Please draft answers to number 1,3,5,7,&9. Answers should be prepared on a separate Word Document.

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1. Two cases in this chapter, Transatlantic Financing and
Bernina Distributors, involved very different facts but
similar issues of law. What legal issues do they have in
common? In each case there is some unexpected
“supervening event” that interfered with one party’s
ability to perform and with their expectations in the
contract. In either case, did the nonperforming party
have a legally recognized “excuse for nonperformance”?
Why or why not? While you might have to wait until a
later chapter for a full answer, how do you think parties
to a contract might deal with these uncertainties in
advance?

3. International business managers try to build trust with
their foreign counterparts, whether it’s a customer,
supplier, or partner. How would you suggest they do
this? Why is trust important to the long-term relation-
ship, and what might it mean to managing the risks of
international business?

5. Plaintiff, a Swiss corporation, entered into contracts to
purchase chicken from B.N.S. International Sales
Corporation. Defendant was a New York corporation. The
English language contracts called for the delivery of
“chicken” of various weights. When the birds were shipped
to Switzerland, the 2-lb. sizes were not young broiling
chickens as the plaintiff had expected, but mature stewing
chickens or fowl. The plaintiff protested, claiming that in
German the term chicken referred to young broiling
chickens. The question for the court was: What kind of
chicken did the plaintiff order? Was it “broiling chicken,” as
the plaintiff argued, or any chickens weighing 2 lbs., as the
defendant argued? Frigaliment Importing Co., Ltd. v. B.N.S.
International Sales Corp.,
190 F. Supp. 116 (S.D.N.Y. 1960). What could the parties have done to avoid this misunder-standing?

7. What industries in your state are the leading exporters?
Who are the leading export firms? What do you think is
the impact of exports on your state’s economy? Where
would you go for information? What role does your
state government play in promoting exports?

9. There are many U.S. government programs to aid
American firms in boosting exports. The International
Trade Administration and its U.S. Commercial Service,
as well as the Small Business Administration administer
several of these programs. Undertake an Internet search
of government resources for small- and medium-sized
exporters. What services does the U.S. Commercial
Service offer? What trade statistics are available?
Country information? Foreign market information?
Export counseling? Matchmaking and trade contact
programs?

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