First, multiple-choice questions (30 small questions in this big question, 65438+ 0 points for each small question, * * * 30 points)
1, the following are the basic principles of contract law (a)
A, the principle of good faith B, the principle of cooperation C, the principle of economic rationality D, the principle of changing circumstances
Basic principles of contract law: 1, principle of freedom of contract. 2. The principle of good faith. The principle of legality. The principle of encouraging trading.
Principle of contract performance: (1) Principle of proper performance. (2) the principle of cooperative performance (3) the principle of economic rationality. (4) The principle of changed circumstances.
2. The parties to the contract owe each other debts, and the order of performance has been agreed. The party who performs the obligation later may refuse the performance request of the other party before the party who performs the obligation earlier fails to perform or when the performance is defective. This is called (a) in contract law.
A, first perform the right of defense b, at the same time perform the right of defense c, uneasy right of defense d, first perform the right of defense.
3, relativity is the main feature of the contract, the following does not belong to the scope of contract relativity is (b)
A, relativity of contract subject b, relativity of contract mode c, relativity of contract content d, relativity of contract rules.
4. Party A and Party B sign a contract, stipulating that Party A will pay within 10 days after Party B delivers the goods. The goods delivered by Party B do not meet the standards agreed in the contract and are rejected. If Party B demands payment from Party A on 10, Party A may exercise (b).
A, uneasy right of defense B, first right of defense C, first right of defense D At the same time, first right of defense
5, the parties agreed in the contract by a third person to perform the obligations to the creditor, when the third person fails to perform or perform defective, the main body of the liability for breach of contract to the creditor is (a).
A, the contract debtor B, the third party C, the contract debtor and the third party * * * bear joint and several liability D, the contract debtor and the third party bear joint and several liability.
6. Party A has a creditor's right of 6,543,800 yuan due to Party B, and Party A owes 800,000 yuan to Party C at the same time, which is due. At this time, Party A has no other property to repay to Party C, but in order to avoid this debt, Party A has not actively collected Party B's due creditor's rights ... Therefore, the following statement is correct (a).
Party A and Party C can sue Party B and Party C in their own names, and the claim amount is 6,543,800 yuan.
Party C and Party C may sue Party B in their own names or in the name of Party A, and Party D and Party C may apply for arbitration with Party B as the respondent.
7, in the creditor's subrogation litigation, the debtor's litigation position is (B).
A, defendant b, third party c and creditor d determined by the people's court.
8, in the creditor's right to cancel the lawsuit, once the debtor's behavior is revoked, the debtor's behavior is invalid from (c).
A, the date of the judgment of the people's court b, the date of the creditor's lawsuit.
C, the date of the debtor's act D, the date determined by the people's court.
9. The transfer contract under the contract commitment belongs to (b)
A, unilateral contract b, bilateral contract c, can be a unilateral contract or a bilateral contract d, determined by the parties through consultation.
10, the following statement about relative consent is correct (b)
A. Party A needs the consent of Party B before transferring its creditor's rights to Party C..
B, Party A shall transfer its debts to Party B to Party C with the consent of Party B.
Company C.A indicated to Bank B that it was willing to bear the debts owed by Company C to Bank B without the consent of Bank B..
D. Party A rents out Party B's house, and Party B sells the house to Party C during the lease period. If Party A needs to continue the lease, it must obtain the consent of Party C..
1 1, and (d) is in line with the contract transfer provisions in the following behaviors.
A, the famous actor A signed a TV drama shooting contract with Company B and transferred it to his younger brother.
Famous painters B and C, who are good at painting tigers, transferred the task of painting tigers to their disciples.
C. A famous scholar transferred the position of general communication consultant of an international activity to a colleague.
D. Joint-stock banks transfer their creditor's rights to their subsidiaries.
12. Company A signed a contract with Company B to transfer the debts of Bank A to Bank C to Company B, but Bank C did not agree that Company B should undertake the debts of Company A, and the debt undertaking contract was (C).
A, not established from the beginning b, changeable contract c, invalid contract d, valid contract
13, the following statement about the characteristics of the sales contract is incorrect (c)
A, the sales contract is a two-way contract; b, the sales contract is a paid contract; c, the sales contract is a practice contract.
D, unless otherwise stipulated by law or otherwise agreed by the parties, the sales contract is an informal contract.
14, the following are not the characteristics of the gift contract (a)
A. The gift contract is a bilateral contract. B. The gift contract is a unilateral contract.
C. The gift contract is a free contract D. The gift contract is a promise contract.
15. In the installment sales contract, one of the conditions for the seller to terminate the contract is that the amount paid by the buyer does not reach the full price (A).
A, 1/5 b, 1/4 c, 1/3 d and 1/2.
16, the nature of the right to terminate the contract belongs to (a)
A, right of formation B, right of claim C, right of defense D, right of change
17. The warehousing object of the warehousing contract is (b)
A, real estate b, movable property c, intellectual property d, securities
L8。 The subject matter delivered by the parties does not meet the quality requirements agreed in the contract, or the performance is defective, which means (c)
A. Refusal to perform B. Delaying performance C. Inappropriate performance D. Partial performance
19. Regarding the construction project contract, there are no special provisions in the contract law, and the applicable contract is (a).
