What are you looking for?

Baì tập tình huống môn Luật Thương Mại Quốc Tế

2011-05-08T23:26:00.000-07:00

Tình huống:
Công ty ABC của Việt Nam chào hàng để bán một số túi da cho công ty DEF của Nhật Bản. Chào hàng ghi rõ có hiệu lực trong vòng 15 ngày từ thời điểm gửi đi (ngày 5/1/2007).
Nhận được chào hàng này vào ngày 10/1/ 2007, công ty DEF chấp nhận các điều kiện của chào hàng, chỉ thay đổi nội dung liên quan giải quyết tranh chấp là trọng tài của Phòng Thương Mại Quốc Tế (ICC).
Áp dụng quy định của công ước Vienna (1980) & bộ luật Dân sự Việt Nam (2005).
1, Trả lời của DEF có được xem là một chấp nhận chào hàng hay không?
2, Giả sử trả lời của DEF là một chấp nhận chào hàng nhưng ABC lại nhận được vào ngày 28/1 thì đây có phải là chấp nhận chào hàng không?
3, Giả sử trả lời của DEF là chấp nhận chào hàng thì hợp đồng được ký vào ngày nào?

Bài làm:

1. Trả lời của DEF không được xem là một chấp nhận chào hàng.Vì:
Theo điều 18 – điều 24 của công ước Vienna 1980
CISG quy định chấp nhận chào hàng là sự chấp nhận toàn bộ nội dung của chào hàng. Bất kì sự thay đổi, bổ sung nào với chào hàng ban đầu đều được xem như sự từ chối chào hàng và cấu thành chào hàng mới, trừ phi các nội dung mới không làm thay đổi cơ bản nội dung của chào hàng ban đầu. Các yếu tố bổ sung hay sửa đổi liên quan đến việc giải quyết tranh chấp đều được coi là biến đổi một cách cơ bản nội dung của chào hàng.
DEF đã thay đổi nội dung liên quan giải quyết tranh chấp, do đó được coi là biến đổi một cách cơ bản nội dung của chào hàng. Vì vậy trả lời của DEF không được xem là chấp nhận chào hàng.

2. 2a.
Giả sử trả lời của DEF là một chấp nhận chào hàng, nhưng ABC lại nhận được vào ngày 28/1 thì đây không phải là chấp nhận chào hàng. Vì:
Theo Khoản 1 Điều 390 BLDS 2005
Đề Nghị giao kết được chấm dứt khi: hết thời hạn trả lời chấp nhận mà chưa nhận được Chấp Nhận của Bên Được Đề Nghị.
Trên thư chào hàng của ABC ghi rõ có hiệu lực trong vòng 15 ngày, tức có hiệu lực đến ngày 20/1. Đến ngày 28/1 thì đã hết thời hạn trả lời chấp nhận mà ABC mới nhận được Chấp nhận của DEF. Do đó, đây không phải là chấp nhận chào hàng.

2b.
Tuy nhiên, theo điều 397 BLDS 2005: Chấp Nhận vẫn có hiệu lực nếu đến chậm vì lý do khách quan với điều kiện Bên Đề Nghị biết hoặc phải biết về lý do khách quan này. Tức, vì một lý do khách quan nào đó mà trả lời của DEF đến chậm, và lý do đó được ABC chấp nhận, thì đây được coi là chấp nhận chào hàng.

3. Giả sử trả lời của DEF là chấp nhận chào hàng thì hợp đồng được ký vào ngày 10/01/2007.
Theo điều 23, công ước Vienna 1980:
Hợp đồng được coi là đã ký kết kể từ lúc sự chấp nhận chào hàng có hiệu lực.
Ngày 10/1 DEF nhận được chào hàng và chấp nhận chào hàng, tức ngày 10/1 chào hàng có hiệu lực, hợp đồng được coi là đã ký kết.

