文档介绍：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 pany 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 pany Y changed his mind and sent another e-mail to accept the April 4 offer.
Question: Is there any contract pany X pany 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 pany X pany Y.
-WIDE VOLKSEAGEN
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 Vo