Part 2 Property Rights
1. Overview of Property Rights
(1) Concept and Characteristics of Property Rights
(2) The object of property rights - things
1. The concept of things and their legal characteristics
2. Classification of things and their significance
(3) Classification of property rights
1. Ownership
2. Other property rights
(1) Usufruct rights
(2) Security rights
(4) Basic principles of property law
1． The principle of equal protection
2. Principle of legal property rights
3. Principle of public disclosure and trust
(5) Changes in property rights
1. The concept of property rights change
2. Types of changes in property rights
(1) Methods of publicizing changes in real property rights
(2) Methods of publicizing changes in property rights in movables
II. Ownership
(1) Overview of ownership
1. The concept and characteristics of ownership
2. Power of ownership
(1) Possession
(2) Use
(3) Income
(4) Disposal
(2) Acquisition and loss of ownership
1. Acquisition of ownership
(1) Original acquisition of ownership
(2) Successive acquisition of ownership
2. Loss of ownership
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(3) ***Yes
1. ***Some concepts and characteristics
2. ***Types of ***
(1)*** by portion
(2)***Same as***
3. ***Management and division of owned property
(4) Adjacent relationship
1. The concept and characteristics of adjacent relationships
2. Types of adjacent relationships
3. Principles for handling adjacent relationships
3. Usufruct rights
(1) Land contract management rights
1. The concept and characteristics of land contract management rights
2. The main contents of land contract management rights
(2) Construction land use rights
1. The concept and characteristics of construction land use rights
2. Transfer of construction land use rights
3. Exercising the right to use construction land
(3) The right to use homestead land
1. The concept of homestead use rights
2. Acquisition and exercise of homestead use rights
(4) Easement
1. The concept and characteristics of easements
2. The main contents of the easement
3. Exercise and extinguishment of easements
IV. Security rights
(1) Mortgage rights
1. The concept of mortgage rights
2. Characteristics of mortgage rights
3. Establishment of mortgage rights
4. Realization of mortgage rights
5. Rights and obligations of the mortgagor and the mortgagee
(2) Pledge
1. The concept of pledge
2. Characteristics of pledge rights
3. Establishment of pledge rights
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4. Realization of pledge rights
5. Rights and Obligations of the Pledgor and the Pledgee
(3) Lien
1. The concept of lien
2. Characteristics of liens
3. Establishment of lien
4. Realization of lien
5. Rights and Obligations of Lienholders and Debtors
Part Three Claims
1. Overview of Debt
(1) Concept and Characteristics of Debt
(2) Classification of debt
1. Obligations by will and obligations by law
2.
Debts for specific things and debts for kinds of things
3. The debt of simplicity and the debt of choice
4. Share debts and joint debts
5. The debt of one and the debt of the many
6. Principal debt and subordinate debt
(3) Main causes of debt
1. Contract (see "Contract Law")
2. Tort (see "Civil Liability")
3. Unjust enrichment
(1) The concept of unjust enrichment
(2) Components of unjust enrichment
(3) Treatment of debts of unjust enrichment
4. Cause-free management
(1) The concept of cause-free management
(2) The components of cause-free management
(3) The debt of cause-free management Handling
(4) Debt guarantee
1. The concept and characteristics of debt guarantee
2. The debt guarantee methods stipulated in my country's "Guarantee Law"
(1) Guarantee
①The concept of guarantee
②The effective conditions of guarantee
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③Method of guarantee
④Effectiveness of guarantee
(2) Mortgage (see "Security Rights")
(3) Pledge (see "Security Rights")
(4) Lien (see "Security Rights")
(5) Deposit
①The concept of deposit
②Types of deposit
③Effectiveness of deposit
II. General Introduction to Contract Law
(1) Contract Overview of the Law
1. The concept and characteristics of contract
2. Classification of contracts
(1) Single-service contract and double-service contract
(2) Named contract and unnamed contract
(3) Commitment contract and practice Contracts
(4) Required contracts and non-required contracts
(5) Contracts made for one’s own benefit and contracts made for the benefit of a third party
(6) Main contract and subordinate contract
3. Scope of application of my country's "Contract Law"
(2) Establishment of contract
1. Requirements for establishing a contract
2. Offer
