2025年国际贸易法律实务试题

名词解释1、 offer and acceptanceOffer and acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties. An offer is an indication by one person to another of their willingness to contract on certain terms without further negotiations. A contract is then formed if there is express or implied agreement. A contract is said to come into existence when acceptance of an offer has been communicated to the offeror by the offeree.An offer is an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed, the "offeree".The "expression" referred to in the definition may take different forms, such as a letter, newspaper, fax, email and even conduct, as long as it communicates the basis on which the offeror is prepared to contract.The "intention" referred to in the definition is objectively judged by the courts. Acceptance is a final and unqualified expression of assent to the terms of an offer.Alternatively, an offer consisting of a promise to pay someone if the latter performs certain acts which the latter would not otherwise do (such as paint a house) may be accepted by the requested conduct instead of a promise to do the act. The performance of the requested act indicates objectively the party's assent to the terms of the offer. 2、 信用证3、 尤其提款权4、 独占许可5、 国际特许专营International FranchisingThe U.S. has experienced an explosion in business format franchising in the last two decades.the most efficient business model for distributing goods and services and the very advanced U.S. free market economy rewards efficien...