金融英语考试密押资料金融英语中级法律模拟3金融英语考试密押资料金融英语中级法律模拟3金融英语中级法律模拟3SECTION 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. Briefly explain void, voidable and unenforceable contract.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.问题:2. What must the plaintiff prove in order to succeed in an action of negligence.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. 问题:3. What is a cheque?答案:A cheque is a bill of exchange drawn on a banker payable on demand.问题:4. Who are the holders of bills of exchange, list two of them.答案:Payee Indorsee Bearer 问题:5. The bill must be in writing. Does this mean the rules governing written contract apply?答案:Yes.问题:6. List 2 factors that affect the validity of an otherwise effective contract.答案:Misrepresentation Duress Undue influence Illegality 问题:7. Write 2 ways that terminate an offer.答案:Revocation Rejection Lapse of time Death of either party Failure of a condition subject to which the offer was made. 问题:8. A bill is made payable to order, what kind of bill of exchange is it?答案:Order billSECTION 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 are 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 right in personam is a right against a particular person only.答案:A问题:2. Easement is a right to use the adjacent land that belongs to another.答案:A问题:3. Bills of lading are negotiable.答案:BBills of lading are not negotiable.问题:4. A usance bill is a bill payable immediately.答案:BA usance bill is a bill payable at a future time.问题:5. A promissory note is an order, whereas a bill of exchange is a promise.答案:BA promissory note is a promise, whereas a bill of exchange is an order.问题:6. The putting up of goods for sale by auction is an offer.答案:BThe putting up of goods for sale by auction is not an offer.问题:7. An offer can not be made to the world at large.答案:BAn offer can be made to the world at large.问题:8. Slander is a kind of defamation in written form.答案:BSlander is a kind of defamation in transient form.问题:9. Offers and revocations are effective upon posting, but acceptances are effective upon receipt.答案:BOffers and revocations are effective upon receipt, but acceptances are effective upon posting.问题:10. Past consideration is not a good consideration for negotiable instruments.答案:BPast consideration is a good consideration for negotiable instruments.Question 3问题:1. 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? 答案: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 Marys used car, and John got response from Mary. Marys 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 Marys reply is not an offer, and there is no contract existed between John and Mary.