3. Commitment
4. The time and place when the contract is established
5. Liability for contractual negligence
(1) Concept
(2) Requirements
(3) Applicable circumstances
(4) Form of liability
(3) Validity of the contract
1. Effectiveness of the contract
(1) The difference between the effectiveness of the contract and the establishment of the contract
(2) Requirements for the validity of the contract (see "Requirements for the Effectiveness of Civil Legal Acts")
2. Contracts whose validity is yet to be determined
(1) Concepts and characteristics of contracts whose validity is yet to be determined
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(2) Situations of contracts whose validity is yet to be determined
3． Invalid Contract
(1) Concept and Characteristics of Invalid Contract
(2) Situations of Invalid Contract
4. Cancellable Contract
(1) Concept and Characteristics of Cancellable Contract
(2) Situations of Cancellable Contract
(3) Exercise of the Right of Cancellation
5． Legal consequences if the contract is confirmed to be invalid or revoked
(4) Content and form of the contract
1. Terms of the contract
(1) Indicative clauses
(2) Format clauses
(3) Disclaimer clauses
2. Form of contract
(5) Performance of contract
1. Principles of contract performance
2. Rules for contract performance
3. The right of defense in the performance of a bilateral contract
(1) The concept, establishment requirements, exercise and effectiveness of the defense right of simultaneous performance
(2) The concept and establishment requirements of the defense right of subsequent performance , exercise and effectiveness
(3) Concept of the right to defend against insecurity
, establishment requirements, exercise and effectiveness
(6) Preservation of contract
1. The concept and characteristics of contract preservation
2. Methods of contract preservation
(1) The concept, establishment conditions, exercise and effectiveness of the creditor’s right of subrogation
(2) The concept, establishment conditions, exercise and effectiveness of the creditor’s right of revocation
(7) Change and transfer of contract
1. The concept, content and effect of contract changes
2. Transfer of Contract
(1) Conditions and Effectiveness of Transfer of Contract Rights
(2) Conditions and Effect of Transfer of Contract Obligations
(3) Contract Rights and Obligations Summary of the concepts and types of transfer
(8) Termination of contract
1. The concept and types of contract termination
2. Conditions for rescission of contract
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3. The exercise of the right to terminate the contract and the effect of contract termination
(9) Termination of the contract
1. The concept and consequences of liquidation
2. The concept, legal conditions and consequences of set-off
3. The concept, legal reasons and consequences of withdrawal
4. The concept and consequences of exemption
5. Concepts and Consequences of Confusion
3. Discussing Contract Law
(1) Sales Contract
1. The concept and characteristics of sales contract
2. The main obligations of the seller and the buyer
3. Rules for transfer of ownership of subject property
4. Rules on the risk burden of the subject matter
(2) Donation contract
1. The concept and characteristics of gift contract
2. The main obligations of the donor
3. Types of revocation of gift contract
(3) Lease contract
1. The concept and characteristics of a lease contract
2. The main obligations of the lessor and the lessee
(4) Undertaking contract
1. The concept and characteristics of undertaking contracts
2. The main obligations of the contractor and the client
(5) Custody contract
1. The concept and characteristics of custody contract
2. The main obligations of the custodian and the depositor
(6) Entrustment contract
1. The concept and characteristics of entrustment contract
2. The main obligations of the principal and the trustee
Part 4 Personal Rights
1. Overview of Personal Rights
(1) Concept and Characteristics of Personal Rights
(2) Classification of personal rights
1. Personal rights
2. Identity rights
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2. Types of personality rights
1. The concept and content of the right to life and health
2. The concept and content of name rights (name rights)
3. The concept and content of portrait rights
4. The concept and content of reputation right
5. The concept and content of privacy
6. The concept and content of the right of honor
Part 5 Intellectual Property
1. Overview of Intellectual Property
(1) The Concept and Characteristics of Intellectual Property
(2) Classification of intellectual property rights
