[外语类试卷]（原）金融专业英语（FECT）中级法律模拟试卷3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 3及答案与解析 Question 1 1 Briefly explain void, voidable and unenforceable contract. 2 What must the plaintiff prove in order to succeed in an action of negligence. 3 What is a cheque? 4 Who are the holders of bills of exchange, list two of them. 5 The bill must be in writing. Do

2、es this mean the rules governing written contract apply? 6 List 2 factors that affect the validity of an otherwise effective contract. 7 Write 2 ways that terminate an offer. 8 A bill is made payable to “order“, what kind of bill of exchange is it? Question 2 9 The object of an action in tort is to

3、compensate the individual who has suffered harm caused by the breach of contract. （ A）正确 （ B）错误 10 Consideration is either some detriment to the promisor or some benefit to the promisee. （ A）正确 （ B）错误 11 Circulation of a price-list by a wine merchant is an offer. （ A）正确 （ B）错误 12 Insurance policy is

4、 not required to be in writing to be enforceable. （ A）正确 （ B）错误 13 Vicarious liability means liability for the tort of another. （ A）正确 （ B）错误 14 A right in rem is a right in a thing itself which is good against the whole world. （ A）正确 （ B）错误 15 An agreement for the sale and purchase of land need not

5、 be evidenced in writing to be enforceable. （ A）正确 （ B）错误 16 Certificates of deposits are not negotiable unless they are in a deliverable state. （ A）正确 （ B）错误 17 The drawee does not have to pay immediately when a demand bill is presented to him. （ A）正确 （ B）错误 18 A blank indorsement only consists of

6、the signature of the transferee. （ A）正确 （ B）错误 19 A promissory note has only two parties: the bearer and payee. （ A）正确 （ B）错误 Question 3 20 (a)Define a promissory note. (b)State whether each of the following negotiable instruments is valid. (i) A bill reads “pay 1,000 out of money to be received by

7、you from Mr. Gao“. (ii) A bill of exchange reads “pay 10,000, charge the same to the sale proceeds of 100 cartons of toys shipped per SS Mingzen“. (iii) A bill of exchange which is stated as being payable on arrival of goods at a specified port. (iv) Is a bill of exchange which is payable on a perso

8、ns marriage valid? (v) A bill of exchange is drawn in favour of a minor, a person below the age of eighteen. (vi) A bill of exchange reads “we hereby request you to pay on our account to the order of Gao 1,000“. (vii) A bill of exchange reads “pay to our order the sum of 5,000 in accordance with you

9、r undertaking authorized through Bank of Hongkong“. (viii) Is a cheque which reads “pay order“ valid? (ix) A promissory note reads “I promise to pay on or before Dec 1st, 1998 Mr. Gao or order the sum of 10,000 only for value received. Signed“. (x) Is a promissory note which reads “to be paid back i

10、n full by 1 July, 1988“ valid? Question 4 21 Chan wanted to sell his business in which Lee was interested. During the course of negotiations in January, Chan correctly represented the takings to be about 40,000 a month. The contract was not signed until June when takings had fallen to 1,000 a month

11、owing to Chans illness. Chan did not mention the drop when the contract was entered into in June. Can Lee rescind the contract? Question 5 22 (a) Define defamation. (b) Explain the difference between libel and slander. Question 6 23 Define an indorsement of bill of exchange. What are the types of li

12、ability of an indorser? Question 7 24 Write short notes on: (a) Real property. (b) Personal property. Question 8 25 (a) What is indorsement of bills of exchange? (b) How many types are there? Write short notes on them. （原）金融专业英语（ FECT）中级法律模拟试卷 3答案与解析 Question 1 1 【正确答案】 A void contract is one which

13、does not exist and which has never existed. A contract is void when it is destitute of all legal effect. A contract is voidable when the law allows one of the contracting parties to withdraw from the contract if he so wishes. A contract is unenforceable when, although it is valid if the parties perf

14、orm it, it cannot be enforced in the courts of law if either party fails to do so. 2 【正确答案】 The defendant owed the plaintiff a legal duty of care. The defendant was in a breach of that duty. The plaintiff suffered damage as a result of thru breach. 3 【正确答案】 A cheque is a bill of exchange drawn on a

15、banker payable on demand. 4 【正确答案】 Payee Indorsee Bearer 5 【正确答案】 Yes. 6 【 正确答案】 Misrepresentation Duress Undue influence Illegality 7 【正确答案】 Revocation Rejection Lapse of time Death of either party Failure of a condition subject to which the offer was made. 8 【正确答案】 Order bill Question 2 9 【正确答案】 B

16、 【试题解析】 The object of an action in tort is to compensate the individual who has suffered harm caused by the act or omission of the wrongdoer (tortfeasor). 10 【正确答案】 B 【试题解析】 Consideration is either some detriment to the promisee or some benefit to the promisor. 11 【 正确答案】 B 【试题解析】 Circulation of a p

17、rice-list by a wine merchant is an invitation to treat. 12 【正确答案】 B 【试题解析】 Insurance policy is required to be in writing to be enforceable. 13 【正确答案】 A 14 【正确答案】 A 15 【正确答案】 B 【试题解析】 An agreement for file sale and purchase of land must be evidenced in writing to be enforceable. 16 【正确答案】 A 17 【正确答案】

