promotes国际商法复习思考题

2021年1月20日发(作者：admittedly)
Review question for chapter one

I.

Judge whether the following statements are true or false.
1. At present, there is no uniform code on international business so national business law of
some countries will be used to regulate international business relationship and deal with some
international business disputes.






(




)
2. The French Civil Code of 1804 and the German Civil Code of 1896 are now regarded as
the very basis of the modern common law.

(





)
3. The Civil Law System is the legal system of England and countries that were once English
Colonies. It is based on court- made rules or precedents.


(





)
4. Anglo-American Law System is derived from Roman and Germanic practice and set out in
national codes.





(






)

II.

Give brief definitions of the following terms.
1.

international business law


2.

international trade customs and usages


3.

common law


4.

civil law



III.

p
ut the following terms into English
1.

大陆法系



2.

英美法系



3.

法的渊源



4.

国法大全



5.

法国民法典



1

6.

德国民法典




IV.

Answer the following question.
1.

What are the sources of International Business Law?






















2

Review questions for chapter two
I.

Judge whether the following statements are true or false.
be legally sufficient, consideration must involve a legal detriment to the promise----- doing
(or refraining from doing) something that one had no prior legal duty to do(or refrain from doing)

or a legal benefit to the promsior
。





（









）


2. Consideration is not legally sufficient if one is either by law or by contract under a preexisting
duty to perform the action being offered as consideration for a new contract.




(







)

3.
The
contracting
party
who
makes
a
promise
is
known
as
the
promise;
the
one
to
whom
the
promise is made is the promisor.











(









)

4. Goods bought for personal use are included under CISG.


(









)

5. The difference between the two types of undue influence actions consists in the onus of proof. If
the defendant occupied a legally recognized position of authority of influence, the plaintiff must
satisfy the onus of proof by showing that he or she was dominated by the defendant and did not
understand the contract; if the defendant did not occupy a legally recognized position of authority
of influence, the onus of proof is on the defendant.

6.
Making
statements
without
sufficient
information
to
believe
they
are
true
is
sufficient
to
constitute fraud.

7. According the French Civil Code, the coerced party has the right to rescind the contract, and
also modify the contract and claim damages.



idea that a contract is a voluntary agreement between the parties is the basis of contract law.

II.

Give brief definitions of the following terms.
1.

consideration




2.

material fact




3.

duress



3


4.

fraud




5.

choice-of-law clause




6.

common mistake





III.

put the following terms into English
1.

允诺的禁止反言



2.

口头证据规则



3.

欺诈行为法



4.

自始无效



5.

缔约能力



6.

重大误解



7.

显失公平



8.

违反法律的合同



9.

举证责任


4


10.

营业地




IV.

Answer the following question.
e
the
differences
and
similarities
among
“
fraudulent
misrepresentation
”
,
”
innocent
misrepresentation
”
and
“
negligent misrepresentation
”
.







the common law ,what are the essential elements of a valid contract?







returns home from work to discover his house surrounded by police. His wife is being held
hostage and threatened by her pleads with the police to rescue her and offers $$5000 to
the policeman who brings her wife uninjured to safety. A police officer, Peter, eventually talks the
captor into releasing the woman hostage and he leads the woman to safety. When Peter goes to
collect
his
$$5000,Stan
says,
”
Thank
you
very
much
but
I
have
no
intention
of
paying.
”

Would
Peter succeed in a court action against Stan?







, whose place of business is in State A
，
and Buyer, whose place of business is in State B,
enter
into
a
contract
that
stipulates
that
the
CISG
applies.
Neither
State
A
nor
State
B
is
a
contracting state. Does the convention apply?





5



5. Briefly describe the general rules on consideration.































6