1. Copyright and Industrial Property
2. The right to creative intellectual achievements and the right to industrial and commercial marks
(3) Objects of intellectual property protection
2. Copyright
(1) The concept of copyright
(2) Acquisition of copyright
1. Substantive conditions for obtaining copyright
(1) Concept of works
(2) Classification of works
2. Procedural conditions for obtaining copyright
3. Objects not protected by copyright law
(1) Circumstances
(2) Reasons
(3) Subject of copyright
1 ． Authors and copyright holders
2. of special types of works
Copyright ownership
(4) Copyright content
1. Personal rights of copyright
2. Copyright property rights
(5) Exercise and restrictions of copyright
1. How to exercise copyright
2. Restrictions on copyright
(1) Copyright protection period
(2) Fair use
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(3) Legally permitted use
(4) Compulsory licensing
(6) Neighboring rights
1. The concept of neighboring rights
2. Types and contents of neighboring rights
(7) Protection of copyright
1. Copyright infringement
2. Legal liability for copyright infringement
3. Patent rights
(1) Overview of patent rights and patent law
(2) Objects of patent rights
p>1． Invention
2. Utility model
3. Design
(3) Conditions for granting patent rights
1. Substantive conditions for granting patent rights
(1) Novelty, creativity and practicality of inventions and utility models
(2) Conditions for patent protection of designs
2. Procedural conditions for granting patent rights
(4) Objects and reasons for not granting patent rights
(5) Contents of patent rights
(6) Patents Exercise and limitations of rights
1. How to exercise patent rights
2. The term of protection of patent rights
3. It is not considered an infringement of patent rights
(7) Protection of patent rights
1. Scope of protection of patent rights
2. Infringement of patent rights
3. Legal liability for patent infringement
IV. Trademark rights
(1) Overview of trademarks and trademark law
1. The concept and types of trademarks
2. Overview of Trademark Law
(2) Obtaining Trademark Rights
1. Conditions for trademark registration applicants
2. Conditions for trademark registration
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3. Domestic and foreign registration of trademarks
(3) Trademark rights
1. Basic contents of trademark rights
(1) Main rights of trademark owners
(2) Main obligations of trademark owners
2. The term of trademark rights and the renewal of registered trademarks
3. Trademark rights are invalid and revoked
4. Termination of trademark rights
(4) Protection of trademark rights
1. Infringement of trademark rights
2. Legal liability for trademark infringement
3. Protection of Well-known Trademarks
Part Six: Inheritance Rights
1. Overview of the Inheritance System
(1) Concept and Characteristics of Inheritance
( 2) Basic principles of my country’s inheritance law
1. Protect citizens’ right to inherit private property
2. Men and women have equal inheritance rights
3. Elderly care and childcare
4. Mutual understanding, mutual accommodation, harmony and unity
(3) Concept and scope of inheritance
(4) Exercise of inheritance rights and loss of inheritance rights
1. The concept and characteristics of inheritance rights
2. Exercise of inheritance rights
3. Loss of inheritance rights
(1) Reasons for loss of inheritance rights
(2) Confirmation of loss of inheritance rights
(3) Consequences of loss of inheritance rights
2. Legal inheritance
(1) The concept and characteristics of legal inheritance
(2) The scope and order of inheritance of legal heirs
1. Scope of legal heirs
2. The order of inheritance of legal heirs
(3) Subrogation and transfer of inheritance
1. The concept and characteristics of subrogation
<p>17
2. The concept and characteristics of transfer inheritance
3. The difference between subrogation and transfer of inheritance
(4) Principles of inheritance distribution in legal inheritance methods
1. Distribution of inheritance among legal heirs in the same order
2. Inheritance recipients other than legal heirs
3. Testamentary inheritance
(1) Concept and characteristics of testamentary inheritance
(2) Form and will of testament Qualifications of witnesses
1. The concept and characteristics of a will
2. Form of will
(1) Notarized will
(2) Self-written will
(3) Written will
(4 ) Recorded Will
(5) Oral Will
3. Qualifications of will witnesses
(3) Conditions for validity of will
1. The testator should have testamentary capacity
2. The meaning is true
3. The content of the will is legal
4. The form of the will is legal
(4) Change and revocation of the will
(5) Bequest
