance d. execution 2.11 if the nonconformance was _ and of no consequence to the value or q

42、uality of the goods, the contract is likely to be enforced. b 12 a. material b. minor c. false d. fundamental2.12 the cisg is inapplicable to contract for _. d 12a. sale of cloth b. sale of cotton c. sale of socks d. sale of stocks2.13 the cisg is applicable to contract for _. c 13 a. sale by auctio

43、n b. sale of ships c. sale of meat d. sale of electricity role of politics2.14 _ are often used to influence another countrys domestic policies or practices and to protest a countrys aggressive actions toward its neighbors. d 13 a. trade barriers b. trade preferences c. trade quotas d. trade sanctio

44、nsregulatory laws2.15 about the laws regulating the import, export, and sale of goods, which one of the following statements is not true? b 14 a. countries are striving to protect the rights of their own nationals. b. developed countries are taking their cues from the laws of developing countries.c.

45、 new and revised laws are being introduced throughout the world as countries come under pressure to join the globalization trend.d. most countries are recognizing that they have to offer domestic and foreign traders a business-oriented environment.internet issues2.16 which of the following is a posi

46、tive side for traders on internet? a 14 a. sales can be made at electronic speed and business can be done worldwide.b. the information carrying ipr that passes through electronic channels may be infringed. c. use of the internet might make traders subject to the laws of other places or countries. d.

47、 you may be required to comply with business and profession licensing requirements in jurisdictions where you do business. chapter 3 parties to the transaction, part 1 key words: multiple-choiceroles of parties3.1 this term “_” is a shorthand expression for a fairly complex set of legal rules derive

48、d from english common law to determine who may enforce contractual rights. a 15 a. privity of contract b. freedom of contract c. equality of contract d. freedom from contract3.2 the buyer may be _ of the consuming chain. d 16a. at the beginning b. in the middle c. at the end d. either b or c 3.3 the

49、 seller may be at _ of the consuming chain. d 18a. at the beginning b. in the middle c. at the end d. either a or b 3.4 if there are _, buyer will have a strong negotiation position because the suppliers will be in competition for your business. b 16 a. many suppliers and many buyers b. many supplie

50、rs and a few buyers c. a few suppliers and many buyers d. a few suppliers and a few buyers3.5 if there are _, buyer will have the weakest negotiating position because you will have fewer purchase options. c 16 a. many suppliers b. a few suppliers c. few suppliers d. no suppliersattorney3.6 the botto

51、m line answer to the question “why should the contract parties consult a lawyer” is “you can end up in a lot of financial and _ because of your ignorance or innocence.” a 20a. legal trouble b. political trouble c. economic trouble d. business trouble 3.7 if you take delivery of the goods before they

52、 are _, you will have to satisfy a customs officer of the sellers country. b 20 a. produced b. exported c. imported d. sold 3.8 if you buy goods that are _ to export, you could become criminally liable. c 20a. legitimate b. lawful c. illegal d. intellectual 3.9 if you _ the contract, you may be brou

53、ght before a court in the sellers country where you will have to answer to a foreign judge. d 20a. make b. conclude c. perform d. breach3.10 youd better ask your lawyer about subjects that are within the realm of the lawyers advice, such as _. b 23a. customs b. contracts c. transport d. banking chap

54、ter 4 drafting the international contract for sale of goodskey words: multiple-choice4.1 parties to a commercial transaction generally have the freedom to agree to any contract terms that they desire, but _ of your country or the foreign country may require a written contract. a 28 a. the laws b. th

55、e practices c. the customs d. the culture 4.2 if you leave _ out of your contract, the gaps will be filled in by application of the law. b 28a. transports b. terms c. customs d. costs 4.3 the best way to control the results of your _ is to clarify each partys responsibility in the agreement by paying close attention to every contract term. d 28a. offer b. counter-offer c. acceptance d. contract 4.4 the date when the contract is _ is usually also the date when it becomes effective unless the contract provides otherwise. b