A. contract b, sales contract c, technology contract d and entrustment contract
20. If the depositor fails to pay the safekeeping fee and other fees as agreed, the depositor shall enjoy the right (c) for the deposit.
A, mortgage b, pledge c, lien d, ownership
2 1. An electric vehicle company in Guangzhou entrusted a courier company to transport its samples to a town in Mudanjiang, Heilongjiang. After the courier company undertakes the sample transportation business, it first entrusts an airline to transport the sample to Harbin, then transports the sample to Mudanjiang by train, and finally damages the sample due to improper unloading when transporting the sample by car. In this case, the main bodies liable for compensation to the electric vehicle company are (C )A, automobile transportation company B, train company and automobile transportation company C, courier company D, courier company and automobile transportation company.
22, the following is not a written contract (C)
A, telegram b, telex c, telephone record d, e-mail
23, customers according to the provisions of the vending machine, put money into the machine, get goods from the vending machine. The forms of this sales contract are (B )A, oral form B, presumed form C, written form D and media form.
24, the following belongs to the category of technical service contract is (D)
A, contract b, construction contract c, technology transfer contract d, technical training contract
25, the following does not conform to the characteristics of the custody contract is (a)
A, agreed contract b, bilateral contract c, practical contract d, non-agreed contract
26, the following description of the legal nature of exemption is correct (D)
A, exemption is paid behavior b, exemption is conditional behavior c, exemption is bilateral behavior d, exemption is unilateral behavior.
27, the following items, is not suitable for escrow (b)
A, bicycles b, aquatic products c, cash d, wood
28, the following circumstances, the parties can't terminate the contract is (C)
1. The purpose of the contract cannot be achieved due to force majeure.
B. One party delays the performance of the principal debt and fails to perform it within a reasonable period after being urged.
The incomplete performance of one party does not affect the realization of the purpose of the contract.
D, before the expiration of the performance period, one party clearly stated or indicated by his own behavior that he would not perform the main debt.
29, the following does not belong to the characteristics of the power supply contract is (C)
A power supply contract is a continuous contract. B, power supply contract is a commitment contract.
C, power supply contract is a single contract d, power supply contract is a paid contract.
30, the following does not belong to the contract with extension conditions is (c)
A. If Wang's son is admitted to the university this year, the rental contract signed by Wang and Zhang will take effect.
If it rains tomorrow, the car rental contract signed by Chen and Ding will come into effect.
C. Lao Li said that if he died, his famous paintings would be owned by his grandson, with a delay.
D. If one of Party A's tests is successful, the joint venture contract signed by Party B and Party C will take effect.
Second, multiple-choice questions (this big topic ***5 small questions, each small question 2 points, *** 10 points)
3 1. A contract concluded for the benefit of a third party has the characteristics of (ACE).
1. The third party is not a party to the contract; B, the third party should have the capacity to act; C, there is no need to seek the opinions of the third party in advance; D the third party must be a close relative of the signatory; E rights can only be set for third parties.
32. The following contracts have pending validity.
A. contracts that a person with limited capacity for civil conduct cannot conclude independently according to law B. contracts that a person without capacity for civil conduct cannot conclude according to law
C. Contract concluded by the agent D. Contract concluded by the agent without obtaining the agency right in advance E. Contract without the right to dispose.
33, the following has the characteristics of practice contract is (ABC)
A. custody contract b, delivery contract c, use loan contract d, sales contract e, contract.
34, China's contract law embodies the specific provisions of the principle of encouraging transactions is (BCD)
A, strictly limit the compensation for breach of contract b, strictly distinguish between invalid contracts and revocable contracts c, strictly distinguish between the establishment and entry into force of contracts.
D, strictly limit the conditions for the termination of breach of contract e, strictly abide by the rules of offer acceptance.
35. In the following contract on entrusted technology development, the technical achievements entrusted for development are correct (BDE).
A. If you apply for a patent, the right to apply for a patent generally belongs to the R&D personnel who have agreed, and those who have not agreed belong to the R&D personnel.
Before delivering the research results to the entrusting party, the research developer shall not transfer the research results to a third party.
C, if you don't apply for a patent, only the research developer has the right to use, transfer and benefit from this technology, and all parties concerned have the right.
D if the research and development party obtains the patent right, the entrusting party has the right to exploit the patent for free.
E if the research and development party transfers the right to apply for a patent, the entrusting party shall have the preemptive right under the same conditions.
Three. Case multiple-choice questions (this topic is entitled ***3 small questions, with 2 points for each small question and 6 points for * * *). Only one of the four options listed in each small question meets the requirements of the topic. Please fill in the code in the brackets after the question. Wrong selection, multiple selection or no selection will not be scored.
