Aaron bought a bottle of a soft drink. He noticed a jagged piece of glass at the top of thebottle. Aaron decided to use a glass cutter to remove the jagged piece of glass and cut himselfvery badly.Damages awarded to him may be reduced because of which of the following?
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1 .The vast majority of contracts are “simple”.What is the meaning of the word “simple” in this context?
A The terms of the contract are set out in writing B The contract does not need to be in any particular form to be binding C The contract is not supported by consideration
2 .下列有关租赁合同当事人解除权的表述中,正确的有( )。
A 承租人未按照约定的方法或者租赁物的性质使用租赁物,致使租赁物受到损失的,出租人可以解除合同并要求赔偿损失 B 不定期租赁合同,只有出租人可以随时解除合同 C 承租人未经出租人同意转租的,出租人可以解除合同 D ...
3 .Which TWO statements have the meaning of the defence volenti non fit injuria?A There is a voluntary assumption of riskB There can be no injury to one who consentsC A person who causes injury must be held liableD Punishment should fit the violence of the injury caused
A 1 and 2 B 1 and 4 C 2 and 3 D 3 and 4
4 .Charles recently purchased some goods at an auction sale.Which of the following is correct?(1) The contract was concluded by the fall of the Auctioneer’s hammer.(2) The Auctioneer’s call for bids was an invitation to treat.(3) Once the bidding had started, the Auctioneer was unable to withdraw the goods from the sale.
A 1 only B 1 and 2 only C 2 and 3 only D All of the above
5 .甲公司(经批准有权经营行纪业务)受乙公司委托,为其购买某种产品。甲公司经考察后,与丙公司签订买卖合同,后丙公司违反合同约定的质量标准,以质量较差的该项产品交付,致使乙公司在以该产品为原料进行深加工时发生事故遭受财产损失10万元人民币。下列表述正确的有( )。
A 甲公司以自己名义与丙公司签订合同 B 对甲 C 乙公司的财产损失应由丙公司承担 D 乙公司的财产损失应由甲公司承担
7 .In which of the following is there a presumption that legal relations are intended?
A A promise by a father to make a gift to his son B A commercial transaction C A domestic arrangement
8 .经委托人同意转委托给第三人的委托事务,第三人因此接受委托人的直接指示处理委托事务产生的法律后果,受托人不再承担任何责任。( )
Y 对 N 错
9 .On 1 August Daniel sent a letter to Martin offering to sell Martin some steel. On 8 AugustDaniel sent a further letter revoking the offer. Martin received the original letter of offer on11 August and immediately posted his letter of acceptance. On 12 August Martin receivedthe letter of revocation.Is there a contract?
A Yes – Martin has accepted prior to receiving notice of the revocation B No – the revocation is effective from the date of posting C No – Martin’s acceptance is not valid until it reaches Daniel, after Daniel’s revocation D Yes – revocation of offers cannot be done by post
10 .Which TWO of the following statements regarding the defence of consent are true?(1) A defence of volenti non fit injuria will fail if the claimant had no choice other thanto consent to the risk.(2) A person who gets into a car with a drunken or inexperienced driver consents to therisk of injury during the journey.(3) A fireman injured as a result of a broken ladder during a fire rescue will not beviewed as giving free consent.(4) Consent and contributory negligence have so much in common that they areessentially the same defence and have the same effect if argued successfully by thedefendant.
A 1 and 2 B 1 and 3 C 2 and 4 D 3 and 4
