2023年6月24日发(作者：)

英美商法模拟试卷

一、单项选择题

one is not the source of English Law ( D )

A. case law; B. legislation; C. European Community law; D. Chinese Law

one of the following precedents is binding (C )

A. persuasive precedents; B. precedents which have been overruled;

C. higher courts’ decisions; D. precedents which have been distinguished;

one has the highest position in UK? ( C )

Court; B. high court; C. European Court; D. Court of appeal

s crimes, such as murder and rape, are tried in ( B )

A. High court; B. crown court; C. county Court; D. Magistrates’ Courts

are three fundamental rules relating to interpretation, which one is not ( D )

A. the literal rule; B. the golden rule; C. the mischief rule; D. none of the above

is the binding element in legal decisions? ( A )

decidendi; B. obter dictum; C. Both; D. neither.

of the following disputes must be referred to specialist statutory tribunals? ( A )

dismissal by an employee; B. Breach a contract;

C. recovery of possession proceedings by a landlord against a tenant; D. None of the above

of the following claims is not exclusive to the jurisdiction of county court? ( D )

A. recovery of possession proceedings by a landlord against a tenant;

B. actions in respect of consumer credit agreements;

C. claims for unlawful racial and sexual discrimination;

D. none of the above

automatically terminate ( C )

A. where the offeree communicates rejection of the offer; B. where the offeree makes acounter offer; C. Both A and B;

10. Thus contracts are ( A ) if created under threat to prosecute the contracting party, or

spouse or close relative.

A. voidable; B. void; C. valid;

11. Which one of the following contracts may not be in writing? ( D )

A. bills of exchange; B. contracts of marine insurance; C. contracts for the sale of land D.

None of above

12 For defamation there are the special defences, which one is not? ( D )

fication; B. fair comment C. privilege D. none 13. An extraordinary rainfall burst the banks of artificial lakes on the defendant’s property,

it was ( A ).

A. Act of god; B. Necessity C. Act of State D. none of above

14. Which one is not suitable for trading.( A )

A. the company limited by guarantee, B. the company limited by shares C. BOTH

15. A company may change its name voluntarily by ( A )

A. special resolution B. ordinary resolution C. any resolution D. no resolution

16. A claim for violation of a contract for damages no more than ￡800 should be heard in the

court of ( A ).

A. County court court

C. Migistrate court D. Crown court

17. A high court decision shall be appealed to the court of ( A ).

A. House of lords B. Court of appeal

C. Crown court D. European court of justice

18. The House of Lords shall be bound by precedents made by the court of ( C ).

A. High court B. Court of appeal

C. House of Lords D. Migistrate court

19. The U.S. Supreme Court consists of ( A ) judges.

A. Nine B. Seven

C. Eleven D. Three

20. When entering the shop, a customer slipped on a pool of oil on the shop floor injuring his back.

He has the right to sue in ( B ).

A. Contract B. Tort

C. Contract and tort D. Criminal prosecution

will the partnership profits be shared in absence of express agreement about it. ( A )

A. Equally shared B. In proportion to their actual investment

C. In proportion to their actual performance D. either B. or C.

22. You are continuously employed for 10 years, the minimum notice period for termination is

( B ).

A. Three weeks B. 10 weeks

C. Twelve weeks D. Six weeks

23. Which of the following may be classified as consumer contracts? ( B )

A. A motor dealer orders a dozen new cars from Benz.

B. A custmoer goes to a salon for a haircut.

C. A manufacturer buys a new car for one of its executives.

D. A postman sells his old TV to his neighbor.

24. Two sole traders commit a business fraud together whose object is to make money. Would this

mean that they are partners? ( B )

A. Yes, they have common prupose of making money.

B. No, their purpose is illegal.

C. No, they are independent sole traders.

D. No, they do not have partnership agreement.

25. Which of the following is not an advantage of a lmlited company? ( D )

A. A shareholder enjoys limited liability. B. A shareholder’s limited liability may be disregarded due to abuse.

C. A company may exist permanently.

D. A company must comply with certain formalities.

26. A contract which ‘purports to be made by or on behalf of a company at a time when thecompany has not been formed is _____. ( C )