A has an antique, and foreign antique collector B plans to buy it after hearing about it. After telephone contact, the two parties reached an intention to meet on 20 10 12 1 to discuss the goods. 2065438+001654381October 28th antiques were stolen, but Party A did not inform Party B about it. 65438+February 1, Party B arrived at Party A as scheduled, only to learn that the antique was stolen. Party B asked Party A to compensate his loss of 2500 yuan, and Party A refused.
36. Now that the subject matter has been lost, the contract status of Party A and Party B is (A).
A, not established b, established, not effective c, established and effective d, unable to execute.
37, in this case, failed to fulfill the obligation is (D)
A, payment obligation B, custody obligation C, collateral obligation D, notification obligation
38. Party B requires Party A to take responsibility, and Party A shall (c).
A, bear the liability for breach of contract; b, bear the liability for tort; c, bear the liability for fault in contracting; d, not bear the liability arising from accidents.
Four, short answer questions (this big topic ***3 small questions, each small question 8 points, ***24 points)
39. Briefly describe the meaning and content of illegality of invalid contracts.
A: The illegality of an invalid contract refers to the violation of mandatory provisions of laws and administrative regulations and social public interests. The content is as follows:
(1) violates the mandatory provisions of laws and administrative regulations; (2) violation of mandatory provisions, not arbitrary provisions;
(3) The content violates the public interest.
40. Briefly describe the legal characteristics of liquidated damages.
Answer: (1) The amount of liquidated damages shall be determined by both parties through prior agreement;
(2) The liquidated damages are a sum of money paid by both parties to the other party after one party breaches the contract;
(3) The payment of liquidated damages has nothing to do with performance;
(4) Paying liquidated damages is a form of liability for breach of contract.
4 1. Briefly describe the mitigation rules of damages.
A: After one party breaches the contract, the other party should take appropriate measures to prevent the loss from expanding; If appropriate measures are not taken to expand the losses, no compensation shall be claimed for the expanded losses. The reasonable expenses incurred by the parties to prevent the loss from expanding shall be borne by the breaching party.
Verb (abbreviation of verb) discusses the topic (big topic * * 1, score *** 15).
42. On the relationship between voluntary principle and statutory principle in contract law.
Six, case analysis (this big topic * * 1 small topic, *** 15 points)
43. In June, 2006, Company A and Company B of a city signed a supply and marketing contract for automobile fuel-saving agent. According to the contract, Company A will provide 5,000 fuel-saving machines to Company B at the end of 65,438+February of that year, with a unit price of 25 yuan and a total contract price of125,000 yuan. The delivery method is consignment, and 65438+ will be consigned to the station where Company B is located before the end of February of that year, otherwise. After receiving the goods, Company B shall pay the payment to Company A through the bank within 10 days. The contract also stipulates that if one party breaches the contract, it shall pay the other party a penalty of 10% of the value of the unfulfilled product.
After the contract was signed, Company B paid a deposit of 10000 yuan. In the same year, in June+10, 5438, Company B called Company A, claiming that the contract was changed from 5,000 to 2,500 due to the poor sales of automobile fuel economizer. Company A called Company A to say that the contract was terminated unilaterally. Company A proposed to confiscate the down payment of 1.25 million yuan, and at the same time demanded that Company B pay the liquidated damages of 1.25 million yuan. Company B thinks that the liability for breach of contract is too heavy and agrees to continue to perform the contract. However, because Company A did not contact the transportation company in time, it did not go through the consignment formalities until June 2, 2007. During the transportation through the mountain road, the goods were all damaged because of the heavy rain and were hit by falling rocks. Therefore, Company B proposes to terminate the performance of the contract and requires Company A to bear the liability for breach of contract.
Please answer the following questions according to the principles of contract law:
(1) In this case, if Company B insists on unilaterally dissolving the contract instead of continuing to perform it, can Company A require Company B to bear the liability for breach of contract before the contract performance period comes, and why?
A: Before the expiration of the contract, Company A may require Company B to bear the liability for breach of contract. According to the provisions of the Contract Law, if one party explicitly expresses or shows by his own behavior that he will not perform his contractual obligations, the other party may require him to bear the liability for breach of contract before the expiration of the performance period.
(2) Can Company A claim exemption on the grounds of force majeure after the goods are hit by falling rocks due to heavy rain? Why?
A: Company A cannot claim exemption on the grounds of force majeure. According to the provisions of the contract law, if the contract cannot be performed due to force majeure, the liability shall be exempted in part or in whole according to the influence of force majeure, unless otherwise stipulated by law. If force majeure occurs after the delay in performance, the parties concerned cannot be exempted from their responsibilities. In this case, because Company A failed to contact the transportation company in time, force majeure occurred in transit. Therefore, Company A cannot be exempted from its responsibilities.
(3) Can Company B ask Company A to pay liquidated damages and double the deposit? Why?
A: Company B can't ask Company A to pay liquidated damages and double the deposit. According to the provisions of the contract law, if the parties agree on both liquidated damages and deposit, when one party breaches the contract, the other party may choose to apply the terms of liquidated damages or deposit. Therefore, in this case, Company B can only choose between liquidated damages and deposit.