2021 中国合同法(上海交通大学) 最新满分章节测试答案

本答案对应课程为:点我自动跳转查看
本课程起止时间为:2021-03-02到2021-07-08

第一章 中国商法的结构 单元测试1

1、 问题:Which one of the following is regulated by the Contract Law？
选项：
A:A、The agreement concluded between husband Lee and his wife turning a premarital personal house into a joint estate.
B:B、The Divorce Agreement signed between husband Lee and his wife.
C:C、The Child Adoption Agreement signed between Lee and Zhang.
D:D、The Guardianship Agreement between Lee and Zhang.
答案: 【A、The agreement concluded between husband Lee and his wife turning a premarital personal house into a joint estate.】

2、 问题:Which one of the following reasons does not affect the formation of a contract?
选项：
A:A、There is no consensus between the parties over the essential terms of the contract.
B:B、There is preliminary negotiations but no mutual assent reached.
C:C、The contracting parties did not reach an agreement on non-materials terms.
D:D、The manifestation of intent between the contracting parties are unanimous on the essential terms of the contract.
答案: 【C、The contracting parties did not reach an agreement on non-materials terms.;
D、The manifestation of intent between the contracting parties are unanimous on the essential terms of the contract.】

第五章代理合同（1） 单元测试5

1、 问题:Company A concluded an entrustment contract with 15-year old Chen, a network wizard, authorizing Chen to buy software at a price range not exceeding 500,000 yuan. Chens parents expressed definite objection. Which of the following is true about the validity of the entrustment contract? 
选项：
A:A、Completely invalid, because Chens parents refused ratification
B:B、 Valid, because entrustment contract only requests for simple level of intelligence, and it does not damage Chens interests.It does not matter whether Chens parents give ratification or notB. 
C:C、There is a need to verify Chen`s genuine intent to determine whether the contract is valid. If the parents refuse ratification then Company A can apply to the court to determine the validity of the contractC.
D:D、 The entrustment contract is invalid because the parents did not give ratification, but granting the right of agency is a unilateral legal act and does not need ratification to be valid.
答案: 【D、 The entrustment contract is invalid because the parents did not give ratification, but granting the right of agency is a unilateral legal act and does not need ratification to be valid.】

2、 问题:A goes to purchase lottery tickets, his friend B gave him 10 Yuan asking him to buy some for him, B also informed A the lottery numbers he wants and told A not to change. A predicted that the numbers B chose would not win a prize. He bought and maintained lottery tickets for B ,but with different number. When draw the winning numbers of the lottery, the lottery ticket that A bought for B won the prize, and now there is a dispute between them regarding the ownership of the prize. Which of the following is true?
选项：
A:A、A shall own the prize, because the number B chose would not have won the prize. The debtor-creditor relationship applies by analogy between A and B, and A shall repay B 10 Yuan
B:B、A and B shall divide the prize equally, because B invested in the lottery purchase and A chose the number
C:C、A contributed more to win the prize, thus he shall own more of the prize and bear the purchasing cost in proportion
D:D、B shall own the prize, because B is the principal
答案: 【A、A shall own the prize, because the number B chose would not have won the prize. The debtor-creditor relationship applies by analogy between A and B, and A shall repay B 10 Yuan】

第二章 要约和承诺 单元测试

1、 问题:Company A sells a batch of shirts, packed 12 of them in every box. Company B ordered 2400 pieces of shirts through telegraph. Company A wired back informing the unit price and saying that it did not have enough stock now but could arrange the full delivery in one month. Company B sent another telegram in reply which says: “we accept this price, but please repack 10 shirts in each box”. Company A did not reply. One month later, Company B came to pick up the goods, and Company A said that there was no consensus over the contract. As the contract was not formed, Company A refused to be liable for the breach of contract. Which one of the following is correct?
选项：
A:A、Pursuant to the intention expressed, the contract was not formed.
B:B、Company B’s request for the packaging is a counter-offer.
C:C、The contract is formed only when the parties reach a consensus on all the terms of the contract.
D:D、A contract is formed as long as the material terms are reached, the contract is formed.
答案: 【D、A contract is formed as long as the material terms are reached, the contract is formed.】