18、 B 【试题解析】 The drawee is required to pay immediately when a demand bill is presented to him. 18 【正确答案】 B 【试题解析】 A blank indorsement only consists of the signature of the transferor. 19 【正确答案】 B 【试题解析】 A promissory note has only two parties: the maker and payee. Question 3 20 【正确答案】 (a) A promissory n

19、ote is defined as an unconditional promise in writing made by one person to another signed by the maker, engaging to pay, on demand or at a fixed or determinable future time, a sum certain in money, to, or to the order of, a specified person or to bearer. (b) (i) Not valid (ii) Valid (iii) Not valid

20、 (iv) Not valid (v) Valid (vi) Not valid (vii) Not valid (viii) Valid (ix) Valid (x) Not valid Question 4 21 【正确答案】 A misrepresentation is an untrue statement of fact made by one contracting party to the other to induce the other party to enter into contract. In general, a representation is a statem

21、ent of some existing facts or past events. Silence does not normally amount to representation. But where a statement is true when it is made, and subsequently becomes false before the conclusion of the contract, the statement is representation. In with v. OFlanagan, 1936, where the defendant was a m

22、edical practitioner who wished to sell his practice. In January, 1934, the defendant informed the plaintiff that the income from the practice was 2,000. Five months later when the contract was signed the income had fallen considerably due to the defendants illness and no mention of this fact was mad

23、e to the plaintiff. The plaintiff claimed rescission of the contract. It was held that the plaintiff could rescind the contract as there was misrepresentation. Chans statement concerning takings to be 4,000 a month during the negotiation is true. But five months later, the takings had fallen to 1,00

24、0. Chans representation, following the legal principle of above-mentioned case, turns to be false before the conclusion of the contract. Chan should correct his statement concerning the takings after the change, but he kept silent. His silence amounts to misrepresentation which affects the genuinene

25、ss of assent of the other party Lee. Lee can rescind the contract. Question 5 22 【正确答案】 (a) Defamation is defined as a statement “lowering a person in the estimation of right-thinking members of society generally“. Mere vulgar or abusive use of language is insufficient, nor is a statement that would

26、 lower a person only in the eyes of persons who are not “right-thinking“. A statement is defamatory unless an average right-thinking man in the society takes the same view. (b) Libel is a communication in any permanent form such as writing, films, sculpture, records, radio and television broadcast,

27、etc. Slander is a communication in any transient form, e.g. speech and gestures. There are two important distinctions: Libel may give rise to criminal as well as civil liability, but not with slander. Libel is actionable per se, the mere fact that a person has been libeled is sufficient to bring an

28、action. Slander is actionable only on proof of special damage with exception. Question 6 23 【正确答案】 Indorsement is a signature, must be the same with the transferors name as stated in the bill in order to operate as a negotiation, must comply with the following conditions, namely: (1) it must be writ

29、ten on the bill itself and signed by the indorser, the simple signature of the indorser on the bill without additional words, is sufficient; (2) it must be an indorsement of the entire bill. There are four types of indorsement: (i) a blank indorsement, which, no transferee is specified; (ii) a speci

30、al indorsement, which spells out the name of transferee; (iii) a restrictive indorsement, which will prevent further negotiation of the bill; (iv) a conditional indorsement, which transfers ownership subject to a specified term or condition. Question 7 24 【正确答案】 (a) Real property is immovable proper

31、ty which is subject to actions in rem. Real property consists of the following: land: Section 2 of Conveyancing and Property Ordinance states that land includes: (i) land covered by water; (ii) any estate, fight, interest or easement; (iii) the whole or part of an undivided share in land and any est

32、ate, right, interest or easement in or over the whole or part of an undivided share in land. building and fixtures: Section 2 states that land includes things attached to land or permanently fastened to land and anything attached to land. (b) Personal property is movable property and intangible prop

33、erty which is subject to actions in personam. Personal property includes: - chattels real, i.e. personal property recoverable and/or enforceable by taking an action in rem. - chattels personal, i.e. movable property such as choses in possession and choses in action. Question 8 25 【正确答案】 (a) The tran

34、sfer of a bill of exchange is effected by delivery or by indorsement and delivery. Order bill requires both indorsement and delivery. Indorsement is a signature and the signature must be the same with the transferors name as stated on the bill. Section 32 of the Bills of Exchange Ordinance states th

35、at: an indorsement in order to operate as a negotiation must comply with the following conditions: it must be written on the bill itself and be signed by the indorser. The simple signature of the indorser on the bill, without additional words, is sufficient; it must be an indorsement of the entire b

36、ill. (b) There are four types of indorsement: blank, special, restrictive and conditional. A blank indorsement only consists of the signature of the transferor. No transferee is specified. When a bill is indorsed in blank it becomes payable to bearer and transfer thereafter is effected by delivery, no further indorsement will be required. A special indorsement spells out the name of the transferee. A restrictive indorsement will prevent further negotiation of the bill. A conditional indorsement transfers ownership subject to a specified term or condition.