1、（原）金融专业英语（FECT ）中级法律模拟试卷 1（无答案）Question 11 What is an offer? 2 Define consideration. 3 List 3 groups of implied terms. 4 Name 3 types of remedies provided for breach of contract. 5 What does illegal contract mean? 6 Is “trespass“ a crime or a tort? 7 Define the drawer of a cheque. 8 What does “negot
2、iable“ mean (in relation to a negotiable instrument)? 9 If a bill is made payable to “cash or order“, is it a bill of exchange? 10 What type of indorsement is the following? “Pay Mary Wang on her marriage to Jack Chan Signed: George Lee“Question 211 A prohibitory injunction orders the defendant to d
3、o something positive. （A）正确（B）错误12 The employer is vicariously liable for a tort committed by the employee acting in a course of employment. （A）正确（B）错误13 A person can exclude or restrict his liability for personal injury resulting from negligence by express consent. （A）正确（B）错误14 Personal property co
4、nsists of all movable property except property recoverable and /or enforceable by taking an action. （A）正确（B）错误15 The mortgagor may, where he is in possession of the land, grant leases to third parties subject to any special agreement to the contrary. （A）正确（B）错误16 The most extensive right allowed by
5、the law of dealing with a thing to the exclusion of all others is called possession. （A）正确（B）错误17 An indorser may negative or limit his liability of repayment to the holder by an express insertion to that effect. （A）正确（B）错误18 A drawee of a bill of exchange has an obligation to pay the bill. （A）正确（B）
6、错误19 Certificates of deposits are not negotiable instruments. （A）正确（B）错误20 A bill of exchange which is drawn in favour of a fictitious or non-existing person is not valid. （A）正确（B）错误21 A cheque which reads “Pay cash“ is a valid cheque. （A）正确（B）错误22 Minors are generally fully liable for their tortiou
7、s actions. （A）正确（B）错误Question 323 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
8、 before Mary received the letter from John, Mary sold her used car to David.Can John sue Mary to enforce the contract? Question 424 Chan promised to pay his nephew 5,000 if his nephew would refrain from drinking liquor and using tobacco until the nephew should be 21 years of age. The nephew took Cha
9、ns words seriously, and abandoned drinking and smoking. After the nephew celebrated his 21st birthday, he asked Chan to pay the amount promised, Chan refused.Could the nephew sue Chan for breach of the contract?Question 525 In January, 1992, Wang rented a house for three years at a monthly rent of 1
10、,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
11、 your answer.Question 626 (a) Define cheque.(b) Explain any five points of the differences between cheques and bills of exchange.Question 727 Write short notes on:(a) Property.(b) choses in possession and in action.(c) right in rem and in personam.Question 828 Briefly explain the following four ways that personal property may be used as security for debts:(a) Lien(b) Mortgage(c) Pledge(d) Charge