2、 问题:Company A made an advertisement stating that it owns a special type of cars, 100 in total, the unit price is 150 thousand yuan. The advertisement terminates in 10 days. Company B, on the fifth day after the advertisement was made, comes with a Bill of Exchange as a buyer. But at this moment Company A is out of stock. Which of the following is correct?
选项：
A:A、Company A breached the contract.
B:B、Company A shall bear faulty liability.
C:C、Company A shall bear tortious liability.
D:D、Company A shall not bear civil liability.
答案: 【A、Company A breached the contract.】

第二章 要约和承诺 单元测试2

1、 问题:Fang, Li, Liu and Zhang signed a loan contract, saying that: “Fang borrows 1 million yuan from Li, Liu mortgages his house to Li, and Zhang guarantees for this loan.” Everyone signed except Li. Liu gave the property ownership certificate to Li, promising to complete the mortgage registration a few days later. After Li handed over the 1 million to Fang, Fang did not pay it back on due date. Which of the following is correct? 
选项：
A:A、The loan contract is not formed.
B:B、Fang should return it as unjust enrichment.
C:C、Zhang should assume the responsibility as a guarantor.
D:D、Liu has no obligation to complete the mortgage registration.
答案: 【D、Liu has no obligation to complete the mortgage registration.】

2、 问题:A and B are married, and had one house property registered under A’s name. B borrowed 1 million yuan from C and concealed this fact to A. B mortgaged the house to C. When B signed the mortgage contract and registered the mortgage, B illegally used A’s signature and signed for A. Now, A claims that the loan and mortgage contract are invalid. Which of the following is correct?
选项：
A:A、The mortgage contract is invalid.
B:B、The loan contract is invalid.
C:C、A has an obligation for the repayment of 1 million loan because he has joint liability.
D:D、A may plea for revoking of C’s right to mortgage.
答案: 【D、A may plea for revoking of C’s right to mortgage.】

第三章格式之争 单元测试

1、 问题:Read the case and answer the following five questions.:On June 15, 1997, Company A sent out an order to Company B, requested Company B’s reply before July 10 ,1997. At the beginning of July in1997, the price of ordered goods was marked down sharply on international market, then Company A informed Company B saying: “we cancel the price of the previous order, if you are willing to reduce the price by 20% then the duration of offer will extend until 20July”. After receiving the notice, company Bwrote back promptly on July 3rd and disagreed to price cutting, and accepted the previous offer. Normally, the letter could reach Company Aby July 8th, but Company A was only able to receive it on July 15th due to the labor strike in the post office and Company A replied immediately, saying: “the first order is already revoked, your acceptance is void”. Company B insisted that the first offer was irrevocable. Company A sent another reply claiming that Company B`s acceptance was delayed and therefore the contract does not exist. According to the Contract Law of China:  Assuming that Company B did not, on its July 3rd reply, express acceptance to the original offer,then:
选项：
A:A、Company B is still entitled to receipt the offer as long as the notice of acceptance reaches Company A before July 10th
B:B、 Company B is still entitled to receipt the offer as long as the notice of acceptance reaches Company A before July 20th
C:C、 Even if Company B did not receipt the offer before July 10th, it can still receipt it before July 20th by 20% price-cut
D:D、If Company B did not receipt the original offer before July 10th, it can no longer receipt the offer
答案: 【B、 Company B is still entitled to receipt the offer as long as the notice of acceptance reaches Company A before July 20th;
C、 Even if Company B did not receipt the offer before July 10th, it can still receipt it before July 20th by 20% price-cut】

2、 问题:Read the case and answer the following five questions.:On June 15, 1997, Company A sent out an order to Company B, requested Company B’s reply before July 10 ,1997. At the beginning of July in1997, the price of ordered goods was marked down sharply on international market, then Company A informed Company B saying: “we cancel the price of the previous order, if you are willing to reduce the price by 20% then the duration of offer will extend until 20July”. After receiving the notice, company Bwrote back promptly on July 3rd and disagreed to price cutting, and accepted the previous offer. Normally, the letter could reach Company Aby July 8th, but Company A was only able to receive it on July 15th due to the labor strike in the post office and Company A replied immediately, saying: “the first order is already revoked, your acceptance is void”. Company B insisted that the first offer was irrevocable. Company A sent another reply claiming that Company Bs acceptance was delayed and therefore the contract does not exist. According to the Contract Law of China: Assuming that Company B agreed, on its July 3rd reply, to cut the price by 10%, then what is the nature of the replying message?
选项：
A:A、Constitute a valid acceptance
B:B、 Constitute a counter-offer
C:C、Deemed that it agrees to Company As revocation of the original offer
D:D、Deemed as an objection to Company As new request
答案: 【<span style="color:red !important">B、&nbsp;Constitute a counter-offer;
C、Deemed that it agrees to Company As revocation of the original offer;
D、Deemed as an objection to Company A`s new request】

