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Seafood Co and Family Mart entered into a sales co...

Seafood Co and Family Mart entered into a sales contract for a shipment of 10,000 packages of tinned food. The sales contract stipulated that Seafood Co was responsible for delivering the goods to Family Mart’s place of business, and an amount of RMB 50,000 yuan was agreed upon to be liquidated damages for breach of contract.

After the conclusion of the contract, Seafood Co entrusted Links Logistics Co to carry the goods to Family Mart. However, Links Logistics Co only shipped 5,000 packages to Family Mart on time. During transportation of the rest of the goods, 1,000 packages got wet in the heavy rain and arrived at Family Mart’s place of business 10 days late. Required: In accordance with the Contract Law of China:

(a) Explain whether Family Mart was entitled to refuse to accept all the 10,000 packages of goods. (2 marks)

(b) Explain whether Seafood Co could be exempted from liabilities caused by Link Logistics Co in the process of transportation. (2 marks)

(c) Explain whether Family Mart was entitled to claim the RMB 50,000 yuan liquidated damages. (2 marks)

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第1题

Seafood Co and Family Mart entered into a sales contract for a shipment of 10,000 packages of tinned food. The sales contract stipulated that Seafood Co was responsible for delivering the goods to Family Mart’s place of business, and an amount of RMB 50,000 yuan was agreed upon to be liquidated damages for breach of contract.

After the conclusion of the contract, Seafood Co entrusted Links Logistics Co to carry the goods to Family Mart. However, Links Logistics Co only shipped 5,000 packages to Family Mart on time. During transportation of the rest of the goods, 1,000 packages got wet in the heavy rain and arrived at Family Mart’s place of business 10 days late. Required: In accordance with the Contract Law of China:

(a) Explain whether Family Mart was entitled to refuse to accept all the 10,000 packages of goods. (2 marks)

(b) Explain whether Seafood Co could be exempted from liabilities caused by Link Logistics Co in the process of transportation. (2 marks)

(c) Explain whether Family Mart was entitled to claim the RMB 50,000 yuan liquidated damages. (2 marks)

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第2题

In January 2008 Arti entered in a contractual agreement with Bee Ltd to write a study manual for an international accountancy body’s award. The manual was to cover the period from September 2008 till June 2009, and it was a term of the contract that the text be supplied by 30 June 2008 so that it could be printed in time for September. By 30 May, Arti had not yet started on the text and indeed he had written to Bee Ltd stating that he was too busy to write the text.

Bee Ltd was extremely perturbed by the news, especially as it had acquired the contract to supply all of the

accountancy body’s study manuals and had already incurred extensive preliminary expenses in relation to the publication of the new manual.

Required:

In the context of the law of contract, advise Bee Ltd whether they can take any action against Arti.

(10 marks)

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第3题

When a single entity makes purchases or sales in a foreign currency, it will be necessary to translate the transactions into its functional currency before the transactions can be included in its financial records.

In accordance with IAS 21 The Effect of Changes in Foreign Currency Exchange Rates, which of the following foreign currency exchange rates may be used to translate the foreign currency purchases and sales?

(1)The rate which existed on the day that the purchase or sale took place

(2)The rate which existed at the beginning of the accounting period

(3)An average rate for the year, provided there have been no significant fluctuations throughout the year

(4)The rate which existed at the end of the accounting period

A、(2)and (4)

B、(1)only

C、(3)only

D、(1)and (3)

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第4题

ABC Co. Ltd.

Gentlemen,

We are sure that you would be interested in the new "Changling" Vacuum Cleaner which is to be placed on the market soon. Most of the good points of the earlier types have been incorporated into this machine which possesses, besides, several novel features which have been perfected by years of scientific research.

You will find that a special mechanical device enables it to run on slightly more than half the current required by machines of equal capability. Further, most of the working parts are readily interchangeable and, in the event of their being damaged, they are thus easy to replace.

The special advantages it offers will make it a quick-selling line, and we are also ready to cooperate with you, by launching a national advertising campaign. Moreover, we are ready to assist to the extent of half the cost of any local advertising.

Bearing in mind the rapid turnover which is likely to result, you will agree that the 5 per cent commission we are prepared to offer you is extremely generous.