1. The concept and characteristics of bequest
2. The difference between bequest and testamentary inheritance
3. The difference between a legacy and a gift
IV. Handling of inheritance
(1) Beginning of inheritance and custody of inheritance
1. Time when inheritance starts
2. Obligations of the custodian of the estate
(2) Acceptance and abandonment of inheritance and legacies
(3) Settlement of debts of the deceased
1. Scope of debts of the deceased
2. Rules for settlement of debts of the deceased
(4) Division of inheritance
1. Principles of inheritance division
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2. Methods for division of inheritance
(5) Bequest and support agreement
1. The concept of legacy support agreement
2. Characteristics of a legacy support agreement
3. The validity of the legacy support agreement
Part 7 Civil Liability
1. Overview of Civil Liability
(1) The Concept and Characteristics of Civil Liability
(2) Types of civil liability
1. Civil liability for tortious acts
2. Civil liability for breach of contract
3. Liability for negligence in contracting (see "Establishment of Contract")
II. Civil Liability for Torts
(1) Overview
1. The concept and classification of torts
2. The concept and characteristics of civil liability for torts
3. Principles of attribution of civil liability for torts
4. How to assume civil liability for torts
(2) General civil liability for torts
1. Requirements for establishing civil liability for general torts
2. Reasons for exemption from civil liability for general torts
(3) Civil liability for special torts
1. Components of civil liability for job infringement and the subject responsible for liability
2. Components of civil liability for damage caused by unqualified product quality and the person responsible
3. Components of civil liability for damage caused by highly dangerous operations and the subject responsible for the liability
4. Components of civil liability for environmental pollution causing damage and the subject responsible for liability
5. Components of civil liability for damage caused by construction in public places and the subject responsible for liability
6. Components of civil liability for damage caused by the collapse, falling off or falling of buildings and the subject responsible for the liability
7. Components of civil liability for damage caused by animals, subject responsible for liability, and exemption situations
8. Components of civil liability for damage caused by a ward, the subject responsible for liability, and circumstances that mitigate liability
3. Civil liability for breach of contract
(1) Civil liability for breach of contract
The concept and characteristics of liability
(2) Requirements for establishing civil liability for breach of contract
1. Breach of contract
(1) Anticipated breach of contract
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(2) Actual breach of contract
2. No grounds for exemption
(3) How to assume civil liability for breach of contract
1. Continue to perform
2. Damages
3. Liquidated damages
4. Deposit
IV. Reference test questions
1. Single-choice questions: 1 to 30 questions, each question is worth 2 points, with a maximum score of 60 points. Among the four options given for each question below, only one option meets the question requirements. Please write on the answer sheet. ． ． Blacken the letters of the selected option.
1． Civil law in a broad sense refers to
A. Civil Code
B. Civil Code, civil laws and regulations other than Commercial Code
C. All statutory and unwritten laws regarding civil matters
D. General Principles of Civil Law
2. Among the following options, no. The interpretation method of civil law is
A. Literal interpretation B. Analogy applies C. System explanation D. Historical explanation
3. According to the interdependence of civil rights, civil rights can be divided into
A. Right of control and right of claim B. Original rights and remedies C. Primary rights and secondary rights D. Absolute and relative rights
4. Among the following options, which one is a civil legal relationship
A. A pays tax to the tax authority B. The government allocates funds to a disaster area
C. B donates to a primary school D. The illegal driver C was fined by the traffic police
5. Among the following institutions, no. The one with legal personality is
A. Personnel Department of an agency B. A certain township government C. A city’s education bureau D. Law School of a University
6. Company A in Beijing signed a written contract with Company B in Shanghai. Company A signed and sealed it and sent it to Company B for signature and seal. The contract was established when
