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a 2. Case study. ( 15'*2 = 30') (1) On 15th May, 2010, a Chinese company offered to a French company, sell 10000 Qing Yan

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a 2. Case study. ( 15'*2 = 30') (1) On 15th May, 2010, a Chinese company offered to a French company, "sell 10000 Qing Yan Brand bicycles, Article No. 171069, FOB Shanghai USD 100 per set, shipment during July, 2010. Subject reply here on or before 20th May, 2010. ......" On 17th May, 2010, the French company replied by FAX, "we accept your offer dated 15th May, 2010, but at the price of FOB Shanghai USD 80 per set, shipment during October, 2010." The Chinese company hadn't replied to the French company and sold their bicycles to another foreign company. However, on 19th May, 2010, the French company replied by FAX again, "we completely accept your offer dated 15th May, 2010." The Chinese company replied to the French company at once by FAX, "we have sold the bicycles to others. We will offer you in the future as possible as we can." But the French company thought that the contract has been concluded and required the Chinese company to ship the bicycles during July, 2010 at Shanghai port. QUESTION: According to CISG, do you think the above two companies have concluded a contract? (5) Why? (10) (2) A Chinese import and export company concluded a sales contract with a Holland firm on August 5,2000, selling a batch of certain commodity. The contract was based on CIF Rotterdam at US$ 2500 per metric ton and payable under L/C. The Chinese company delivered the goods in compliance with the contract and obtained a clean-on-board Bill of Lading. During transportation, however, 100 metric tons the goods got lost because of rough sea. Upon arrival of the goods, the price of the contracted goods went down quickly. The buyer refused to take delivery of the goods and effect payment and claimed damages from the seller. QUESTION: Do you think the buy's action is reasonable? (3) Why? (7) How will the seller deal with this case

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