[金融英語考試密押資料]金融英語中級法律模擬1

1、金融英語考試密押資料金融英語中級法律模擬1金融英語考試密押資料金融英語中級法律模擬1金融英語中級法律模擬1SECTION ONEQuestion 1 Answer all questions below. Do not write more than 20 words on each part of the question. Note form answers are acceptable. 問題:1. List any 5 illegal contracts strictly so called.答案:Commit a crime, a tort or a fraud on a third

2、 party; are sexually immoral; are prejudicial to the public safety; are prejudicial to the administration of justice; tend to promote corruption in public life; are designed to defraud the revenue; are prohibited by statute; tend to defraud or deceive a third party. 問題:2. Name 3 ways in which an off

3、er of a contract will expire.答案:By revocation of the offeror; By rejection of the offeree; By lapse of time of the offer. 問題:3. What is meant by past consideration?答案:An act as consideration was performed before any promise of reward is called past consideration; It is not a valid consideration. 問題:

4、4. What is meant by implied terms of a contract?答案:Terms which are not expressly set out in contract; But which are implied in fact or law or by custom. 問題:5. Name the types of actionable misrepresentation.答案:Fraudulent misrepresentation; Innocent or negligent misrepresentation. 問題:6. Name 2 equitab

5、le remedies at time ofbreach of contract by one party.答案:Specific performance; Injunction. 問題:7. What is an inchoate instrument?答案:An negotiable instrument which does not contain one or more elements required by law to constitute it.問題:8. Who is the drawee of a cheque?答案:A bank.問題:9. What type of in

6、dorsement is the following?Pay John on his delivery of documents of title to Hong Kong Bank. Signed: Wang答案:Conditional indorsement.問題:10. Is indirect injury a nuisance or trespass?答案:A nuisance.SECTION TWO Answer any four questions only. Each question carries equal marks. Note form answers are acce

7、ptable. Question 2 Answer all questions below. Read the following statements, state whether they am True (T) or False (F). If it is a false statement, try to rewrite a correct version to illustrate your answers. 問題:1. A prohibitory injunction orders the defendant to do something positive.答案:BA prohi

8、bitory injunction stops the defendant to do something positive.問題:2. The employer is vicariously liable for a tort committed by the employee acting in a course of employment.答案:A問題:3. A person can exclude or restrict his liability for personal injury resulting from negligence by express consent.答案:B

9、A person can not exclude or restrict his liability for personal injury resulting from negligence by express consent.問題:4. Personal property consists of all movable property except property recoverable and /or enforceable by taking an action.答案:BPersonal property consists of all movable property incl

10、udingproperty recoverable and /or enforceable by taking an action.問題:5. The mortgagor may, where he is in possession of the land, grant leases to third parties subject to any special agreement to the contrary.答案:A問題:6. The most extensive right allowed by the law of dealing with a thing to the exclus

11、ion of all others is called possession.答案:BThe most extensive right allowed by the law of dealing with a thing to the exclusion of all others is called ownership.問題:7. An indorser may negative or limit his liability of repayment to the holder by an express insertion to that effect.答案:A問題:8. A drawee

12、 of a bill of exchange has an obligation to pay the bill.答案:BA drawee of a bill of exchange has an obligation to pay the bill only when he becomes an acceptor. No person is liable to a bill if he has not signed it.問題:9. Certificates of deposits are not negotiable instruments.答案:BCertificates of depo

13、sits are negotiable instruments, providing they are in a deliverable state.問題:10. A bill of exchange which is drawn in favour of a fictitious or non-existing person is not valid.答案:BA bill of exchange which is drawn in favour of a fictitious or non-existing person is still valid, it may be, treated

14、as payable to bearer.問題:11. A cheque which reads Pay cash is a valid cheque.答案:BA cheque which reads Pay cash is not a valid cheque.問題:12. Minors are generally fully liable for their tortious actions.答案:AQuestion 3問題:1. (a)Define a promissory note.(b)State whether each of the following negotiable in

15、struments is valid. (i) A bill reads pay 1,000 out of money to be received by you from Mr. Gao. (ii) A bill of exchange reads pay 10,000, charge the same to the sale proceeds of 100 cartons of toys shipped per SS Mingzen. (iii) A bill of exchange which is stated as being payable on arrival of goods

16、at a specified port. (iv) Is a bill of exchange which is payable on a persons marriage valid? (v) A bill of exchange is drawn in favour of a minor, a person below the age of eighteen. (vi) A bill of exchange reads we hereby request you to pay on our account to the order of Gao1,000. (vii) A bill of

17、exchange reads pay to our order the sum of 5,000 in accordance with your undertaking authorized through Bank of Hongkong. (viii) Is a cheque which reads pay order valid? (ix) A promissory note reads I promise to pay on or before Dec 1st, 1998 Mr. Gao or order the sum of 10,000 only for value receive

18、d. Signed. (x) Is a promissory note which reads to be paid back in full by 1 July, 1988 valid? 答案:(a) A promissory note is defined as an unconditional promise in writing made by one person to another signed by the maker, engaging to pay, on demand or at a fixed or determinable future time, a sum cer

