试卷详情
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金融英语中级法律-2
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[填空题]What type of indorsement is the following
"Pay John on his delivery of documents of title to Hong Kong Bank. Signed: Wang"
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[简答题]Write short notes on:
(a) vicarious liability;
(b) negligence.
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[填空题]What is meant by implied terms of a contract
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[判断题]The employer is vicariously liable for a tort committed by the employee acting in a course of employment.
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[判断题]A bill of exchange which is drawn in favour of a fictitious or non-existing person is not valid.
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[填空题]Who is the drawee of a cheque
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[判断题]Minors are generally fully liable for their tortious actions.
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[判断题]Personal property consists of all movable property except property recoverable and /or enforceable by taking an action.
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[判断题]The mortgagor may, where he is in possession of the land, grant leases to third parties subject to any special agreement to the contrary.
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[填空题]List any 5 illegal contracts strictly so called.
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[简答题]Define an indorsement of bill of exchange. What are the types of liability of an indorser
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[判断题]The most extensive right allowed by the law of dealing with a thing to the exclusion of all others is called possession.
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[简答题]In January, 1992, Wang rented a house for three years at a monthly rent of $1,000. Wang became unemployed in August, 1992 and wanted to move out. Jone then orally agreed to reduce the monthly rent to half. In January, 1993 Wang was informed to pay the amount of rent he had paid before.
Could Wang insist on paying the half rent until expiration of the contract
Give reasons for your answer.
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[简答题](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 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 person’s 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 your 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. G
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[判断题]A cheque which reads "Pay cash" is a valid cheque.
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[判断题]A drawee of a bill of exchange has an obligation to pay the bill.
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[判断题]Certificates of deposits are not negotiable instruments.
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[简答题]Briefly explain the following four ways that personal property may be used as security for debts:
(a) Lien
(b) Mortgage
(c) Pledge
(d) Charge
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[填空题]What is an inchoate instrument
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[填空题]Name the types of actionable misrepresentation.
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[判断题]A prohibitory injunction orders the defendant to do something positive.
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[填空题]Name 2 equitable remedies at time of
breach of contract by one party.
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[简答题]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 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 didn’t mention anything to Peter.
Could Peter make a claim against David for misrepresentation. Advise Peter supported by cases.
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[填空题]What is meant by past consideration
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[判断题]An indorser may negative or limit his liability of repayment to the holder by an express insertion to that effect.
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[判断题]A person can exclude or restrict his liability for personal injury resulting from negligence by express consent.
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[填空题]Is "indirect injury" a nuisance or trespass
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[填空题]Name 3 ways in which an offer of a contract will expire.