A. void B. voidable C. effective D. none of the above

27. Nominal capital which has been allotted is described as ( A ).

A. issued capital B. unissued capital C. uncalled capital D. capital punishment

28. In issuing the shares,

the underwriting commission is limited to ______ of the issue priceor any lesser sum provided

by the Articles. ( B )

A. 15% B. 10 % C. 20% D. 5%

29. A company may not acquire its own shares for ( D )

A. a reduction of capital duly made;

B. the purchase of any shares in pursuance of an order of the court

C. forfeiture of shares or surrender in lieu under the articles for failure to pay any sumthereof

D. payment to the shareholder

30. Choses capable of negotiation are classified as negotiable instruments and include: ( D )

A. bills of exchange; B. treasury bills; C. bankers’ drafts; D. above all

31. Works within the scope of the UK copyright law include ( D )

A. literary works; B. dramatic works; C. musical works; D. all of the above

32. To which court could the loser appeal if it was heard in the county court? ( B )

A. High court B. Court of appeal

C. House of Lords D. Crown court

33. If common law and statutory law are in conflict on the same point, which law should

prevail? ( B )

A. Common law B. Statutary law

C. EU law D. Either A. or B. may be applied

34. The corporate property is owned by ( A ).

A. Company B. Shareholders

C. Employees D. Shareholders and employees

35. The perpetual succession of a company means that ( A ) .

A. The company may continue to exist indefinitely

B. The company’s shareholders may stay in the company permanently.

C. The company will never go into liquidation.

D. The company’s directors may stay in office permanently.

36. The concept of limited liability means that ( C ).

A. The company does not have to pay corporate debts.

B. The company enjoys the protection of limited liability.

C. The shareholders enjoy the benefits of limited liability.

D. The corporate liability is limited.

37. In absence of written partnership agreement, which of the following may be identified as

factual partnership? ( C )

A. Joint ownership of property B. Sharing of gross returns

C. Sharing of profits

D. Both B and C.

38. In partnership which of the following statement is true? ( B ).

A. All partners’ liability is unlimited

B. Part of the LP partners’ liability is limited.

C. All the LP partners’ liability is limited.

D. All LLP partners’ liability is limited.

39. Contractual terms may be implied by? ( A )

A. Trade practice B. Representation

C. The parties’ statement of opinion D. Express conditions

40. Which of the following is a contract for sale of goods? ( A )

A. A cheque which pays ￡20000 for a car.

B. A house for ￡40000.

C. The copyright in a song for a percentage of the royalties.

D. A car in exchange for a personal stereo.

41. Which of the following is unlikely to be by sample? ( A )

A. A householder orders a three-piece suite which he saw in a magazine.

B. A shop agrees to stock a range of new pencils.

C. A shopper orders a fitted carpet in style he saw in the shop.

D. A farmer sells 100 tons of potatoes to a supermakrket.

、判断题

obligations arise from many sources, of which the two main types are tortious andcontractual obligations ( T )

2.A bus stopping at a bus stop is an acceptance. ( F )

can NOT be revoked before acceptance. ( F )

offeror can, unless otherwise provided, presume the existence of a contract in the

absence of a rejection communicated by the offeree within a specified period. ( F )

invitation to submit a tender is an offer. ( F )

eration must be sufficient but need not be adequate.( T )

is presumed that agreements between family will give rise to legal relation. ( F )

cting the highway is public nuisance ( T )

9. A person can consent to an intentional act which would otherwise be tortuous. ( T )

10. Under the Limitation Act 1980 s.2 the general period of limitation for tort is 4 years from the date the cause of action accrues. ( F )

11. The partnership is not a separate legal person under the law. ( T )

12. Partnership is suitable for a person who merely wishes to invest money in a businesswithout incurring any further exposure to risk. ( F )

13. A subsidiary company may not ordinarily be a member of its holding company. ( T )

14. A minor can sue and be sued in tort, but must sue, as in contract, through an adult asnext

friend. ( T ) 15. Corporation are not liable for torts committed by employees acting within the ordinarycourse of their employment.( F )

