金融英语中级法律-3
(总分：156.00，做题时间：90分钟)
一、{{B}}SECTION ONE{{/B}}(总题数：8，分数：16.00)
1.Briefly explain void, voidable and unenforceable contract.
（分数：2.00）
填空项1:__________________ （正确答案：A void contract is one which 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 perform it, it cannot be enforced in the courts of law if either party fails to do so.）
解析：
2.What must the plaintiff prove in order to succeed in an action of negligence.
（分数：2.00）
填空项1:__________________ （正确答案：The defendant owed the plaintiff a legal duty of care.）
解析：The defendant was in a breach of that duty. The plaintiff suffered damage as a result of thru breach.
3.What is a cheque?
（分数：2.00）
填空项1:__________________ （正确答案：A cheque is a bill of exchange drawn on a banker payable on demand.）
解析：
4.Who are the holders of bills of exchange, list two of them.
（分数：2.00）
填空项1:__________________ （正确答案：Payee）
解析：Indorsee Bearer
5.The bill must be in writing. Does this mean the rules governing written contract apply?
（分数：2.00）
填空项1:__________________ （正确答案：Yes.）
解析：
6.List 2 factors that affect the validity of an otherwise effective contract.
（分数：2.00）
填空项1:__________________ （正确答案：Misrepresentation）
解析：Duress Undue influence Illegality
7.Write 2 ways that terminate an offer.
（分数：2.00）
填空项1:__________________ （正确答案：Revocation）
解析：Rejection Lapse of time Death of either party Failure of a condition subject to which the offer was made.
8.A bill is made payable to "'"order", what kind of bill of exchange is it?
（分数：2.00）
填空项1:__________________ （正确答案：Order bill）
解析：
二、{{B}}SECTION TWO{{/B}}(总题数：16，分数：140.00)
9.A right in personam is a right against a particular person only.
（分数：2.00）
 A.正确 √
 B.错误
解析：
10.Easement is a right to use the adjacent land that belongs to another.
（分数：2.00）
 A.正确 √
 B.错误
解析：
11.Bills of lading are negotiable.
（分数：2.00）
 A.正确
 B.错误 √
解析：Bills of lading are not negotiable.
12.A usance bill is a bill payable immediately.
（分数：2.00）
 A.正确
 B.错误 √
解析：A usance bill is a bill payable at a future time.
13.A promissory note is an order, whereas a bill of exchange is a promise.
（分数：2.00）
 A.正确
 B.错误 √
for the sale解析：A promissory note is a promise, whereas a bill of exchange is an order.
14.The putting up of goods for sale by auction is an offer.
（分数：2.00）
 A.正确
 B.错误 √
解析：The putting up of goods for sale by auction is not an offer.
15.An offer can not be made to the world at large.
（分数：2.00）
 A.正确
 B.错误 √
解析：An offer can be made to the world at large.
16.Slander is a kind of defamation in written form.
（分数：2.00）
 A.正确
 B.错误 √
解析：Slander is a kind of defamation in transient form.
17.Offers and revocations are effective upon posting, but acceptances are effective upon receipt.
（分数：2.00）
 A.正确
 B.错误 √
解析：Offers and revocations are effective upon receipt, but acceptances are effective upon posting.
18.Past consideration is not a good consideration for negotiable instruments.
（分数：2.00）
 A.正确
 B.错误 √
解析：Past consideration is a good consideration for negotiable instruments.
19.John wrote to Mary asking "Will you sell your second-hand car? Please tell me your lowest price." Mary replied in a letter: "The lowest price for my used car is ＄2,000." John then sent the second letter to Mary saying that he agreed to buy the used car for ＄2,000. But before Mary received the letter from John, Mary sold her used car to David. Can John sue Mary to enforce the contract?
（分数：20.00）
__________________________________________________________________________________________
正确答案：()
解析：An offer is a proposal made by the offeror to the offeree with the intention that it shall become binding as soon as it is accepted. An offer must carry the definite intention to be bound which is different from supply of information. In Harvey v. Facey, 1893, where a telegraph communication was exchanged between the parties. Harvey: "Will you sell us Bumper Hall Pen? Telegraph lowest price." Facey: "Lowest price for Bumper Hall Pen is ＄
900." Harvey: "We agree to buy Bumper Hall Pen for ＄900 asked by you." To this last telegram Facey made no reply. It was held that there was no contract between the parties as the defendant was only answering a question concerning the price. John asked Mary about the lowest price of Mary's used car, and John got response from Mary. Mary's response concerning the price, following the legal principles of above-mentioned case, does not carry the definite intention to be bound and Mary was only answering a question concerning the price. An offer is different from supply of information. It is supply of information to state the price at which something might be sold in respond to a request for information. So Mary's reply is not an offer, and there is no contract existed between John and Mary. John can not sue Mary to enforce the contract.

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