商务法规 串讲重点.doc

一、Identify, explain and or paraphrase the following terms.
Acceptance：A statement or act given in response to and in accordance with an offer.
Offer ：A tentative promise subject to a condition.
Shareholder：A person who holds a share interest in a corporation; a part owner of the corporation.
Agent: A person appointed to act for another, usually in contract matters.
Constitution: The basis upon which a state is organized, and the powers of its government defined.
Director: Under corporation law, a person elected by the shareholders to manage its affairs.
Consideration：Something that has value in the eyes of the law, and which a promisee receives in return for a promise.
Duress: The threat of injury or imprisonment for the purpose of requiring another to enter into a contract or carry out some act.
Professional: A person with special skills not possessed by most individuals.
Principal: A person on whose behalf an agent acts.
Public law: The law relating to the relationship between the individual and the government.
Fundamental Breach：A breach of the contract that goes to the root of the agreement.
Innocent Misrepresentation：A false statement of a material fact made by a party that honestly believed the fact to be true.
Fraudulent misrepresentation：A false statement of fact made by a person who knows, or should know, that it is false, and made with the intention of deceiving another.
Sole Proprietorship：A business where the sole owner is responsible for the management and the debts of the business.
Duty of care: The duty not to injure another person.
Statute law : A law passed by a properly constituted legislative body.
Contempt of Court：Refusal to obey a judge's order.
Punitive damages: Damages awarded by a court to punish a wrongdoer. Not normally awarded for ordinary breach of contract.
Strict liability: Responsibility for loss regardless of the circumstances.
Private law: The law relating to the relationship between individuals.
Common law : The law found in the recorded judgements of the courts .
Injunction : An equitable remedy of the court that orders the person or persons named to refrain from doing certain acts.
Officer: A person elected or appointed by the directors of a corporation to fill a particular office ( president, vice president, secretary, etc. ).
Stoppage in transitu: The right of the seller to stop delivery of goods by the carrier if the buyer is insolvent.

二、Sentence Translation from English into Chinese：
1．In order to deal with these challenges, the American law of contract has carried out tremendous adjustments.
2．The present Agreement is written in Chinese and English languages, both texts being equally authentic.
3．If I have a right, another person or persons must be under a duty to recognize and respect that right.
4．The prisoner was sentenced to three years imprisonment.
5．This Contract shall come into force after the signatures by the authorized representatives of both parties.
6．Private law comprises two grand divisions of its own: civil law and commercial law.
7．The Administrative Punishment Law, as an administrative law, is to resolve contradictions of conflict and balance between the public power and private right.
8．An agreement is typically reached when party(offeror) makes an offer and the other party(offeree) accepts it.
9．In our country, all citizens reaching the age of 18 have the right to vote and to stand for election.
10. If there is no respect amongst our top leadership for the Constitution, then there is no Rule of Law.
11. The fundamental division in all civil law systems is that between public law and private law.
12. Contract law has its sources in both common law and statute.
13. Where statute law and common law conflict，statute prevails.Good credit is a basic principle of civil law and contract law.
14. A party may suspend the performance of his obligations.
15. Shareholders elect directors and directors appoint officers.
16. A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration called the price.
17. The fundamental constitutional principle: The individual can do anything but that which is forbidden by law; while the state may do nothing but that which is authorized by law.
18. There are a number of contracts that are illegal at common law.
19. Environmental law heavily intertwined with administrative law.
20. The foundational theory of the administrative law is a hot topic .

三、Translate the following paragraph into English.
Law and Law Courts
Wherever people live together in communities, there will always be disputes. Among animals, conflicts result in victory for the stronger or quicker. But human beings believe that in a dispute the one who is right should win. Sometimes the problem is so complicated that it can be settled only in a law court.
For personal injuries it was common to act according to the rule “an eye for an eye, a tooth for a tooth.” If a man knocked out someone’s tooth, his own tooth would be knocked out in return. Today, capital punishment for murder is based on this idea: if a person kills someone, he must pay with his owe life.
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