A. When Company A and Company B reach an agreement B. When Company A signs and seals
C. When Company B receives Company A’s signature and seal D. When Company B signs and seals
7. A is defrauded and enters into a sales contract with B. The contract is in principle
A. Invalid b. Cancellable c. Effectiveness to be determined D. Can be ratified
8. A makes an offer to B. In which of the following circumstances can the offer be revoked?
A. Before the offer reaches B
B. The offeror determines the commitment period
C. Before B makes a commitment to A
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D. B trusts in good faith that A's offer is irrevocable and is ready for performance
9. A and B make an appointment to purchase and sell air conditioners. A pays 50,000 yuan and agrees that if A does not sign a formal purchase and sale contract with B within six months, A will lose 50,000 yuan. On the contrary, if B does not sign a formal purchase and sale contract with A within half a year, he should return double the 50,000 yuan to A. At this time, the 50,000 yuan paid by A is
A. Warranty deposit B. Advance payment c. Liquidated deposit D. Termination deposit
10. A wants to purchase a piece of machinery and equipment owned by B, and both parties have reached an agreement on the price. Since B has leased the equipment to C, the two parties agreed that C will be responsible for delivering it when the lease term expires. After the expiration of the lease, C has not delivered the goods. Who should A ask for payment?
A. B
B. C
C. B or C, both are jointly and severally liable
D. A may not make a request to any party because the contract is invalid
11. A is the debtor, B is the creditor, and C is entrusted by A to provide collateral to guarantee the repayment of the creditor's rights.
If D and B agree that D will bear A's debt, then the mortgage rights set by B and C
A. Still guaranteeing the repayment of B’s claims
B. No longer guarantee the repayment of B’s claims
C. Unless C expresses recognition, it will no longer guarantee the repayment of B’s creditor’s rights
D. It will not be eliminated just because D bears A’s debt
12. A and the florist agreed that on his friend's birthday on June 1st, the florist would deliver 99 roses to B. Due to the negligence of its employees, the flower shop only fulfilled the contract on June 3. A and B refused to accept the goods and refused to pay the price. At this time
A. A. Because there is no reminder, it shall not be refused
B. The flower shop's delay in performance makes it impossible to achieve the purpose of the contract, so A can refuse to accept it
C. The florist himself has no fault, so the florist has not breached the contract and A cannot refuse.
D. A failed to give the florist a reasonable period of time, so the contract cannot be terminated
13. Among the following items, no. What belongs to real estate is
A. land b. Fallen trees C. Seedlings in the field D. The floor of the house
14. Among the following options, the method of acquiring ownership by inheritance is
A. Collect interest B. production c. Obtained in good faith D. Accept gifts
15. Among the following options, the ones that are required for the establishment of mortgage rights are
A. The creditor must legally take possession of the debtor's property
B. The occurrence of the debt must be related to the property
C. The creditor's rights have expired
D. The creditor must enter into a mortgage contract with the mortgagor
16. The debtor pays a deposit to the creditor as a guarantee for the monetary claim, unless there is a special agreement between the two parties
A. When the debtor performs its debt, the creditor can either use the deposit to offset the price or return it to the debtor
B. When the debtor performs his debt, the creditor must return the deposit to the debtor
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C. When the debtor performs his debt, the creditor must discount it into the price
D. When the debtor performs its debt, the debtor can only ask for the return of the deposit
17. After the general guarantor assumes the guarantee responsibility
A. No recovery is allowed from the debtor
B. In any case, the right to recover from the debtor
C. If the guarantor provides a guarantee for the purpose of donation, he may not recover from the debtor
D. If the guarantor provides a guarantee for the purpose of donation, the creditor's rights of the original creditor shall not be transferred to the guarantor
18. The parties who should perform their contract obligations first can exercise the right of defense if there is definite evidence to prove that the other party
A. Deterioration of operating conditions B. Loss of business credibility C. Transfer property D. Change the legal representative
19. The statute of limitations for personal injury compensation claims is
A. Half a year b． 1 year c. 2 years d. 4 years
20. Those who can transfer their names according to law are
A. Agency legal person B. Public institution legal person C. Social organization legal person D. Individual industrial and commercial households
21. Among the following situations, what constitutes an infringement of portrait rights is
A. Without citizens’ consent, teachers will use documentary-style close-ups of passers-by for film teaching purposes
B. In order to vent his dissatisfaction, the divorced ex-husband placed the photo of his ex-wife under the toilet
C. For the purpose of profit, decorate the shop windows with other people’s portraits without authorization
D. Journalists filmed scenes involving movie stars and published them in newspapers
22. If the exclusive right to use a registered trademark is infringed, the infringed party may request the infringer to transfer the profits gained from the infringement during the infringement period
to itself.
