商法精品教学（广东外语外贸）Group Assignment.docVIP

Instructions: You are required to analyze the following case problems by groups. Each group shall submit one typed copy before the deadline. The grading for your case study will reflect your interest in the development of legal analysis skills, written skills and team spirit. However, right or wrong conclusions are not the most important. The process and resources you have used to make conclusions and/or make recommendations will be emphasized on. Were your understandings of the facts accurate and comprehensive? Did you find out the focus of the disputes? Did you come up with the appropriate legal rules applicable to the case? How did you apply the legal rules to the case and convince others? 1. Retailer in State A decides to go into the catalog sales business in State B. Both countries are parties to the CISG. Retailer purchases a mailing list from Ace Credit Card Company. The list has the names and addresses of 500,000 persons owning Ace credit cards in State B, and Retailer uses this to prepare mailing labels. John Bush receives a catalog addressed to him personally from Retailer. The catalog describes various types of widgets and gives prices for each one. Has Retailer made an offer to sell the widgets机械小玩意 under the CISG? 2. The Sterns entered into a surrogacy 代理agreement with Mary Beth Whitehead in which she agreed to bear the child of Mr. Stern (through artificial insemination人工受孕) in exchange for costs plus $10?000 and to terminate her rights as a mother even before the baby was conceived. Upon the birth of the baby (Melissa) and the subsequent handover后续 to the Sterns as agreed, Mrs. Whitehead “became deeply disturbed, disconsolate, stricken with unbearable sadness.” She persuaded the Sterns to give her one last week with the child by telling them that she was suicidal. So the Sterns handed their child over to the suicidal woman. It turned out that the suicidal woman (Mary Beth Whitehead) fled to Florida with her husband and the baby. There, they took eva