16. All partners have a right to take part in the management of the business.( T )

17. The Memorandum covers the external aspects of the

company, while the Articles coverinternal regulation. ( T )

18. A company may change its name voluntarily by ordinary resolution. ( F )

19. The company must publish its name outside

every place of its business in easily legibleletters. ( T )

20. The registered office of the

company establishes the domicile/nationality of the company. (T )

21. Jane buys 500 ￡1 shares in a company which she and her friends have formed. Her maximum

potential loss is ￡500 if the company should fail. ( T)

22. A company can own property, make contracts in its own name but can not be found guilty of

crimes. ( F )

23. For many years a wholesaler has supplied a retailer with flower seeds, who have always

enjoyed good relations. A serious dispute has now arisen over the quality of the seeds delivered

last year. They eventually went to the court and retailer claimed ￡60000 damages. This case

should be handled by the high court. ( T )

24. An untrue statement of fact will be a misrepresentation even if it did not induce the other party

to make the contract. ( F )

25. Section 12 (1) of the Sales of Goods Act 1979 says that the seller must think that he has the

right to sell the goods. ( F )

26. Promoters are not entitled

to remuneration from the company and are personally liable forthe expenses of the promotion. ( T )

27. A contract which ‘purports to be made by or on behalf of a company at a time when thecompany has not been formed is void. ( F )

28. Persons dealing with a company can assume

that all acts of internal management have been properly carried out. ( T )

29. The fundamental rule on raising capital is that shares cannot be issued at a discount.

( T )

30. For public

companies, Shares can be issued in consideration of an undertaking to performfuture personal services. ( F )

31. A company

may issue shares for more than their nominal value where there is a readymarket for them. (

T )

32. The fundamental rule is that companies cannot acquire their own shares for value. (T)200

33. Companies can issue redeemable shares even if they do not

issue non-redeemable shares atthe time. ( F )

34. Public and private companies are prohibited from giving financial assistance to persons to

enable them to acquire shares in the company or in its holding company. ( T )

35. The principal freehold estate is the fee simple estate. ( T ) 36. On a sale of land, the contract between the vendor and the purchaser may not be in writing.

( F )

37. Postal orders and bills of lading are not negotiable instruments. ( T )

38. Brand loyalty leads to increased profit. ( T )

39. Marks cannot be registered if identical with an earlier trade mark covering identical goods or

services. ( T )

40. There is also no infringement of a trade mark by the use by a person of his/her own name or

address. ( T )

41. Arthur owns 500 ￡1 shares in a company which has gone into liquidation with heavy loss. He

has paid half of price of his shares. Limited liability means that he has to pay nothing towards the

corporate debts. ( F )

42. John goes into partnership with his friends and invests ￡500 in the business. His maximum

potential loss is ￡500. ( F )

43. Canada has two sets of parallel court system just like the US. Its legal profession is also

divided into solicitors and barristers. ( F )

44. As the supreme court of the UK, the precedents made by the House of Lords bind on all UK

courts including itself. It is not bound by decisions of other courts including the ECJ. ( F )

45. The violation of innominate terms may entitle the injured party to call the contract off and

claim damages, if its violation deprives substantially the whole benefits of the contract. ( T )

四、案例分析

Central London Property Trust Ltd v. High Trees House Ltd [1947] KB 130, during theSecond World War, the plaintiff (landlord) promised to accept 50 per cent of the full legalrent

owed by the defendant for a

block of flats when the defendant had difficultiesfinding tenants.

1)Could the plaintiff still require the defendant to pay 100% of the full legal rent? No

2)Was there a consideration for the plaintiff to promise to accept 50% of the full legal rent?

No, there isn’t.

3)Was the plaintiff’s promise effective? Yes, it is.

4)What doctrine had been formed in this case?

Promissory estoppels: a person who promises to waive or vary his/her legal rights undera pre-existing contract, will not be able to go back on his/her promise and enforce his/her full legal rights if the other party has acted in reliance on that promise.