第三章格式之争 单元测试3

1、 问题:Read the case and answer the following five questions.:On June 15, 1997, Company A sent out an order to Company B, requested Company B’s reply before July 10 ,1997. At the beginning of July in1997, the price of ordered goods was marked down sharply on international market, then Company A informed Company B saying: “we cancel the price of the previous order, if you are willing to reduce the price by 20% then the duration of offer will extend until 20July”. After receiving the notice, company Bwrote back promptly on July 3rd and disagreed to price cutting, and accepted the previous offer. Normally, the letter could reach Company Aby July 8th, but Company A was only able to receive it on July 15th due to the labor strike in the post office and Company A replied immediately, saying: “the first order is already revoked, your acceptance is void”. Company B insisted that the first offer was irrevocable. Company A sent another reply claiming that Company B`s acceptance was delayed and therefore the contract does not exist. According to the Contract Law of China:  Assuming that Company B did not, on its July 3rd reply, express acceptance to the original offer,then:
选项：
A:A、Company B is still entitled to receipt the offer as long as the notice of acceptance reaches Company A before July 10th
B:B、 Company B is still entitled to receipt the offer as long as the notice of acceptance reaches Company A before July 20th
C:C、 Even if Company B did not receipt the offer before July 10th, it can still receipt it before July 20th by 20% price-cut
D:D、If Company B did not receipt the original offer before July 10th, it can no longer receipt the offer
答案: 【B、 Company B is still entitled to receipt the offer as long as the notice of acceptance reaches Company A before July 20th;
C、 Even if Company B did not receipt the offer before July 10th, it can still receipt it before July 20th by 20% price-cut】

2、 问题:Read the case and answer the following five questions.:On June 15, 1997, Company A sent out an order to Company B, requested Company B’s reply before July 10 ,1997. At the beginning of July in1997, the price of ordered goods was marked down sharply on international market, then Company A informed Company B saying: “we cancel the price of the previous order, if you are willing to reduce the price by 20% then the duration of offer will extend until 20July”. After receiving the notice, company Bwrote back promptly on July 3rd and disagreed to price cutting, and accepted the previous offer. Normally, the letter could reach Company Aby July 8th, but Company A was only able to receive it on July 15th due to the labor strike in the post office and Company A replied immediately, saying: “the first order is already revoked, your acceptance is void”. Company B insisted that the first offer was irrevocable. Company A sent another reply claiming that Company Bs acceptance was delayed and therefore the contract does not exist. According to the Contract Law of China: Assuming that Company B agreed, on its July 3rd reply, to cut the price by 10%, then what is the nature of the replying message?
选项：
A:A、Constitute a valid acceptance
B:B、 Constitute a counter-offer
C:C、Deemed that it agrees to Company As revocation of the original offer
D:D、Deemed as an objection to Company As new request
答案: 【<span style="color:red !important">B、&nbsp;Constitute a counter-offer;
C、Deemed that it agrees to Company As revocation of the original offer;
D、Deemed as an objection to Company A`s new request】

第四章合同法的基本原则 单元测试4

1、 问题:Basic principles of contract law include
选项：
A:A、Principle of equity and free will.
B:B、Fairness doctrine.
C:C、Principle of legality.
D:D、Principle of honesty and creditability.
答案: 【A、Principle of equity and free will.;
B、Fairness doctrine.;
C、Principle of legality.;
D、Principle of honesty and creditability.】

