第1题:
By writing out a contract and having both parties sign the contract you are () both parties involvled.
A: protecting
B: avoiding
C: offending
D: harming
第2题:
A、receipt of freight service
B、document of title
C、evidence of payment
D、contract between carrier and shipper
第3题:
In relation to the law of contract, distinguish between and explain the effect of:
(a) a term and a mere representation; (3 marks)
(b) express and implied terms, paying particular regard to the circumstances under which terms may be implied in contracts. (7 marks)
This question requires candidates to consider the law relating to terms in contracts. It specifically requires the candidates to distinguish between terms and mere representations and then to establish the difference between express and implied terms in contracts.
(a) As the parties to a contract will be bound to perform. any promise they have contracted to undertake, it is important to distinguish between such statements that will be considered part of the contract, i.e. terms, and those other pre-contractual statements which are not considered to be part of the contract, i.e. mere representations. The reason for distinguishing between them is that there are different legal remedies available if either statement turns out to be incorrect.
A representation is a statement that induces a contract but does not become a term of the contract. In practice it is sometimes difficult to distinguish between the two, but in attempting to do so the courts will focus on when the statement was made in relation to the eventual contract, the importance of the statement in relation to the contract and whether or not the party making the statement had specialist knowledge on which the other party relied (Oscar Chess v Williams (1957) and Dick
Bentley v Arnold Smith Motors (1965)).
(b) Express terms are statements actually made by one of the parties with the intention that they become part of the contract and
thus binding and enforceable through court action if necessary. It is this intention that distinguishes the contractual term from
the mere representation, which, although it may induce the contractual agreement, does not become a term of the contract.
Failure to comply with the former gives rise to an action for breach of contract, whilst failure to comply with the latter only gives rise to an action for misrepresentation.
Such express statements may be made by word of mouth or in writing as long as they are sufficiently clear for them to be enforceable. Thus in Scammel v Ouston (1941) Ouston had ordered a van from the claimant on the understanding that the balance of the purchase price was to be paid ‘on hire purchase terms over two years’. When Scammel failed to deliver the van Ouston sued for breach of contract without success, the court holding that the supposed terms of the contract were too
uncertain to be enforceable. There was no doubt that Ouston wanted the van on hire purchase but his difficulty was that
Scammel operated a range of hire purchase terms and the precise conditions of his proposed hire purchase agreement were
never sufficiently determined.
Implied terms, however, are not actually stated or expressly included in the contract, but are introduced into the contract by implication. In other words the exact meaning and thus the terms of the contract are inferred from its context. Implied terms can be divided into three types.
Terms implied by statute
In this instance a particular piece of legislation states that certain terms have to be taken as constituting part of an agreement, even where the contractual agreement between the parties is itself silent as to that particular provision. For example, under s.5 of the Partnership Act 1890, every member of an ordinary partnership has the implied power to bind the partnership in a contract within its usual sphere of business. That particular implied power can be removed or reduced by the partnership agreement and any such removal or reduction of authority would be effective as long as the other party was aware of it. Some implied terms, however, are completely prescriptive and cannot be removed.
Terms implied by custom or usage
An agreement may be subject to terms that are customarily found in such contracts within a particular market, trade or locality. Once again this is the case even where it is not actually specified by the parties. For example, in Hutton v Warren (1836), it was held that customary usage permitted a farm tenant to claim an allowance for seed and labour on quitting his tenancy. It should be noted, however, that custom cannot override the express terms of an agreement (Les Affreteurs Reunnis SA v Walford (1919)).
Terms implied by the courts Generally, it is a matter for the parties concerned to decide the terms of a contract, but on occasion the court will presume that the parties intended to include a term which is not expressly stated. They will do so where it is necessary to give business efficacy to the contract.
Whether a term may be implied can be decided on the basis of the officious bystander test. Imagine two parties, A and B, negotiating a contract, when a third party, C, interrupts to suggest a particular provision. A and B reply that that particular term is understood. In just such a way, the court will decide that a term should be implied into a contract.
In The Moorcock (1889), the appellants, owners of a wharf, contracted with the respondents to permit them to discharge their ship at the wharf. It was apparent to both parties that when the tide was out the ship would rest on the riverbed. When the tide was out, the ship sustained damage by settling on a ridge. It was held that there was an implied warranty in the contract that the place of anchorage should be safe for the ship. As a consequence, the ship owner was entitled to damages for breach of that term.
Alternatively the courts will imply certain terms into unspecific contracts where the parties have not reduced the general agreement into specific details. Thus in contracts of employment the courts have asserted the existence of implied terms to impose duties on both employers and employees, although such implied terms can be overridden by express contractual provision to the contrary.
第4题:
第5题:
________ means a document which evidences a contract of carriage by sea and the taking over or loading of the goods by the carrier, and by which the carrier undertakes to deliver the goods against surround of the document.
A.Bill of lading
B.Bill of exchange
C.Mate's receipt
D.Manifest
第6题:
听力原文:Under the documentary credit, banks are in no way concerned with the sales contract on which the credit may be based.
(3)
A.Banks will deal with the documentary credit along with the sales contract.
B.Banks take no care of the sales contract while dealing with the documentary credit.
C.Documentary credit and the sales contract are both important to banks.
D.Banks will care for either the documentary credit or the sales contract.
第7题:
A. FWSM routes traffic between the VLANs.
B. FWSM switches traffic between the VLANs.
C. Transparent mode is often called bump-in-the-wire mode.
D. Transparent mode firewall deployments are used most often in current designs.
E. Traffic routed between VLANs is subject to state tracking and other firewall configurable options.
第8题:
Customers trading abroad in foreign currencies may protect against the exchange risk by arranging ______.
A.a contract of international sale of goods
B.a contract of marine insurance
C.a forward contract to fix the exchange rate in advance
D.contract for the delivery of goods by installments
第9题:
材料:If,by reason of or in compliance with any such directions or recommendations,the vessel does not proceed to the port or ports named in the Bill of Lading or to which she may have been ordered pursuant thereto,the Vessel may proceed to any port as directed or recommended or to any safe port which the Owners in their discretion may decide on and there discharge the cargo.Such discharge shall be deemed to be due fulfillment of the contract of affreightment and the Owners shall be entitled to freight as if discharge had been effected at the port or ports named in the Bill of Lading or to which the Vessel may have been ordered pursuant thereto.
问题:If the vessel does not, under the directions of the Charterer, proceed to the port or ports named in the Bill of Lading or to which she may have been ordered pursuant thereto to, she may proceed to all the following ports except ______ .
A.any port as directed
B.any port as recommended
C.any safe port which the Owners in their discretion may decide on
D.the port or ports of origin
At the substituted port, the carrier is entitled to ______ freight if he had dilivered full cargo there.A.full freight
B.half freight
C.no freight
D.reasonable freight
The contract of affreightment is referred to ______ .A.a contract of carriage by which the carrier is entitled to carry certain amount of cargo in a specified time by any vessel or vessels either belonging to himself or to others
B.a contract of carriage, such as Gencon
C.a contract of trade
D.a contract of sales
This is a ______ .A.a clause of a contract
B.an explanation of a clause in a contract
C.a requirement from a government
D.an article of an international convention
请帮忙给出每个问题的正确答案和分析,谢谢!
第10题: