曼斐儿

2005
SECTION 1 COMPULSORY
Question 1 (20marks, 4marks each)
a. What is the meaning of an “offer”?
b. List 5 common remedies for breach of contract.
c. What is a bill payable on demand?
d. What is a trespass to land under the law of tort? Give two examples.
e. What is a mortgage?
SECTION2 OPTIONAL
Question2
a. How is a voidable contract distinguished from a void contract and why
such distinction is important when the interests of a third party are involved?
(12marks)
b. State two vitiating factors which make a contract voidable. (4marks)
uestion3
a. Explain the difference between a condition and a warranty (8marks)
b. 一歌手与星公司签合同开演唱会，合同要求歌手演唱会前四天报到并进行
彩排，实际上歌手前两天才到达。问公司可否以违反合同为由撤销合同，为什
么。(8marks)
Question 4
a. What is the effect of crossing a cheque? (4marks)
b. Explain the consequences of each of the crossed cheque:
1. date is omitted (4 marks)
2. bearing the words “not negotiable” (4 marks)
3. with the words “A/C payee only” (4 marks)
Question 7
a. What are the significant elements to establish negligence? (6 marks)
b. What is the meaning of vicarious liability? Give two examples. (6 marks)
c. What are the two requirements to satisfy an employer vicariously liable for
the tort of his employee? (4marks)
Question 8
Explain the difference between a legal mortgage and an equitable mortgage?
(16 marks)
setion 5
Ａ先生雇佣ｂ做临时工，ｂ偷了ａ的支票，伪造签名，支付ｃ。ａ通知银行
止付。
（１）c 能否起诉ａ？sue a for payment of the cheque
(2)如果银行在接到ａ的通知以前已经支付支票，是否承担责任？
section 6
是一道关于ｐｒｏｐｅｒｔｙ的，实在是想不起来，这部分不是我的复习重