19、tain in money, to, or to the order of, a specified person or to bearer. (b) (i) Not valid (ii) Valid (iii) Not valid (iv) Not valid (v) Valid (vi) Not valid (vii) Not valid (viii) Valid (ix) Valid (x) Not valid Quesiton 4問題:1. Peter wants to buy a comer store. When negotiating in January, he was tol

20、d by David, the owner of the store that the business of the store was very good and the average net profit from the store was100,000 per month for the last year. However, in March, a supermarket opened near the store and the business at the store became very slow. Then a contract for the sale of the

21、 store was signed between them, all the time David didnt mention anything to Peter. Could Peter make a claim against David for misrepresentation. Advise Peter supported by cases. 答案:There are the factors that affect the validity of a contract, misrepresentation is one of them. A representation made

22、by one party to another to induce him to enter a contract must be a positive and true statement of some existing facts or past events, otherwise, it shall constitute a misrepresentation, which is misleading and induces other to enter into the contract, and may amount to invalidity of the contract. I

23、n With v.OFlanagan (1936), where the defendant, who wished to sell his practice, informed the plaintiff that the income from the practice was 2,000. Five months later when the contract was signed the income had fallen considerably due to the defendants illness and no mention of this fact was made to

24、 the plaintiff. The plaintiff claimed rescission of the contract. It was held that he could not rescind as there was misrepresentation. In Gordon v.Selico Co. Ltd.(1986), where a flat in a building which had been converted by a developer was taken by the plaintiff on a 99-year lease. Soon after he m

25、oved in, dry ret was discovered. It was held that deliberate concealment of the dry rot by the developer could amount to fraudulent misrepresentation, therefore, damages were awarded to the plaintiff. Its a general rule that mere silence does not normally amount to representation as well as misrepre

26、sentation, except in the case where a statement, true when it is made, subsequently becomes false before the conclusion of the contract. Here the prior representation concerning the income of the store stated by David has become untrue at the time the contract was signed, due to the opening of the s

27、upermarket. David, therefore, take the obligation to correct his former representation, and the silence here amounts to misrepresentation. Peter was induced by and relied on the misrepresentation and entered into the contract, thus he could make a claim against David for misrepresentation. Question

28、5問題:1. In January, 1992, Wang rented a house for three years at a monthly rent of 1,000. 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 W

29、ang insist on paying the half rent until expiration of the contract? Give reasons for your answer. 答案:It is a general rule in common law that a contractural promise is may legally binding if it is made in return for another promise or an act. Otherwise, the promisor shall not be bound by his promise

30、. Aiming to prevent unfair consequence due to withdrawing of the promise by promisor at some situations, the doctrine of equitable estoppel or promissory was developed: a promise made by the promisor intended to create legal relations and to be acted upon by the promisee, may be enforced by the prom

31、isee, despite that he gave no consideration for it, if in fact he relied upon it to his detriment. The promisor is prevented (estopped) from denying his promise. The court applies this doctrine only when the following has been proved: (i) he has altered his position by relying on the promise; and (i

32、i) his former position cannot be resumed. In Hirachand Punamchand v. Temple (1911), where the defendant was indebted to the plaintiff moneylenders. His father wrote to them offering to pay part of his sons debt in satisfaction of the whole, and enclosing a cheque for the sum offered. The plaintiff c

33、ashed the cheque, then sued the son for the balance. It was held that their claim failed, they must be deemed to have accepted the cheque in full satisfaction. (Other cases like: Central London Property Trust Ltd. v. High House Ltd., 1947; Ajayi v. Briscoe Ltd. 1964 are also accepted) If we apply th

34、ese principles to this problem, Wang had altered his position, not moving out by paying a sum of remedy for termination of their contract but to keep it due to relying on Jones promise of reducing to half of the rent, and this situation could not be resumed. Therefore, applying consideration hero wo

35、uld be unfair to Wang. Wang could apply for equitable remedy of the doctrine of estoppel, and only pay the half rent until the expiration of the contract. Question 6問題:1. Define an indorsement of bill of exchange. What are the types of liability of an indorser?答案:Indorsement is a signature, must be

36、the same with the transferors name as stated in the bill in order to operate as a negotiation, must comply with the following conditions, namely: (1) it must be written on the bill itself and signed by the indorser, the simple signature of the indorser on the bill without additional words, is suffic

37、ient; (2) it must be an indorsement of the entire bill. There are four types of indorsement: (i) a blank indorsement, which, no transferee is specified; (ii) a special indorsement, which spells out the name of transferee; (iii) a restrictive indorsement, which will prevent further negotiation of the

38、 bill; (iv) a conditional indorsement, which transfers ownership subject to a specified term or condition. Question 7問題:1. Write short notes on:(a) vicarious liability;(b) negligence.答案:(a) Vicarious liability is liability for the tort of another. The most common situation for vicarious is that the

39、company should be responsible for behaviors or actions of the employee or servant in the course of his/her employment. It is a type of strict liability, i.e. once the elements of the relationship have been established, the person to whom vicarious liability is fixed cannot avoid liability, by showing a complete absen