The nature of this right of claim is
A. Right to claim compensation for infringement damages B. Quasi-contractual claim
C. Right to claim for return of unjust enrichment D. Liability for contractual negligence
23. Among the following options, no. The person who can be granted a patent is
A. Invention b. Utility model C. Scientific discovery D. Appearance design
24. When establishing a pledge based on the property rights in the copyright
A. Since the acquisition of copyright does not require registration, there is no need to register the creation of a pledge
B. Although copyright does not need to be registered, the establishment of a pledge does.
C. The written pledge contract takes effect when it is concluded, and registration is only a requirement for confrontation
D. As long as there is a verbal pledge contract and the pledge registration is completed with its management department
25. The heir does not. The situation of losing inheritance rights is
A. The heir mistreats the decedent in a serious manner, but later shows repentance
B. If the heir abandons the decedent, if he shows repentance in the future and the decedent forgives him during his lifetime
C. An intentional attempt to kill the decedent failed, but the decedent expressed forgiveness during his lifetime
D. The forgery of a will is serious and the person shows repentance in the future
26. When the decedent is declared dead, his inheritance
A. Starting from the date of the court’s judgment
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B. Regardless of whether there is a fixed date in the judgment, it will start from the date when the court pronounces the judgment
C. It will start from the date determined by the court's judgment. If there is no fixed date, it will start from the date of the judgment.
D. Starting from the expiration date of the notice period issued by the court to search for the missing person
27. Among the following options. No. What can be inherited as inheritance is
A. Cultural relics b. Stocks c. Honorary title D. Remuneration
28. In 1990, Li Ying married Liu Hong and had a son, Liu Xiao. Liu Hong died of illness in 1995. Since then, Li Ying has been serving her parents-in-law
. In 1996, Li Ying married Wang Qiang and still supported her parents-in-law. Liu Hong's father passed away in 1999, leaving behind a private house owned by him. The house should be owned by
A. Li Ying and Liu Xiao each get half B. The mothers of Liu Xiao and Liu Hong each received 1/2
C. Li Ying, Liu Xiao and Liu Hongmu each 1/3 D. Li Ying, Wang Qiang and Liu Xiao each 1/3
29. A leaves a computer at home to his neighbor B for safekeeping because he is on a business trip. While A was on a business trip, B sold the computer to C. C thought
that the computer belonged to B, so he bought it at a reasonable price. In this regard, A
A. Can request C to return the computer B. Can ask C to return the computer
C. B and C*** can be required to jointly bear the liability for compensation D. C can be asked to compensate for losses
30. Among the following facts, unjust enrichment can occur:
A. The debtor pays off its undue debt B. Pay money owed due to gambling
C. Alimony paid by adopted children to their biological parents D. The customer overpaid the salesperson
2. True or False questions: 3l to 40 questions, each question is worth 2 points, *** 20 points. Determine whether the following questions are true or false, and mark “√” if they are correct and “×” if they are incorrect.
Please write your answer in A. question. Paper. on the specified location.
31． The property invested by the partners shall be owned exclusively by the partners.
32. Corporate legal persons bear civil liability for various civil acts of their legal representatives.
33. During the existence of the relationship between *** and ***, if some *** persons dispose of ***'s property without authorization, their disposition is invalid in nature.
If a third party obtains the property, it shall be returned to the owner.
