国际商法英语试卷.doc

长沙理工大学拟题纸(A)
课程编号 拟题教研室（或老师）签名 教研室主任签名

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课程名称（含档次） 国际商法英语（1---A卷） 专业层次（本、专） 本科

专 业 英语专业 考试方式（开、闭卷） 开卷

考生注意事项：答案一律做在答题纸上，否则无效

Ⅰ. Judge whether the following statement are true or false. (10 × 2’ = 20’)
1. At present, there is no uniform code on international business so national business laws of some countries will be used to regulate international business relationship and deal with some international business disputes. ( )
2. Common law is a matrix of case law and statutes; it uses the jury system and the doctrine of supremacy to limit the actions of the government ( )
3. The civil law is the easier of the main legal traditions to be received, as it is encapsulated in convenient codes and it deals primarily with private law that is of little threat to the local political system. ( )
4. A request or invitation to negotiate is an offer. It is only an expression of a willingness to discuss the possibility of entering into a contract. ( )
5. The contracting party who makes a promise is known as the promise; the one to whom the promise is made is the promisor. ( )
6. Acceptance of a unilateral offer is effective upon full performance of the requested act. Generally, no communication is necessary. ( )
7. Goods bought for personal use are included under CISG. ( )
8. Specific performance is one of the remedies unique to the seller. ( )
9. Agent can perform legal acts that bind the principal. ( )
10. Copyright is the primary method of protecting and rewarding inventions. ( )

Ⅱ. Put the following terms into English or Chinese. (15 × 1’ = 15’)
大陆法系
普通法系
允诺的禁止反悔
准合同
损害赔偿金
非违约方
付款交单
出口许可证

firm offer
offeree
franchise
most-favored-nation treatment
restrictive trade barriers
Dispute Settlement System
public company

Ⅲ. Giving brief definitions of the following terms. (5 × 3’ = 15’)
1. precedent
2. consideration
3. specific performance
4. service mark
5. trade secrets

Ⅳ. Answer the following questions. (5 × 4’ = 20’)
1. Consider the layout of an integrated circuit, which is copyrightable, the drawing of the circuit or the actual circuit? Why?
2. How many ways are there to terminate an offer?
3. What are the duties of issuing bank in a L/C transaction?
4. What are the functions of B/L in international transactions?
5. What are the main international treaties dealing with patents?

Ⅴ. Case analysis (3× 10’= 30’)
1. Johnson took his daughter to Mike, a doctor, and asked Mike to operate on the daughter’s hand, which had been scarred in an accident. Mike said the girl would be in the hospital for three or four days and that the hand would probably deal within a few days. The hand became infected, and daughter was hospitalized for three months.
Did the father win a suit for breach of a contract?

2. Your contract with Sheikh Enterprises to sell it you office-equipment business under an installment sales contract requiring 12 monthly payment. Sheikh Enterprisers decides not to buy the business but knows of another party, A & N Corporation, interested in doing so. All three of you get together and agree to a new contract under which A & N Corporation agrees to purchase your business. Is the original contract discharged and replaced with the new contract?

3. Bruce is hired as a booking agent for a rock group, the Crash, as the group’s agent. Bruce can negotiate contracts for the rock group to appear at concerts. Are the contracts binding and legally enforceable against the group?
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