You will find enclosed instructions describing this vacuum cleaner and we look forward to your agreeing to handle our product as the sole agent in your district.

Yours faithfully,

(Signature)

XYZ Industrial Company LTD

What is the purpose of this letter?

To ask ABC Co. Ltd., whether they would like to act ______.

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第5题

听力原文:The Internet is regarded by many as the flagship of global English. According to a recent survey, English is the medium for more than 80% of the information stored in the world's computers. In many countries, computers have become extensively networked and the networks themselves linked into the global structure of the Internet. The electronic media, such as the Internet, that bind the world together need a common standard to insure speed and proficiency. So the English language becomes the operating standard for global communication. But is it true that the Internet will remain a major driver of the English language? At present, the language most widely used is English. But this only reflects the fact in the last century, i.e. 90% of the world's computers connected to the Internet are based in English-speaking countries. I think in the 21 st century, the overall shift in Internet use will be similar to that outlined for the economy and the number of computer hosts in Asia will eventually outstrip those in English-speaking countries. Furthermore, the Internet, which used to be a tool for international communication between a global academic elite, has been increasingly serving local, cultural, commercial and educational purposes. And as the Internet becomes more and more widely used, it is natural to expect that a wider range of languages will be employed.

Nowadays, Internet users may have a choice of "language preference" information when they contact a website. If a page is available in that language, it can be retrieved in preference to one in English. This means, for example, that the Web will appear to be in Spanish to a Spanish speaker and in Chinese to a Chinese speaker, provided, of course, the hosts contacted maintain pages in these languages.

What is considered to be the operating standard for global communication?

A.The Internet.

B.The English language.

C.The networked computer.

D.The electronic media.

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第6题

In an extended family, all the people share one household. Apart from parents and children,there may be other family members:grandparents, aunts, uncles, cousins, etc.'That is to say,a large family may have more than two generations, and of ten there are more than two adults from different generations of a family.

The family members live together for many reasons. They may help to bring up children or to take care of an ill relative. They may also help with saving money. Sometimes children are brought up by their grandparents, for their parents have died or can never take care of them. Many grandparents look after the children, particularly when both parents are busy working.This large family is called extended family.It can be found all over the world. The number of these families has increased by 40 percent in the past ten years. Most of such families live happily together.(判断)

l.In an extended family, people live in different houses.

2.An extend family includes at least three generations.

3.In an extended family, chi ldren are looked after by their grandparents because their parentsare traveling around.

4.Extended families can be found all over the world.

5.Children can live happily with their parents and grandparents.

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第7题

听力原文: The subjects studied in an American university generally cover a very wide field. In his first year (when he is called a "freshman") and his second year (as a "sophomore") a student must usually follow courses in a very wide range of subjects in the arts and sciences, including some courses which are compulsory for all students. In his third ( "junior" ) year and his fourth year ( as a "senior" ) a student may specialize in his main subjects, and he may follow courses of vocational interest. There may, for example, be a Course in poultry marketing and even another in advanced poultry marketing.

In a big university there may be several thousand students taking a compulsory course at the same time. There are various ways of dealing with such a course: we may take as an illustration a sociology course, with say 3,000 students. The students would be divided into about eighty separate classes, each meeting three times a week. There might be a single textbook provided for all the students following the course; or, instead of an ordinary textbook, a specially printed course-book prepared by a committee of the teachers. In preparation for each meeting of the class the teacher might ask the students to read five or ten pages, in order to discuss them and thus find out how well the students had done their work. This is only an example of one method followed: some universities make use of closed-circuit television techniques, including two-way devices, which enable students to put questions to a lecturer in another room. A Maximum of discussion, rather than formal teaching, is widely accepted as an ideal to be aimed at, even amid the difficulties imposed by the great numbers of students involved.

What's a student in his second year called.?

A.Senior.

B.Sophomore.

C.Freshman.

D.Junior.

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第8题

The dichotomy postulated by many between morality and interests, between idealism and realism, is one of the standard clichēs of the ongoing debate over international affairs.

A.division into two parts

B.combination of two parts

C.disparity

D.contradiction

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