National 20 12 1 higher education self-study exam contract law test questions
Course code: 00230
1. Multiple-choice questions (30 small questions in this big question, each small question 1 point, a total of 30 points)
Of the four options listed in each question, only one meets the requirements of the topic. Please fill in the code in brackets after the title. Wrong selection, multiple selection or no selection will not be scored.
1, the following is the basic principle of contract law ()
I. Principle of good faith
B. The principle of cooperation
C, the principle of economic rationality
D, the principle of situation change
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 () in contract law.
First, perform the right of defense first
B, at the same time to perform the right of defense
Uneasy right of defense
D. Right of first appeal
3, relativity is the main feature of the contract, the following does not belong to the scope of contract relativity is ()
I. Relativity of Contract Subjects
B. Relativity of contracting methods
C. Relativity of contract contents
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 asks Party A to pay for the goods on the loan date, Party A can exercise ().
First, the right of uneasy defense
B, first perform the right of defense
C, at the same time to perform the right of defense
D. Right of first appeal
5, the parties agreed in the contract by a third person to perform 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 ().
First, the debtor of the contract
B, the third person
C, the debtor of the contract and the third party jointly bear.
D, the debtor of the contract and the third party jointly bear.
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 and C can sue B in their own names.
B and C claim 6,543,800 yuan.
C, C can sue B in its own name or B in the name of A.
D and C may apply to an arbitration institution for arbitration, with Party B as the respondent.
7, in the creditor's subrogation litigation, the debtor's litigation status is ()
A. Defendant
B, the third person
C, determined by the people's court
D, decided by the creditors
8, in the creditor's rights revocation proceedings, once the debtor's behavior is revoked, the debtor's behavior is invalid from ().
I. Date of judgment of the people's court
B, the date of the creditor's lawsuit
C. The debtor commits the act.
D, the date determined by the people's court judgment
9. The transfer contract under the contract commitment belongs to ()
I. Unilateral contract
Bidirectional contract
C, can be a unilateral contract, can also be a bilateral contract d, determined by the parties through consultation.
10, the following statement about the consent of the counterpart is correct ()
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, which of the following acts conforms to the contract transfer provisions is ()
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 ().
First, it was not established from the beginning.
B, can change the contract
C, invalid contract
D. Effective contract
13, the following statement about the characteristics of the sales contract is incorrect ()
A sales contract is a two-way contract.
B, the sales contract is a paid contract.
C. The sales contract is a practical contract.
D, unless otherwise stipulated by law or otherwise agreed by the parties, the sales contract is an informal contract.
14, the following does not belong to the characteristics of the gift contract is ()
A gift contract is a two-way contract.
B. The gift contract is a unilateral contract.
C, the gift contract is a free contract
D. A 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 ().
one fifth
B, a quarter
C, one third
D, half
16, the nature of the right to terminate the contract belongs to ()
I. Right of Formation
B. Claims
C. Right to defense
D, the right to change
17. The warehousing object of the warehousing contract is ()
A. Real estate
B. Movable property
C. Intellectual property rights
D. securities
L8, the subject matter delivered by the parties does not meet the quality requirements agreed in the contract, or the performance is flawed, which means ()
I. Refusal to execute
B, delay in performance
C, improper performance
D, partial performance
19, about the construction project contract, if there is no special provision in the contract law, the applicable contract is ().
I. Contract
B. sales contract
C. technical contracts
D. entrustment contract
20. If the depositor fails to pay the storage fee and other fees as agreed, the custodian shall enjoy the storage fee of ().
A. Mortgage
B. Guarantee
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 subject responsible for the electric vehicle company is ().
First, the automobile transportation company
B, train companies and automobile transportation companies
C, courier company
D, courier companies and automobile transportation companies
22, the following does not belong to a written contract is ()
cable
telex
C, telephone records
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 form of this sales contract is ()
I. Oral form
B. Presumptive form
C, written form
D. Media forms
24, the following belongs to the category of technical service contract is ()
I. Contract
B, construction project contract
C. Technology transfer contracts
D. Technical training contracts
25, the following does not conform to the characteristics of the custody contract is ()
I. Concluding a Contract
Bidirectional contract
C, practice contract
D, don't make a contract.
26, the following description about the legal nature of exemption is correct ()
First, exemption is paid behavior.
B, exemption is a conditional behavior.
C, exemption is the behavior of both parties
D immunity is a unilateral act.
27, the following, is not suitable for escrow ().
bicycle; cycling
B, aquatic products
cash
D, wood
28, the following circumstances, the parties can't terminate the contract is ()
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 ()
A power supply contract is a continuous contract.
B, power supply contract is a kind of 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 delay conditions is ()
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 belong to his grandson.
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 (there are 5 small questions in this big question, 2 points for each small question, a total of 10 points)
At least two of the five options listed in each question meet the requirements of the topic. Please fill in the code in the brackets after the title. Wrong selection, multiple selection, less selection or no selection do not score.
3 1, the characteristics of the contract for the benefit of a third party is ()
A third party is not a party to a contract.
B, the third person should have capacity.
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 belong to the contract with pending validity ()
A contract that a person with limited capacity for civil conduct cannot independently conclude according to law.
B. a contract that a person without civil capacity cannot conclude according to law.
C. contracts concluded by agents through estoppel
D. the contract concluded by the agent without obtaining the agency right in advance.
E, have no right to dispose of the contract
33, the following has the characteristics of practice contract is ()
I. Custody contract
B. delivery contract
C, use the loan contract
D. sales contract
E. contract
34, China's contract law embodies the specific provisions of the principle of encouraging transactions is ()
First, strictly limit the compensation for breach of contract
B, strictly distinguish between invalid contracts and revocable contracts.
C, strictly distinguish between the establishment and effectiveness of the contract
D. Strictly limit the conditions for termination of default.
E, strictly abide by the rules of offer acceptance.
35, the following about technology commissioned development contract, commissioned by the development of technical achievements is correct ().
A. If you apply for a patent, the right to apply for a patent generally belongs to the research developer.
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 R&D personnel have the right to use, transfer and benefit from this technology.
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 big topic is 3 small questions, each small question is 2 points, a total of 6 points)
Of the four options listed in each question, only one meets the requirements of the topic. Please fill in the code in brackets after the title. 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 about the theft of antiques. 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 status of the contract between Party A and Party B is ()
First, it is not established
B, established, not effective
C, has been established and effective.
D, unable to execute
37, in this case, failed to fulfill the obligation is ()
A. Payment obligations
B. Guardianship obligations
C. Incidental obligations
D. obligation to inform
38. Party B requires Party A to take responsibility, and Party A shall ()
First, bear the liability for breach of contract
B, bear tort liability
C, bear the responsibility for contracting fault
D, do not assume responsibility for the accident.
4. Short answer questions (3 small questions in this big question, 8 points for each small question, a total of 24 points)
39. Briefly describe the meaning and content of illegality of invalid contracts.
40. Briefly describe the legal characteristics of liquidated damages.
4 1. Briefly describe the mitigation rules of damages.
Verb (abbreviation of verb) essay question (this big question is 1 small question, and the score is 15).
42. On the relationship between voluntary principle and statutory principle in contract law.
Six, case analysis (this topic 1 small, 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 that in addition to confiscating the down payment of 1.25 million yuan, Company B should also 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?
(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?
(3) Can Company B ask Company A to pay liquidated damages and double the deposit? Why?