[金融英语考试密押资料]金融英语中级法律模拟2

金融英语考试密押资料金融英语中级法律模拟2金融英语考试密押资料金融英语中级法律模拟2金融英语中级法律模拟2SECTION 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. What is an offer?答案:An offer is a proposal made by one party (offeror) to another (offeree) with the intention that it shall become binding as soon as it is accepted. It must be clear and certain, it may be made orally or in writing or by conduct. An offer can be made to a particular individual or to a group of persons, or to the world at large.问题:2. Define consideration.答案:Some right, interest, profit or benefit accruing to one party Forbearance, detriment, loss or responsibility given, suffered or undertaken by the other.问题:3. List 3 groups of implied terms.答案:Terms implied in fact Terms implied in law Terms implied by custom 问题:4. Name 3 types of remedies provided for breach of contract.答案:Damages Action for an agreed sum Quantum meruit Specific performance Injunction 问题:5. What does illegal contract mean?答案:Neither party can get assistance of the courts to enforce a contract Injurious to society 问题:6. Is "trespass" a crime or a tort?答案:A tort问题:7. Define the drawer of a cheque.答案:The person who writes the cheque.问题:8. What does "negotiable" mean (in relation to a negotiable instrument)?答案:Transferable问题:9. If a bill is made payable to "cash or order", is it a bill of exchange?答案:No问题:10. What type of indorsement is the following?"Pay Mary Wang on her marriage to Jack Chan Signed: George Lee"答案:Conditional indorsementSECTION 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. The object of an action in tort is to compensate the individual who has suffered harm caused by the breach of contract.答案:BThe object of an action in tort is to compensate the individual who has suffered harm caused by the act or omission of the wrongdoer (tortfeasor).问题:2. Consideration is either some detriment to the promisor or some benefit to the promisee.答案:BConsideration is either some detriment to the promisee or some benefit to the promisor.问题:3. Circulation of a price-list by a wine merchant is an offer.答案:BCirculation of a price-list by a wine merchant is an invitation to treat.问题:4. Insurance policy is not required to be in writing to be enforceable.答案:BInsurance policy is required to be in writing to be enforceable.问题:5. Vicarious liability means liability for the tort of another.答案:A问题:6. A right in rem is a right in a thing itself which is good against the whole world.答案:A问题:7. An agreement for the sale and purchase of land need not be evidenced in writing to be enforceable.答案:BAn agreement for file sale and purchase of land must be evidenced in writing to be enforceable.问题:8. Certificates of deposits are not negotiable unless they are in a deliverable state.答案:A问题:9. The drawee does not have to pay immediately when a demand bill is presented to him.答案:BThe drawee is required to pay immediately when a demand bill is presented to him.问题:10. A blank indorsement only consists of the signature of the transferee.答案:BA blank indorsement only consists of the signature of the transferor.问题:11. A promissory note has only two parties: the bearer and payee.答案:BA promissory note has only two parties: the maker and payee.Question 3问题:1. Wong, the president of a corporation told Zheng that "if you work hard, and profit remains high, youll get a bonus, if management thinks its warranted." Profit remains high, but no bonus is paid. If Zheng sues, would a court enforce the promise?答案:Consideration is essential to formation of any contract. A contractual promise is only legally binding if it is made in return for another promise or an act. Consideration is either some detriment to the promisee or some benefit to the promisor. A mere moral obligation is insufficient. Consideration must be legally sufficient which is different form adequacy of consideration. Consideration is not sufficient where the act claimed to amount to consideration is one that the promisee is already bound to do. In Stilk v. Myrick, 1809, where a sea-captain promised to divide the wages of two deserting seamen among the remainder of the crew if they would work the ship home. It was held that there was no enforceable contract between the parties as the crew had done no more than they were already required to perform as normal duty in sailing the ship home. Wong promised Zheng to pay him bonus if Zheng would work hard to keep the profit high. The considera