金融英语考试密押资料金融英语中级法律模拟1金融英语考试密押资料金融英语中级法律模拟1金融英语中级法律模拟1SECTION ONEQuestion 1 Answer all questions below. Do not write more than 20 words on each part of the question. Note form answers are acceptable. 问题:1. List any 5 illegal contracts strictly so called.答案:Commit a crime, a tort or a fraud on a third party; are 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. 问题:2. Name 3 ways in which an offer of a contract will expire.答案:By revocation of the offeror; By rejection of the offeree; By lapse of time of the offer. 问题:3. What is meant by past consideration?答案:An act as consideration was performed before any promise of reward is called past consideration; It is not a valid consideration. 问题:4. What is meant by implied terms of a contract?答案:Terms which are not expressly set out in contract; But which are implied in fact or law or by custom. 问题:5. Name the types of actionable misrepresentation.答案:Fraudulent misrepresentation; Innocent or negligent misrepresentation. 问题:6. Name 2 equitable remedies at time ofbreach of contract by one party.答案:Specific performance; Injunction. 问题:7. What is an inchoate instrument?答案:An negotiable instrument which does not contain one or more elements required by law to constitute it.问题:8. Who is the drawee of a cheque?答案:A bank.问题:9. What type of indorsement is the following?Pay John on his delivery of documents of title to Hong Kong Bank. Signed: Wang答案:Conditional indorsement.问题:10. Is indirect injury a nuisance or trespass?答案:A nuisance.SECTION TWO Answer any four questions only. Each question carries equal marks. Note form answers are acceptable. Question 2 Answer all questions below. Read the following statements, state whether they am True (T) or False (F). If it is a false statement, try to rewrite a correct version to illustrate your answers. 问题:1. A prohibitory injunction orders the defendant to do something positive.答案:BA prohibitory injunction stops the defendant to do something positive.问题:2. The employer is vicariously liable for a tort committed by the employee acting in a course of employment.答案:A问题:3. A person can exclude or restrict his liability for personal injury resulting from negligence by express consent.答案:BA person can not exclude or restrict his liability for personal injury resulting from negligence by express consent.问题:4. Personal property consists of all movable property except property recoverable and /or enforceable by taking an action.答案:BPersonal property consists of all movable property includingproperty recoverable and /or enforceable by taking an action.问题:5. The mortgagor may, where he is in possession of the land, grant leases to third parties subject to any special agreement to the contrary.答案:A问题:6. The most extensive right allowed by the law of dealing with a thing to the exclusion of all others is called possession.答案:BThe most extensive right allowed by the law of dealing with a thing to the exclusion of all others is called ownership.问题:7. An indorser may negative or limit his liability of repayment to the holder by an express insertion to that effect.答案:A问题:8. A drawee of a bill of exchange has an obligation to pay the bill.答案:BA drawee of a bill of exchange has an obligation to pay the bill only when he becomes an acceptor. No person is liable to a bill if he has not signed it.问题:9. Certificates of deposits are not negotiable instruments.答案:BCertificates of deposits are negotiable instruments, providing they are in a deliverable state.问题:10. A bill of exchange which is drawn in favour of a fictitious or non-existing person is not valid.答案:BA bill of exchange which is drawn in favour of a fictitious or non-existing person is still valid, it may be, treated as payable to bearer.问题:11. A cheque which reads Pay cash is a valid cheque.答案:BA cheque which reads Pay cash is not a valid cheque.问题:12. Minors are generally fully liable for their tortious actions.答案:AQuestion 3问题:1. (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 persons marriage valid? (v) A bill of exchange is drawn in favour of a minor, a person below