Pharsal Verb in Biz English

2010-12-22T05:44:00.000-08:00

Cut off = disconnect
Find out = discover
Get through = obtain a number
Hold on = wait
Look up = find, e.g. in a reference book
Ring up = make a telephone call
Pick up = lift
Put down = replace, e.g. replace a receiver
Put through = connect
Ring back = call again
Take down = write something down

To be put out by something = to be annoyed / upset by something
To put somebody up = to give somebody accommodation
To put up with something = to tolerate / bear something
To put off something = to postpone something
To be put off by something = to be discouraged / repelled by something
To put something away = to tidy something up
To put something back = to replace something
To put something forward = to suggest / propose something
To put something down = to write something down
To put in for something = to apply / claim for something
To put something up = to raise, e.g. prices, buildings
To put somebody through = to connect / transfer somebody

profound regret = thành kính phân ưu
passionate interest
rapid promotion = thăng tiến nhanh
bubbling humor = khiếu hài hước
deepest sympathy = thành kính phân ưu
distinguished career
poor quality

To despatch the order = thanh toán hóa đơn
To hold the position = giữ vị trí, chức vụ
To be elected a member = được bầu chọn là thành viên của.....
To draw a conclusion = to give a conclusion = to conclude
To set an objective = thiết lập mục tiêu
To draw up a document = soạn thảo văn bản
To offer facilities = cung cấp trang thiết bị
To work out a campain = thực hiện chiến dịch
To meet requirements = đáp ứng yêu cầu
To secure sales = duy trì doanh số
To set a goal = thiết lập mục tiêu
To persue a goal = theo đuổi mục tiêu
To achive a goal = đạt được mục tiêu
To place an advertisement = đăng quảng cáo

at once = right away = immediately = ngay lập tức

Be interested in doing something
Objection to doing something
Look forward to doing something
Advantages of doing something
Rely on doing something
Be used to doing something
Use to do something
Succeed in doing something
To acuse someone of doing something
Have intention of doing something
Have a good case for doing something
Insist on doing something
To be right in doing something

To go ahead with = to start doing something
To go back on = to fail to do what you have promised
To go into = to examine / discuss in detail
To go on with = to continue with
To go over = to work through something / to repeat
To go through with = to continue with something until it is finished

To settle a bill = thanh toán hóa đơn
To raise an invoice = to collect invoice
To remit a sum = to reduce
To allow a discount = giảm giá
To place an order = đặt hàng
To dispatch goods = to send
To post an entry =
To debit an account =
To issue a receipt =
To quote a price = định giá

To get across = to explain
To get at = to reach, đạt được
To get back = to have something returned to one; nhận lại cài gì đó
To get by = to manage; quản lý; to survive; tồn tại
To get down = to descend; giảm xuống; to put something in writing; viết ra
To get off = to have permission to leave, eg work, earlier than usual
To get on with = to make progress with; tiếp tục
To get over = to recover; return to normal; get better; phục hồi
To get round = to avoid; to half solve a problem; đang giải quyết vấn đề

