On Oct. 2 one Chinese company in Shanghai cab
问题详情
On Oct. 2, one Chinese company in Shanghai cabled an American trader offering 500 dozen of pure cotton men's shirt USD85 per dozen CIF New York, subject to his reply reaching Shanghai before Oct. 15. On Oct. 10 , the American trader cabled: "your price is too high. USD80 per dozen is acceptable". On Oct. 13, the trader cabled again: "accept your offer of Oct. 2 and L/C has been opened. " Because the price of our goods is increasing, we didn't reply and didn't dispatch the goods either. The American trader thought that the Chinese company violated the contract and lodged a claim against the Chinese company.
Question : Should the Chinese company compensate the American trader for the loss？ Why？
参考答案
我上海某公司于10月2日向美商发电，以每打85美元CIF纽约的价格提供全棉男衬衫500打，限10月15日复到有效。10月10日收到美商回电：“价格太高，若每打80美元可接受。”10月13日又收到美商来电：“接受你10月2日发盘，信用证已开出。”但我方由于市价上涨未做回答，也没有发货，后美商认为我方违约，要求赔偿损失。
请问：我方应否赔偿?为什么?
The Chinese company shouldn't compensate the American trader for the loss because the American trader made counter-offer and the original offer has lost its effectiveness, therefore he couldn't accept the offer and there is no contract between them.