2、 问题:A souvenir shop in a scenic spot sells replicas of the Terra Cotta Warriors. Written on the price tag was “ Qin Shihuang`s Terra Cotta Warriors”, 2800 Yuan each. Wang bought one of the Warriors, and on the second day, he demanded to return the purchased item stating that it was just a replica, not the genuine Warriors, and claimed for compensation. Which of the following is false?
选项：
A:A、The conduct of the shop does not constitute fraud, the “Terra Cotta Warriors” are objects that transfer of which is prohibited by law.
B:B、Wang behaved under substantial misunderstanding, therefore he can request the cancellation of the contract.
C:C、Though the conduct of the shop does not constitute a positive fraud, it constituted a negative fraud because there is no sign indicating that the Warriors are replica.
D:D、Wang can request to cancel the contract ,and claim the liability for fault.
答案: 【B、Wang behaved under substantial misunderstanding, therefore he can request the cancellation of the contract.;
C、Though the conduct of the shop does not constitute a positive fraud, it constituted a negative fraud because there is no sign indicating that the Warriors are replica.;
D、Wang can request to cancel the contract ,and claim the liability for fault.】

第一章 中国商法的结构 单元测试

1、 问题:Which one of the following is regulated by the Contract Law？
选项：
A:A、The agreement concluded between husband Lee and his wife turning a premarital personal house into a joint estate.
B:B、The Divorce Agreement signed between husband Lee and his wife.
C:C、The Child Adoption Agreement signed between Lee and Zhang.
D:D、The Guardianship Agreement between Lee and Zhang.
答案: 【A、The agreement concluded between husband Lee and his wife turning a premarital personal house into a joint estate.】

2、 问题:Which one of the following reasons does not affect the formation of a contract?
选项：
A:A、There is no consensus between the parties over the essential terms of the contract.
B:B、There is preliminary negotiations but no mutual assent reached.
C:C、The contracting parties did not reach an agreement on non-materials terms.
D:D、The manifestation of intent between the contracting parties are unanimous on the essential terms of the contract.
答案: 【C、The contracting parties did not reach an agreement on non-materials terms.;
D、The manifestation of intent between the contracting parties are unanimous on the essential terms of the contract.】

第六章代理合同（2） 单元测试6

1、 问题:Fang, Li, Liu and Zhang signed a loan contract, saying that: “Fang borrows 1 million yuan from Li, Liu mortgages his house to Li, and Zhang guarantees for this loan.” Everyone signed except Li. Liu gave the property ownership certificate to Li, promising to complete the mortgage registration a few days later. After Li handed over the 1 million to Fang, Fang did not pay it back on due date. Which of the following is correct? 
选项：
A:A、The loan contract is not formed.
B:B、Fang should return it as unjust enrichment.
C:C、Zhang should assume the responsibility as a guarantor.
D:D、Liu has no obligation to complete the mortgage registration.
答案: 【D、Liu has no obligation to complete the mortgage registration.】

2、 问题:A and B are married, and had one house property registered under A’s name. B borrowed 1 million yuan from C and concealed this fact to A. B mortgaged the house to C. When B signed the mortgage contract and registered the mortgage, B illegally used A’s signature and signed for A. Now, A claims that the loan and mortgage contract are invalid. Which of the following is correct?
选项：
A:A、The mortgage contract is invalid.
B:B、The loan contract is invalid.
C:C、A has an obligation for the repayment of 1 million loan because he has joint liability.
D:D、A may plea for revoking of C’s right to mortgage.
答案: 【D、A may plea for revoking of C’s right to mortgage.】

第七章 租赁合同 单元测试7

1、 问题:A rented out his house and courtyard facing the street to B, and B used it as an automobile repair shop. With A’s permission, B expanded, at his own expanses, several houses for automobile painting. When B was submitting an application to the authorities for expanding the building, he found that all the properties A rented out was not approved by the Urban Planning Department, meaning that all are unauthorized construction. Which of the following is true? 
选项：
A:A、The lease contract is invalid.
B:B、A and B shall jointly bear the costs for expanded construction, because both are in fault in doing so.
C:C、B can cancel the lease contract, because A did not inform B that the house is unauthorized construction.
D:D、B can continue to perform the contract waiting for the relevant authorities to confirm that the house is unauthorized and affecting his use of the building, then he can claim for liability for breach of contract.
答案: 【A、The lease contract is invalid.;
B、A and B shall jointly bear the costs for expanded construction, because both are in fault in doing so.】