Hypothetic facts
Alpha sent a letter of intent to show his interests to purchase
1,000 pics apple watch from Beta for $200 each.
And the average market price for each is $320.
(1)In the letter of intent Alpha also mentioned that he would
like to have a written contract with a formal signature ceremony.
Beta responded that he will like to accept the pricing quoted by
Alpha's letter of intent. is there a contract between Alpha and Beta?
Supposed that Beta just made delivery of shipment of 1000 pics apple watch
to Alpha when he received Alpha's letter,is there a contract between them?
why?
(2)Beta responded with a pricing 10000 pic apple watch for $200 each
and then delievred the shipment.is there a contract with different
term under UCC 2-207?
(3)Supposed Beta returned a sale order with $300/each for 1000 pics,FOB NY
and Alpha then sent a comfirmation with $300/each for 1000 pics,DPP TPE,
is there a contract?
What if Alpha sent back a confirmation requesting 3 copies of certificate
of origin in addition to the sale order of $300/each for 1000 pics,FOB NY?
is there a contract? What are the wordings that Alpha should use to
make sure his confirmation is an offer rather than an acceptance?
(4)Supposed Alpha and Beta have been doing business for more than 10 years,
and Beta will always promptly object to Alpha's quote if he can not accept
Alpha's pricing. This time Alphe then sent $200,000 to Beta as the payment
one month after Alpha's letter sent. Beta never assented.
Could Beta argue no contract?
(5)Supposed Alpha sent letter of intent to Beta,indicating that Beta could
only have the deal after arrangement of shipment booking and completion of
custom clearance,Alpha then cancelled his deal before Beta completed the
custom clearance. is there any standing Beta can use against Alpha?
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分享心得騙騙P幣~
依舊是只有考期末考定生死,也是任何資料皆可查閱,但其實寫起來算有點困難
上了一學期幾乎都考最後一個2-207的case,大一聽同學上他的英美導都壓力超大
修完課覺得老師其實人真的很好,只是偶爾被踩到地雷會很恐怖而已
不過老師真的很厲害上課能從英美法講到經濟在講到國貿然後再回到我國法律
只是就是要一直跟CASE,整學年上完其實可以學到超多東西
難度不及於世宗大魔王,但是要下功夫的一門課,極力推薦對英美法有興趣的可以修
另外,恭喜老師今年借調國發會擔任副主委~
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