1. Party A and Party B entered into a contract, stipulating that Party A would supply 200 pieces of fox fur collars to Party B with a total price of 60,000 yuan, but the quality standard and grade of fox fur collars were not stipulated in the contract, and the samples were not sealed. Party A delivers the goods on schedule, and Party B pays the payment after acceptance. After the unsuccessful sale of 20 collars, B sued the court on the grounds that the product quality was unqualified, and his litigation agent claimed that the contract was invalid during the trial. In this case, which of the following statements is correct ()
The contract is not established without quality clauses.
The contract has no quality clause, so it is invalid.
This contract is valid, but Party A shall be liable for breach of contract.
D this contract is valid, and party a shall not be liable for breach of contract.
2. A man went fishing for three years and didn't come back. His wife sued the court and asked for a verdict to declare him missing. The court decided to declare A missing and appointed his wife as the guardian of A's property ... After the judgment was made, A's wife moved A's property to her husband's home for his use. If Party A's younger brother refuses to accept and applies to the court to change his guardian, he should take () as the defendant and apply the procedure of ().
A's wife, especially
A wife and her husband, especially.
C. a's wife, ordinary
The prosecutor's wife and her husband, ordinary
Geely, a China scholar, finished a product invention in France. 199265438+On February 3rd, Geely introduced his invention at the scientific and technological seminar held in the State Council, China. 1On June 6, 1993, Keith, an engineer from a research institute who attended the seminar, took this achievement as his own non-service invention and filed a patent application with the China Patent Office. 1On May 5, 993, Geely filed a patent application in France based on this achievement. 1On April 28th, 994, Geely Company filed a patent application with the Chinese Patent Office with the same achievement, made a written statement claiming priority, and submitted relevant documents. Which of the following views is correct about this case ()?
If a case is filed first, it enjoys the right to apply for a patent according to the principle of first application.
B Geely enjoys foreign priority, so the patent application belongs to Geely, and its filing date is1May 5, 993.
C Geely is from China and should not enjoy foreign priority, but Keith is not the real inventor, so the patent application right should belong to Geely, and its application date should be1April 28th, 994.
D Geely's invention has lost its novelty, and both parties' applications should be rejected.
On July 9, 2003, a company insured its production equipment with a full property insurance company for two years, with the insured amount of 800,000 yuan. On June 6th of the same year 10, the company insured the full property insurance of the equipment with insurance company B for two years, and the insurance amount was also 800,000 yuan. On May 10, 2004, the production equipment of this unit was damaged by an accidental fire, with a loss of 700,000 yuan. Party A and Party B understand the double insurance of this unit factory building. Which of the following should these two companies compensate this unit?
Company A shall compensate the unit according to its actual loss of 700,000 yuan.
Party B and Party A each compensate the unit for 700,000 yuan.
C party a and party b each compensate half of the actual loss, that is, each compensate 350,000 yuan.
D. Company B compensated the unit for a loss of 700,000 yuan.
5. Wang Lan, age 16, senior high school student. When his grandfather died, he stated in his will that he would buy a house for Wang Lan for 250,000 yuan, but he didn't specify who to buy it for. Wang Lan's father bought a commercial house with this 250,000 yuan in the name of Wang Lan. Which of the following statements is correct ().
Wang Lan's father is the legal representative.
B Wang Lan's father's agent belongs to the entrusted agent.
C Wang Lan's father's agent belongs to the designated agent.
D Wang Lan's father's agency belongs to unauthorized agency.
Reference answer
1:D
Analysis:
For the establishment and effectiveness of the contract, see Articles 12 and 15 of the Contract Law.
2:C
Analysis:
Article 195 of the Opinions on Civil Procedure stipulates: "If other interested parties of the missing person apply for a change of custody, the people's court shall inform them to take the originally designated detainee as the defendant and conduct the trial according to ordinary procedures." In this issue, A's younger brother is another interested party, and A's wife is the designated property custodian.
3:B
Analysis:
Article 29 of the Patent Law stipulates: "Within 12 months from the date when the applicant first filed an application for a patent for invention or utility model in a foreign country; Or within six months from the date when a foreign country first filed an application for a patent for design, and filed a patent application for the same subject in China, the foreign country may enjoy the priority according to the agreement signed with China or the international treaty to which * * * is a party, or according to the principle of mutual recognition of priority. If an applicant files a patent application with the patent administration department of the State Council for the same subject within 12 months from the date when he first filed an application for a patent for invention or utility model in China, he can enjoy priority. As Geely filed a patent application for this achievement in France on May 5, 1993, it can be seen that Geely enjoys foreign priority, so this question should choose B.
4:C
Analysis:
This topic involves the payment of insurance money when repeated insurance is applied. According to the second paragraph of Article 4 1 of the Insurance Law, if the sum of the insured amount of double insurance exceeds the insured value, the sum of the compensation amount of each insurer shall not exceed the insured value. Unless otherwise agreed in the contract, each insurer shall be liable for compensation in proportion to the insured amount. So, the choice of this question is C.
5:A
Analysis:
This topic involves the difference between legal agent, appointed agent and entrusted agent. Wang Lan is a minor, and his father is the legal representative of Wang Lan. Buying a house is a major legal act and should be represented by his legal agent. According to Article 64 of the General Principles of Civil Law, the choice of this question should be A.