Multiple choices exercise english for secretaries

2010-12-17T00:33:00.000-08:00

1. Our manufacturing company is ……………. about ten minutes by taxi from here.
a. placed
b. found
c. located

2. We intend to ……….. the employees’ restaurant in the near future.
a. expand
b. increase
c. grow

3. The typists’ pool is …………. by nine full-time office juniors.
a. worked
b. staffed
c. employed

4. The Group is planning a ……………. expansion of its production facilities.
a. great
b. substantial
c. large
d. wide

5. A number of units were sold as a result of …………. from customers.
a. questions
b. queries
c. enquiries

6. The company has to …………. how many units it will sell.
a. guess
b. estimate
c. judge

7. I’m afraid some of the agents don’t ………….the Vero system.
a. store
b. keep
c. stock

8. A number of agents have …………….an opinion on the new range.
a. expressed
b. commented
c. spoken

9. We have based this on our …………. production figures.
a. scheduled
b. timetabled
c. programmed

10. We should …………….agents of any price increases.
a. notice
b. notify
c. note

11. Due to his ……………..the seminar was extremely successful.
a. attempts
b. efforts
c. tries
d. works

12. We must ……………….. their hospitality.
a. give back
b. return
c. reply

13. There were twenty …………..at the seminar.
a. pupils
b. attendants
c. participants

14. Could you thank him for the hospitality he ……………us?
a. spent on
b. extended to
c. conveyed to

15. We …………………his suggestion and stopped off at London.
a. went after
b. chased
c. followed

16. Very often you can …………a call direct.
a. turn
b. dial
c. choose

17. But sometimes you have to go through the …………..
a. connector
b. operator
c. contactor

18. Outside calls sometimes go through the ……………
a. switch-room
b. intercom
c. switchboard

19. Each telephone within the company has its own………………number.
a. branch
b. extension
c. sub

20. The numbers of most ....(i)…….can be found in the telephone….....(ii)…
(i) a. possessors
b. subscribers
c. participants
(ii) a. record
b. guide
c. directory

21. Calls within the same area are known as …………..calls.
a. short-distance
b. interior
c. local

22. Long-distance calls are known as …………calls.
a. route
b. switch
c. trunk

23. Usually calls between people in the same building are called ………….calls.
a. inside
b. internal
c. interior

24. If an outside call is put through to the wrong office it has to be ……………….
a. transferred
b. replaced
c. diverted

25. When a person receiving the call pays for it, the call is known as a ……………..charge call.
a. reserve-
b. return-
c. direct-

26. He had a long and ……………..career.
a. distinct
b. distinctive
c. distinguished

27. In 1965 he was ………… a member of the DAPE.
a. selected
c. chosen
c. elected

28. He ……………that post until he died.
a. occupied
b. held
c. maintained

29. It was with …………….regret that we learnt of the death of ………..
a. heartfelt
b. sad
c. profound

30. We have received his ……………report.
a. end
b. final
c. ultimate

31. …………… to the report you will find an appendix.
a. Attached
b. Clipped
c. Fixed

32. We have about 200 ………….customers for this product.
a. promising
b. potential
c. virtual

33. It will take a number of years to ………… our objective.
a. obtain
b. acquire
c. achieve

34. By 1978 we will have to increase our production ……………….
a. capability
b. ability
c. capacity

35. Our conclusions are ……………..below.
a. summarized
b. abbreviated
c. resumed

36. There were only about half a dozen people at the monthly departmental………..
a. conference
b. meeting
c. seminar

37. The maintenance engineer ………….the machine very carefully but could find nothing wrong with it.
a. investigated
b. inspected
c. supervised

38. The quality of the food in the restaurant she recommended was rather …………
a. poor
b. down
c. nasty

39. We asked the manager for his opinion and we think that it is probably the ………one.
a. good
b. precise
c. correct

Slang terms for money

2010-12-15T17:45:00.000-08:00

buck = a dollar

Expressions in Letter

2010-12-14T00:40:00.000-08:00

Reference

Thank you for your letter of ………….

With reference to your memo / invoice, ……………..

Further to our telephone conversation yesterday ……………..

Your advertisement / article in …………….. has been brought to our notice / attention.

You may recall that we met ……………… in the course of the conversation you mentioned that ……………….

You will probably be aware / have heard that ………………..

We were pleased / sorry to hear / learn that ……………

We note that ……………..

With regard to your request for / query about ………….

Thank you for pointing out / offering to / drawing our attention to ………..

Expressing wishes

We would (very much) like to ……………….

We (particularly) want to …………….

We (do) hope ……………

We would prefer not to …………………..

We would rather not ……………

We are reluctant to ………………

Requests

We would be grateful if you would / could ……………

Would you be so kind as to …………….

We would appreciate it if you could ………..

Could you please …………….

Would you mind …….ing…….

Please let us know when / how much / if ………..

Drawing attention and reminding

We would point out that …………….

May we draw your attention to ………….

I’m afraid we must remind you that ……….

We do not appear to have received ………..

Expressing urgency and necessity

……………. at your earliest convenience

…………… as soon as possible

…………… without further delay

…………… by return (of post)

We may be obliged to ………….

We shall be forced to ………..

It is essential that ………..

Expressing willingness and offers of help

We are / would be (quite) willing / prepared to …………..

