单选题
In foreign trade, it is ideal that the seller delivers the goods conforming to the contract in respect of quality, specification, quantity and packing, and hands over the documents concerning the goods at the right time and place stipulated in the contract. And the buyer makes payment for the goods and takes delivery of them in the same manner specified in the contract. However, there always exists a gap between ideal and reality. Complaints or claims may sometimes arise in spite of our well-planned and careful work in the performance of a sales contract. In practice, it is not infrequent that the exporter or the importer neglects or fails to perform any of his obligations, thus giving rise to breach of contract and various trade disputes, which, subsequently, leads to claim, arbitration, or even litigation. Breach of contract means the refusal or failure by a party to a contract to fulfill an obligation imposed on him under that contract, resulting from, e. g., repudiation of liability before completion, or conduct preventing proper performance. The contract is discharged where the breach results in the innocent party treating it as rescinded and where it has the effect of depriving the party who has further undertakings still to perform of substantially the whole benefit which was the intention of the parties as expressed in the contract as the consideration for per forming those undertaking. There are two kinds of complaints or claims made by buyers: (1) The genuine complaint or claim, which arises from such situation as the following: a. The wrong goods may have been delivered. b. The quality may not be satisfactory. c. The shipment may have been found damaged, short or late. (2) The false complaint or claim, which is made by buyers who find fault with the goods as an excuse to escape from the contract, because they no longer want the goods or because they have found that they can buy them cheaper elsewhere. Suppose you are the buyer and are suffering from someone's mistake. If a complaint or claim has to be made, the matter should be investigated in detail and these details should be laid before the party charged. Sometimes, a reference to the previously satisfactory deliveries and services may help to win more sympathetic consideration of the present complaint or claim. We must handle complaint or claims in accordance with the principle of "on the first ground to our advantage and with restraint" and settle them amicably to the satisfaction of all parties concerned. It is necessary to study the case in question and as certain what the real cause is and who is the party to be held responsible. We must also be careful in choosing the wording in our correspondence so as to avoid any misunderstandings.
单选题
What is the first paragraph mainly about? A. Sellers deliver goods through ideal. B. Buyers make payment according to the contract. C. Complaints or claims may sometimes appear in the performance of a sales contract. D. There is a big gap between ideal and reality in business practice.
【正确答案】
C
【答案解析】
单选题
Which is the worst consequence of breach of contract? A. arbitration B. litigation C. claim D. negotiation
【正确答案】
B
【答案解析】
单选题
The genuine complaint or claim may arise from such situations EXCEPT A. shipment may have been found damaged B. The wrong goods may have been delivered. C. The quality may not be satisfactory. D. The price of the goods is too high.
【正确答案】
D
【答案解析】
单选题
What is the real motivation for a false complaint or claim? A. The buyer have found goods at more competitive price. B. The quality of the goods may be undesirable. C. The seller has broken the contract. D. The delivery process disobeys rules.
【正确答案】
A
【答案解析】
单选题
Why a reference to previous sound practice is made in case of a complaint? A. to set a good example for other sellers. B. to prevent further mistakes. C. to escape possible punishment. D. to gain more sympathetic attitude of the buyer.
【正确答案】
D
【答案解析】
单选题
For what proper wording is used in the correspondence? A. for the sake of formalism B. for politeness C. for avoidance of misapprehension D. for mutual benefit