案例分析题【国际商法】.doc

一 Is there any contract between X and Y? On April 4, Company X, with its place of business in China, sent an offer by e-mail to Company Y, with its place of business in Australia. The offer concerned 50,000 meters hand-printed cotton cloth and said it would remain open until April 30. On April 10, Company Y answered by e-mail : “The price is too high, and we are not interested in the offer.” But on April 20, the manager of Company Y changed his mind and sent another e-mail to accept the April 4 offer. Question: Is there any contract between company X and Company Y? Answer and Analysis No. Since both China and Australia are Contracting States to the CISG, according to Article 1 would apply here. After receiving the offer of 50,000 meters hand-printed cotton cloth, on April 10, Company Y stated that they were not interested in the offer, which rejected the offer. On April 20, the e-mail sent to accept the April 4 offer should be regarded as a new offer instead of acceptance. Therefore, there was no contract between Company X and Company Y. 二．WORLD-WIDE VOLKSEAGEN V.WOODSON United States Supreme Court,1980 FACTS: The Robinsons bought a new Audi from Seaway Volkswagen in New York state. While traveling through the State of Oklahoma, the Audi was rearended, causing a fire which severely burned Mrs. Robinson and her two children. The Robinsons sued in tort侵权行为in Oklahoma versus retailer Seaway and wholesaler World-Wide Volkswagen, both New York corporations that did no business in Oklahonma. Both defendants entered special appearances to contest the trial court’s assertion of personal jurisdiction over them; Woodson was the trial judge. ISSUE: Does the State of Oklahoma have personal jurisdiction over an auto retailer and wholesaler who so not sell cars in the state? HOLDING: NO. LAW :Under the U.S. Constitution, Fourteenth Amendment’s Due Process Clause, there must be minimum contacts among the defendants, the forum, and the claim being made by plaintiffs in order f