34. If property is acquired in accordance with a contract or other legal means, the property shall be transferred from the time of its actual delivery.
35. The damages for breach of contract shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract, but shall not exceed the losses that the breaching party foresees or should foresee when entering into the contract. loss.
36. If the parties owe each other debts, and the subject matter of the debts is of the same type and quality, either party may offset its own debts against the debts of the other party.
37. The personal dignity of citizens and legal persons is protected by law.
38. A contract concluded by the trustee in his own name and within the scope of authorization of the principal with a third party, regardless of whether the third party knows the agency relationship between the trustee and the principal when entering into the contract. , the contract can only bind the trustee.
39． If a building or other facility or any objects placed or suspended on the building collapses, falls off, or falls and causes damage to others, the owner or manager of the building shall bear civil liability.
40． A testator may make an oral will in an emergency, but it must be witnessed by two or more witnesses.
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3. Short answer questions: 41 to 43 questions, each question is worth 8 points, *** 24 points. Please write your answer in A. question. Paper. on the specified location.
41. Briefly describe the conditions for establishing a lien.
42． Briefly describe the legal characteristics of agency behavior.
43. Briefly describe the legal regulations on standard clauses in my country’s Contract Law.
4. Essay questions: 44 questions, 16 points. Please write your answer in A. question. Paper. on the specified location.
44. Let’s talk about liability for breach of contract.
5. Case analysis questions: 45 to 46 questions, each question is worth 15 points, ***30 points. Please write your answer in A. question. Paper. on the specified location.
45． Factory A in place A and Store B in place B entered into a laundry detergent sales contract in June 1999, agreeing that Factory A would deliver the goods at the train station in place B on July 25. On July 14, floods destroyed the railway between the two places, and traffic was interrupted. There was no air traffic between place A and place B. Factory A did not notify store B of this situation, and store B did not inquire. . After traffic resumed on August 1,
Factory A immediately shipped the goods, and they arrived at the train station in B on August 9. The escort of Factory A notified Store B to pick up the goods. Store B refused to accept the goods.
In the negotiation with the consignor of Factory A, they requested a lower price, but Factory A could not accept it. The escort of Factory A had no choice but to rent a private house for safekeeping temporarily while continuing to negotiate with Store B. On August 15, due to heavy rains and flash floods in B, houses were destroyed.
1/3 of the washing powder was lost, and the other 2/3 were soaked in water and had to be sold at a reduced price.
Question: (1) Is the contractual relationship between A and B terminated? Why?
(2) Factory A did not notify store B of the traffic interruption. If store B suffered any consequences as a result, Should Factory A be responsible for the damage?
Compensation?
(3) Does Store B’s refusal to accept the goods constitute a breach of the sales contract? Why?
(4) A Can the factory require Store B to compensate for the losses suffered due to the loss of part of the washing powder and the price reduction? Why?
46. A reporter from a sports newspaper received a call from Zhang, who revealed on the phone that football referee Yu favored team B and blew a "black whistle" during the match between team A and team B. After the reporter reported this fact to the leader of the newspaper, after verifying it with Zhang and having it reviewed by the leader, the news that "Yu blew the whistle" was published in the newspaper. After reading the newspaper, Yu took the newspaper to court and resorted to legal action to restore its reputation, apologize and compensate for the losses.
It was found that the newspaper's report was seriously inaccurate, but the newspaper
claimed that the newspaper had fulfilled its duty of care in reviewing the news and that the inaccurate report was entirely due to Zhang deliberately providing false information
In fact, the newspaper company had no fault, so the newspaper company should not bear civil liability, and the plaintiff should request compensation from Zhang.
Question: (1) Does a certain sports newspaper’s report constitute damage to someone’s reputation? Can Yu ask the newspaper to stop the infringement and restore his reputation by publishing it in the newspaper?
(2) If Yu sues Zhang, should Zhang bear civil liability? What responsibility should he bear? Why?
(3) Whether the newspaper company and Zhang constitute an independent party? Infringement? Why?