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1、暨 南 大 学 考 试 试 卷一、Best choice（10 questions，2 marks/question ，totalling 20 marks）1. A claim for violation of a contract for damages no more than 800 should be heard in the court of ( a ). (a) County court (b) High court (c) Migistrate court (d) Crown court 2. A high court decision shall be appealed to
2、 the court of ( b ).(a) House of lords (b) Court of appeal (c) Crown court (d) European court of justice3. 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 court4. The U.S. Supreme Court consists of ( a ) j
3、udges. (a) Nine (b) Seven (c) Eleven (d) Three5. When entering the shop, a customer silpped 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 prosecution6.How will the partnership profits be shared in abse
4、nce 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) 7. You are continuously employed for 10 years, the minimum notice period for termniation is ( b ). (a) Three weeks (b) 10 weeks 课
5、程类别必修 选修 考试方式开卷 闭卷 教师填写2006 2007 学年 2 学期课程名称：英美商法授课教师姓名：朱义坤 考试时间 2007 年 7 月 18 日试卷类别(A 、B) A 共 页考生填写学院(校 ) 专业 班(级)姓名 学号 内招 外招 题 号 一 二 三 四 五 六 七 八 九 十 总 分得 分(c) Twelve weeks (d) Six weeks8. Which of the following may be classified as consumer contracts? ( b )(a) A motor dealer orders a dozen new cars
6、 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. 9. Two sole traders commit a business fraud together whose object is to make money. Would this mean that they are partners? ( b )(a) Ye
7、s, 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. 10. Which of the following is not an advantage of a lmlited company? ( d )(a) A shareholder enjoys limited liability.(b) A sharehol
8、ders limited liability may be disregarded due to abuse. (c) A company may exist permanently. (d) A company must comply with certain formalities. 二、Multiple choice（5 questions，4 marks/question，totalling 20 marks）1. Which of the following belongs to EU law? ( abd )(a) EU directives (b) EU regulations(
9、c) EU recommendations (d) EU decisions2. A contract shall have the following elements. ( abcd )(a) Consideration (b) Intention to create legal relations(c) Proper form (d) Competent parties3. At a self-service petro station, which of the following exclusion would be a part of the contract? ( ab )(a)
10、 It is displayed a the entrance to the petro station.(b) It is displayed on the petrol pump.(c) It is displayed above the till. (d) Both (b) and (c). 4. To establish the tort of negligence, what things must the plaintiff prove? ( abcd )(a) The defendant owed him a duty of care.(b) The defendant viol
11、ated that duty.(c) The foreseeable damages flowed from such violation. (d) The foregoing three things must be proved. 5. X, owning 75% of the corporate shares, is not a corporate director. Can he do the following? ( cd )(a) He may buy a car on behalf of the company.(b) He may enter into contract on
12、behalf of the company.(c) He may vote on the AGM and EGM.(d) He may sue the directors if his rights are infringed by them. 三、Mark true or false for the following statements （5 questions，3 marks/question，totalling 15 marks）1. Jane buys 500 1 shares in a company which she and her friends have formed.
13、Her maximum potential loss is 500 if the company should fail. ( True )2. A company can own property, make contracts in its own name but can not be found guilty of crimes. ( False ) 3. For many years a wholesaler has supplied a retailer with flower seeds, who have always enjoyed good relations. A ser
14、ious 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. ( True ) 4. An untrue statement of fact will be a misrepresentation even if it did not induce the other party to make the contract. ( False ) 5. 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. ( False ) 四、Answ
