金融英语中级法律-3及答案解析.doc

1、金融英语中级法律-3 及答案解析(总分：156.00，做题时间：90 分钟)一、BSECTION 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:_2.What must the plaintiff prove in order to succeed in an action of negligence.（分数：2.00）填空项 1:_3.What is a cheque?（分数：2.00）填空项 1:_4.Who are the holders of

2、 bills of exchange, list two of them.（分数：2.00）填空项 1:_5.The bill must be in writing. Does this mean the rules governing written contract apply?（分数：2.00）填空项 1:_6.List 2 factors that affect the validity of an otherwise effective contract.（分数：2.00）填空项 1:_7.Write 2 ways that terminate an offer.（分数：2.00）填

3、空项 1:_8.A bill is made payable to “order“, what kind of bill of exchange is it?（分数：2.00）填空项 1:_二、BSECTION 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10.Easement is a right to use the adjacent land that belongs to another.（分数：2.00）A.正确B.错

4、误11.Bills of lading are negotiable.（分数：2.00）A.正确B.错误12.A usance bill is a bill payable immediately.（分数：2.00）A.正确B.错误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14.The putting up of goods for sale by auction is an offer.（分数：2.00）A.正确B.错误15.An offer can n

5、ot be made to the world at large.（分数：2.00）A.正确B.错误16.Slander is a kind of defamation in written form.（分数：2.00）A.正确B.错误17.Offers and revocations are effective upon posting, but acceptances are effective upon receipt.（分数：2.00）A.正确B.错误18.Past consideration is not a good consideration for negotiable ins

6、truments.（分数：2.00）A.正确B.错误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 befo

7、re 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）_20.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 mont

8、h. The contract was not signed until June when takings had fallen to 1,000 a month owing to Chans illness. Chan did not mention the drop when the contract was entered into in June. Can Lee rescind the contract?（分数：20.00）_21.Write short notes on: (a) What must the plaintiff prove in order to succeed

9、in mi action of negligence? (b) Explain the defences available to the defendant in an action based on tort. (c) Explain the rule established in Hedley Byrne the defendant was in a breach of that duty; and he has a suffered damage as a result of that breach. (b) Defendants defences Even if the plaint

10、iff can prove all three elements of negligence, the defendant can establish defences to the plaintiffs claim contributory negligence voluntary assumption of risk on the part of the plaintiff the damage suffered by the plaintiff is too remote. (c) Hedley Byrne the defendant is aware of the plaintiffs

11、 reliance on his advice; the circumstances must be such that plaintiffs reliance is reasonable. The advice is given by professional advisers such as accountants, bankers, investment advisers, etc. It is important to note that mere knowledge that the plaintiff will rely on the defendants advice or in

12、formation is not sufficient; what matters is whether the defendant knows that the plaintiff will rely on the defendants advice or information for use in the plaintiffs transaction in contemplation.22.(a) Define cheque. (b) Explain any five points of the differences between cheques and bills of excha

13、nge.（分数：20.00）_正确答案：()解析：(a) Section 73 (1) and section 3 (1) of Bills of Exchange Ordinance define the cheque as an unconditional order in writing, addressed by a person to a bank, signed by the person making it, requiring the bank to pay on demand a stun certain in money to, or to the order of, a

14、specified person or to bearer. (b) Differences between cheques and bills of exchange: The drawee of a cheque is a banker. The drawee of a cheque is not liable to the holder for refusing payment, since the banker never accepts the cheque. The roles on acceptance do not apply to cheques. Because most

15、cheques are usually not negotiated, the rules on negotiation have little significance. Delay in presenting a cheque for payment does not discharge the drawer, unless he suffers actual loss through the delay. The rules concerning crossings are confined to cheques and certain other instruments and not

16、 to other bills. Payment of an order cheque with a forged or unauthorized indorsement discharges the paying banker if certain statutory exemptions apply, but in the same situation, the acceptor of a bill would not be discharged. Based on the contractual relationship between a banker and a customer,

17、a number of implied obligations are imposed on them towards the other by law.23.Write short notes on: (a) Real property. (b) Personal property.（分数：20.00）_正确答案：()解析：(a) Real property is immovable property which is subject to actions in rem. Real property consists of the following: land: Section 2 of

18、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 estate, right, interest or easement in or over the whole or part of an undivided share in land. buildi

19、ng 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 property which is subject to actions in personam. Personal property includes: - chattels real, i.e. per

20、sonal 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.24.Explain: (a) Acceptance of bills of exchange. (b) General acceptance. (c) Qualified acceptance.（分数：20.00）_正确答案：()解析：(a) Section 17

21、 of the Bills of Exchange Ordinance stipulates that: the acceptance of a bill is the signification by the drawee of his assent to the order of the drawer. an acceptance is invalid unless it complies with the following conditions: (i) it must be written on the bill and be signed by the drawee. The me

22、re signature of the drawee, without additional words, is sufficient. (ii) it must not express that the drawee will perform his promise by any other means than the payment of money. (b) A general acceptance assents without qualification to the order of the drawer. (c) A qualified acceptance in expres

23、s terms varies the effect of the bill as drawn. Qualified acceptance may be: conditional, which makes payment by the acceptor dependent on the fulfillment of a condition therein stated; partial, which pays part only of the amount for which the bill is drawn. qualified as to time; local, which pays only at a particular specified place; the acceptance of some one or more of the drawees, but not of all.