Would you like us to …………

Would it be of assistance if we ……….

Please don’t hesitate to get in touch with / contact us if we can be of any (further) assistance / if you need any (further) information.

Apologizing and expressing regret

We are sorry (to hear / learn) that ………..

We apologize most sincerely for ………..

Please accept our apologies for ……………

We (deeply) regret that …………..

Unfortunately ………………..

I’m afraid ………….

Giving assurance

We assure you / give you our assurance that ………..

You may rest assured that ……..

Every endeavour will be made to ……….

We will do our utmost to ensure that ………

You may confidently leave the matter in our / my hands ……

Standard ending

Assuring you of our continued attention,

Asking for clarification

It is not clear whether …………

We are not sure if …….

It would be of assistance if you could supply us with further details of / more information about ……….

We would be grateful if you could clarify this.

Making suggestions and proposals

Might / may we suggest that …………

One possible solution would be to ………

We propose to …….

We are planning to ……..

Asking for approval

We (sincerely) hope / trust that ………………… will be to your satisfaction / meet with your approval.

We hope / trust that you will have no objections / be agreeable to ……..

Would you have any objection if ………..?

Confirmation

May I confirm the arrangements for / that ………

Would you please confirm that ……..

If we hear nothing further from you / nothing to the contrary, we shall assume / take it that ……..

We shall await your confirmation before going ahead.

(informal) Please drop us a line if ………….

Expressing dissatisfaction and complaining

We regret to have to inform you that …….

We are experiencing difficulties in ……….ing………

We are at a loss to know how / why ………

We trust this matter will receive your prompt attention / be dealt with immediately.

………………. has proved highly unsatisfactory / most reliable

……………… leaves much to be desired / is totally inadequate

Polite refusals to requests and excuses

We are (fully) aware of the problems, but unfortunately …………….

We (fully) appreciate your difficulties / point of view but …………

I’m afraid / Regretfully we are not in a position to / not able to ……..

We feel that (at this stage) it would be better / be unwise / not be in our interest to ......

We realize this is not ideal, however ……..

Clearing up misunderstandings

There appears to be some misunderstanding about ………

Some misunderstanding seems to have arisen as to ………

We were under the impression / given to understand / led to believe that ….......

We were not aware / did not realize that ………….

Stalling

We shall be looking into / reviewing the whole question of …………… in the near future. (Until then ……….)

We wish to ……………. before taking any (further) action / proceeding any further ……… currently under discussion / being discussed

In the meantime / As an interim measure …………..

……………… pending a detailed report / clarification

Phân tích "The Snob"

2010-12-09T11:04:00.001-08:00

1. Topic: human's behavior about discrimination of social class in a community.

Theme: the author wanted to send a message to reader: "Snobbery, discrimination of social class may affect negative to your life, it can destroy your precious things".

In this story, the theme is implicit.

2. Plot: (cốt truyện) (tóm tắt câu chuyện thông qua những tình tiết chính)

Analysis of the plot

Exposition:

Inciting moment:

Complication

Turning point:

Climax:

Resolution:

3. Conflicts in this story:

External conflict: the conflict between John Harcourt and Grace.

Internal conflict: the conflict arises himself --John Harcourt.

4. Plot devices:

Action:

Coincidence:

Surprising ending:

5. Types of character & revelation of character:

6. Point of view:

Setting:

Atmosphere:

Vocabulary in "The Snob"

2010-12-09T10:46:00.001-08:00

The Snob

2010-12-09T09:53:00.000-08:00

---by Morley Callaghan---

It was at the book counter in the department store that John Harcourt, the student, caught a glimpse of his father. At first he could not be sure in the crowd that pushed along the aisle, but there was something about the color of the back of the elderly man’s neck, something about the faded felt hat, that he knew very well. Harcourt was standing with the girl he loved, buying a book for her. All afternoon he had been talking to her, eagerly, but with an anxious diffidence, as if there still remained in him an innocent wonder that she should be delighted to be with him. From underneath her wide-brimmed straw hat, her face, so fair and beautifully strong with its expression of cool independence, kept turning up to him and sometimes smiled at what he said. That was the way they always talked, never daring to show much full, strong feeling.Harcourt had just bought the book, and had reached into his pocket for the money with a free, ready gesture to make it appear that he was accustomed to buying books for young ladies, when the white-haired man in the faded felt hat, at the other end of the counter, turned half-toward him, and Harcourt knew he was standing only a few feet away from his father.

