[外语类试卷](原)金融专业英语(FECT)中级法律模拟试卷2及答案与解析.doc
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1、(原)金融专业英语( FECT)中级法律模拟试卷 2及答案与解析 Question 1 1 List any 5 illegal contracts strictly so called. 2 Name 3 ways in which an offer of a contract will expire. 3 What is meant by past consideration? 4 What is meant by implied terms of a contract? 5 Name the types of actionable misrepresentation. 6 Name 2
2、equitable remedies at time of breach of contract by one party. 7 What is an inchoate instrument? 8 Who is the drawee of a cheque? 9 What type of indorsement is the following? “Pay John on his delivery of documents of title to Hong Kong Bank. Signed: Wang“ 10 Is “indirect injury“ a nuisance or trespa
3、ss? Question 2 11 A right in personam is a right against a particular person only. ( A)正确 ( B)错误 12 Easement is a right to use the adjacent land that belongs to another. ( A)正确 ( B)错误 13 Bills of lading are negotiable. ( A)正确 ( B)错误 14 A usance bill is a bill payable immediately. ( A)正确 ( B)错误 15 A
4、promissory note is an order, whereas a bill of exchange is a promise. ( A)正确 ( B)错误 16 The putting up of goods for sale by auction is an offer. ( A)正确 ( B)错误 17 An offer can not be made to the world at large. ( A)正确 ( B)错误 18 Slander is a kind of defamation in written form. ( A)正确 ( B)错误 19 Offers a
5、nd revocations are effective upon posting, but acceptances are effective upon receipt. ( A)正确 ( B)错误 20 Past consideration is not a good consideration for negotiable instruments. ( A)正确 ( B)错误 Question 3 21 Wong, the president of a corporation told Zheng that “if you work hard, and profit remains hi
6、gh, youll get a bonus, if management thinks its warranted.“ Profit remains high, but no bonus is paid. If Zheng sues, would a court enforce the promise? Question 4 22 Peter wants to buy a comer store. When negotiating in January, he was told by David, the owner of the store that the business of the
7、store was very good and the average net profit from the store was 100,000 per month for the last year. However, in March, a supermarket opened near the store and the business at the store became very slow. Then a contract for the sale of the store was signed between them, all the time David didnt me
8、ntion anything to Peter. Could Peter make a claim against David for misrepresentation. Advise Peter supported by cases. Question 5 23 Write short notes on: (a) What must the plaintiff prove in order to succeed in mi action of negligence? (b) Explain the defences available to the defendant in an acti
9、on based on tort. (c) Explain the rule established in Hedley Byrne (b) negligence. Question 8 26 Explain: (a) Acceptance of bills of exchange. (b) General acceptance. (c) Qualified acceptance. (原)金融专业英语( FECT)中级法律模拟试卷 2答案与解析 Question 1 1 【正确答案】 Commit a crime, a tort or a fraud on a third party; are
10、 sexually immoral; are prejudicial to the public safety; are prejudicial to the administration of justice; tend to promote corruption in public life; are designed to defraud the revenue; are prohibited by statute; tend to defraud or deceive a third party. 2 【正确答案】 By revocation of the offeror; By re
11、jection of the offeree; By lapse of time of the offer. 3 【正确答案】 An act as consideration was performed before any promise of reward is called past consideration; It is not a valid consideration. 4 【正确答案】 Terms which are not expressly set out in contract; But which are implied in fact or law or by cus
12、tom. 5 【正确答案】 Fraudulent misrepresentation; Innocent or negligent misrepresentation. 6 【正确答案】 Specific performance; Injunction. 7 【正确答案】 An negotiable instrument which does not contain one or more elements required by law to constitute it. 8 【正确答案】 A bank. 9 【正确答案】 Conditional indorsement. 10 【正确 答案
13、】 A nuisance. Question 2 11 【正确答案】 A 12 【正确答案】 A 13 【正确答案】 B 【试题解析】 Bills of lading are not negotiable. 14 【正确答案】 B 【试题解析】 A usance bill is a bill payable at a future time. 15 【正确答案】 B 【试题解析】 A promissory note is a promise, whereas a bill of exchange is an order. 16 【正确答案】 B 【试题解析】 The putting up of
14、 goods for sale by auction is not an offer. 17 【正确答案】 B 【试题解析】 An offer can be made to the world at large. 18 【正确答案】 B 【试题解析】 Slander is a kind of defamation in transient form. 19 【正确答案】 B 【试题解析】 Offers and revocations are effective upon receipt, but acceptances are effective upon posting. 20 【正确答案】
15、 B 【试题解析】 Past consideration is a good consideration for negotiable instruments. Question 3 21 【正确答案】 Consideration is essential to formation of any contract. A contractual promise is only legally binding if it is made in return for another promise or an act. Consideration is either some detriment t
16、o the promisee or some benefit to the promisor. A mere moral obligation is insufficient. Consideration must be legally sufficient which is different form adequacy of consideration. Consideration is not sufficient where the act claimed to amount to consideration is one that the promisee is already bo
17、und to do. In Stilk v. Myrick, 1809, where a sea-captain promised to divide the wages of two deserting seamen among the remainder of the crew if they would work the ship home. It was held that there was no enforceable contract between the parties as the crew had done no more than they were already r
18、equired to perform as normal duty in sailing the ship home. Wong promised Zheng to pay him bonus if Zheng would work hard to keep the profit high. The consideration of such promise, following the legal principles of above-mentioned case, is one that the promisee is already bound to do. Zheng is unde
19、r an existing contractual duty already owed to Wong. The performance of a contractual duty already owed to the promisor is not sufficient. So the court will not enforce the promise as it is not supported by consideration. Question 4 22 【正确答案】 There are the factors that affect the validity of a contr
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