question archive 1) What is a valid contract and what are the essential elements for a binding contract? 2) A computer printer distributor in Argentina receives an offer by mail from Epson, a US company, in reply to an inquiry
1) What is a valid contract and what are the essential elements for a binding contract? 2) A computer printer distributor in Argentina receives an offer by mail from Epson, a US company, in reply to an inquiry
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1) What is a valid contract and what are the essential elements for a binding contract?
2) A computer printer distributor in Argentina receives an offer by mail from Epson, a US company, in reply to an inquiry.The offer arrives in Argentina on June 2.One June 12, the Argentinean company sends its acceptance by mail.On June 8, Epson sends a revocation of the offer that was received on June 13 in Argentina.The acceptance from Argentina arrives in the US on June 17.Did a valid contract arise?When was the offer valid?When was the acceptance valid?When was the revocation valid?Decide the case under the common law and under the CISG.
3. Discuss the differences between the UCC and the CISG regarding: (a)when a contract needs to be in writing, (b) how the parole evidence rule is applied,(c) when acceptance is effective,(d) how the mirror image rule is applied, (e)the "battle of the forms," (f) how the remedy of specific performance is applied?
Chapter 6 study questions
1.Answer the following regarding the Montreal Convention of 1999:a- What is it?b- How is it applied?c- What are the requirements for liability for death and bodily injury?d- What are the limitations on liability for death and bodily injury? e- Discuss the liability for air cargo losses, baggage losses and delay.
2.Answer the following regarding COGSA:a-What is it?b-Where and how is it applied?c-What must a shipper prove to hold a carrier liable?d-What defenses or exemptions do carriers have under COGSA?e-How does the burden of proof shift from shipper to carrier?f- What is COGSA’s per-package limitation and how does it apply to containerized freight?
Chapter 8 study questions
1. Compare and contrast the Treaty power in the Constitution with a Congressional-Executive Agreement.
2.Youngstown Sheet & Tubep 250: On what grounds did Justice Black reject President Truman's seizure order? How did Justice Jackson's concurring opinion in the Youngstown court opinion describe the various souces and strengths of presidential power? (hint: there are 3)
3.Did the action of the President inDole v Carter(p 258) constitute a treaty? Why or why not?
4.Whatare FCN treaties and why are they important?
5. What is the difference between disparate treatment and disparate impact according toMacNamara v Korean Air Lines(p 255)?
6. What was the court’s decision regarding taxation inJapan Line Ltd. v. County of Los Angeles(p 266) and what was their reasoning?