The young man’s easy words trailed away and his voice became little more than a whisper, as if he were afraid that everyone in the store might recognize it. There was rising in him a dreadful uneasiness; something very precious that he wanted to hold seemed close to destruction. His father, standing at the end of the bargain counter, was planted squarely on his two feet, turning a book over thoughtfully in his hands. Then he took out his glasses from an old, worn leather case and adjusted them on the end of his nose, looking down over them at the book. His coat was thrown open, two buttons on his vest were undone, his hair was too long, and in his rather shabby clothes he looked very much like a workingman, a carpenter perhaps. Such a resentment rose in young Harcourt that he wanted to cry out bitterly, “Why does he dress as if he never owned a decent suit in his life? He doesn’t care what the whole world thinks of him. He never did. I’ve told him a hundred times he ought to wear his good clothes when he goes out. Mother’s told him the same thing. He just laughs. And now Grace may see him. Grace will meet him.”

So young Harcourt stood still, with his head down, feeling that something very painful was impending. Once that follow. he looked anxiously at Grace, who had turned to the bargain counter. Among those people drifting aimlessly by with hot red faces, getting in each other’s way, using their elbows but keeping their faces detached and wooden, she looked tall and splendidly alone. She was so sure of herself, her relation to the people in the aisles, the clerks behind the counters, the books on the shelves, and everything around her. Still keeping his head down and moving close, he whispered uneasily, “Let’s go and have tea somewhere, Grace.”

“In a minute, dear,” she said.

“Let’s go now.”

“In just a minute, dear,” she repeated absently.

“There’s not a breath of air in here. Let’s go now.”

“What makes you so impatient?”

“There’s nothing but old books on that counter.”

“There may be something here I’ve wanted all my life,” she said, smiling at him brightly and not noticing theuneasiness in his face.

So Harcourt had to move slowly behind her, getting closer to his father all the time. He could feel the space that separted them narrowing. Once he looked up with a vague, sidelong glance. But his father, red-faced and happy, was still reading the book, only now there was a meditative expression on his face, as if something in the book had stirred him and he intended to stay there reading for sometime.

Old Harcourt had lots of time to amuse himself, because he was on a pension after working hard all his life. He had sent John to the university and he was eager to have him distinguish himself. Every night when John came home, whether it was early or late, he used to go into his father and mother’s bedroom and turn on the light and talk to them about the interesting things that had happened to him during the day. They listened and shared this new world with him. They both sat up in their night clothes and, while his mother asked all the questions, his father listened attentively with his head cocked on one side and a smile or a frown on his face. The memory of all this was in John now, and there was also a desperate longing and a pain within him growing harder to bear as he glanced fearfully at his father, but he thought stubbornly, “I can’t introduce him. It’ll be easier for everybody if he doesn’t see us. I’m not ashamed. But it will be easier. It’ll be more sensible. It’ll only embarrass him to see Grace.” By this time he knew he was ashamed, but he felt that his shame reading was justified, for Grace’s father had the smooth, confident manner of a man who had lived all his life among peoplewho were rich and sure of themselves. Often when he had been in Grace’s home talking politely to her mother, John had kept on thinking of the plainness of his own home and of his parents’ laughing, good-natured untidiness, and he resolved desperately that he must make Grace’s people admire him.

He looked up cautiously, for they were about eight feet away from his father, but at that moment his father, too, looked up and John’s glance shifted swiftly far over the aisle, over the counters, seeing nothing. As his father’s blue, calm eyes stared steadily over the glasses, there was an instant when their glances might have met. Neither one could have been certain, yet John, as he turned away and began to talk hurriedly to Grace, knew surely that his father had seen him. He knew it by the steady calmness in his father’s blue eyes. John’s shame grew, and then humiliation sickened him as he waited and did nothing. His father turned away, going down the aisle, walking erectly in his shabby clothes, his shoulders very straight, never once looking back. His father would walk slowly down the street, he knew, with that meditative expression deepening and becoming grave.

Young Harcourt stood beside Grace, brushing against her soft shoulder, and made faintly aware again of the delicate scent she used. There, so close beside him, she was holding within her everything he wanted to reach out for, only now he felt a sharp hostility that made him sullen and silent.

“You were right, John,” she was drawling in her soft voice. “It does get unbearable in here on a hot day. Do let’s go now. Have you ever noticed that department stores after a time can make you really hate people?” But she smiled when she spoke, so he might see that she really hated no one.

“You don’t like people, do you?” he said sharply.

“People? What people? What do you mean?”

“I mean,” he went on irritably, “you don’t like the kind of people you bump into here, for example.”

“Not especially. Who does? What are you talking about?”

“Anybody could see you don’t,” he said recklessly, full of a savage eagerness to hurt her. “I say you don’t like simple, honest people, the kind of people you meet all over the city.” He blurted the words out as if he wanted to shake her, but My notes about what I am he was longing to say, “You wouldn’t like my family. Why couldn’t I take you home to have dinner with them? You’d turn up your nose at them, because they’ve no pretensions. As soon as my father saw you, he knew you wouldn’t want to meet him. I could tell by the way he turned.”

His father was on his way home now, he knew, and that evening at dinner they would meet. His mother and sister would talk rapidly, but his father would say nothing to him, or to anyone. There would only be Harcourt’s memory of the level look in the blue eyes, and the knowledge of his father’s pain as he walked away.

Grace watched John’s gloomy face as they walked through the store, and she knew he was nursing some private rage, and so her own resentment and exasperation kept growing, and she said crisply, “You’re entitled to your moods on a hot afternoon, I suppose, but if I feel I don’t like it here, then I don’t like it. You wanted to go yourself. Who likes to spend very much time in a department store on a hot afternoon? I begin to hate every stupid person that bangs into me, everybody near me. What does that make me?”

“It makes you a snob.”

“So I’m a snob now?” she asked angrily.

“Certainly you’re a snob,” he said. They were at the door and going out to the street. As they walked in the sunlight, in the crowd moving slowly down the street, he was groping for words to describe the secret thoughts he had always had about her. “I’ve always known how you’d feel about people I like who didn’t fit into your private world,” he said.

“You’re a very stupid person,” she said. Her face was flushed now, and it was hard for her to express her indignation, so she stared straight ahead as she walked along.

They had never talked in this way, and now they were both quickly eager to hurt each other. With a flow of words, she started to argue with him, then she checked herself and said calmly, “Listen, John, I imagine you’re tired of my company. There’s no sense in having tea together. I think I’d better leave you right here.”

“That’s fine,” he said. “Good afternoon.”

“Good-by.”

She started to go, she had gone two paces, but he reached out desperately and held her arm, and he was frightened, and pleading, “Please don’t go, Grace.’’

All the anger and irritation had left him; there was just a desperate anxiety in his voice as he pleaded, “Please forgive me. I’ve no right to talk to you like that. I don’t know why I’m so rude or what’s the matter. I’m ridiculous. I’m very, very ridiculous. Please, you must forgive me. Don’t leave me.”

He had never talked to her so brokenly, and his sincerity, the depth of his feeling, began to stir her. While she listened, feeling all the yearning in him, they seemed to have been brought closer together, by opposing each other, than ever before, and she began to feel almost shy. “I don’t know what’s the matter. I suppose we’re both irritable. It must be the weather,” she said. “But I’m not angry, John.”

He nodded his head miserably. He longed to tell her that he was sure she would have been charming to his father, but he had never felt so wretched in his life. He held her arm tight, as if he must hold it or what he wanted most in the world would slip away from him, yet he kept thinking, as he would ever think, of his father walking away quietly with his head never turning.