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[主观题]

In January 2011 Department Store entered into a sales contract with Appliance Co to buy 10

0 refrigerators from the latter at a price of RMB 3,000 yuan/piece, total price being RMB 300,000 yuan. The payment would be made in two instalments: 100,000 yuan as advance payment to be paid after the conclusion of the contract, and the remaining 200,000 yuan to be paid in April 2011. Upon receiving the advance payment Appliance Co would deliver all the products. After the conclusion of the sales contract, Department Store made the first payment of 100,000 yuan and received all the products delivered by Appliance Co.

In the same month, Appliance Co intended to rent a space of 100 m2 from Department Store to exhibit its other appliance products. For this purpose the two parties entered into a rental agreement and agreed upon the following terms and conditions: the term of rental would be one year as from January to December 2011; the total rental would be RMB 400,000 yuan and be paid RMB 100,000 yuan quarterly within the first 10 days of January, April, July and October.

At the end of March 2011 Appliance Co sent Department Store a written notice, stating that it would set off its rental of RMB 200,000 yuan for the second and third instalments with the remaining price of 200,000 yuan for the refrigerators.

Required:

Answer the following questions in accordance with the relevant provisions of the Contract Law, and give your reasons for your answer:

(a) state the nature and different forms of set-off as presented by Appliance Co to Department Store; (4 marks)

(b) state the conditions to be met by Appliance Co when it was claiming the set-off of credit and debt with Department Store. (6 marks)

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更多“In January 2011 Department Sto…”相关的问题

第1题

Mr Liu entered into an agreement to buy a second-hand car from Mr Feng at a price of RMB 5

0,000 yuan. After the conclusion of the agreement, Mr Liu paid the price and Feng delivered the car to Mr Liu. The two parties, however, did not register the sale of the car. Following the sale Mr Liu took the car to a repair shop to repair the air conditioner. After the completion of the repair and on the way home, a fire accident occurred due to the defect of the air conditioner and caused serious damage to the car.

Mr Liu returned to the repair shop claiming compensation for the defect of the air conditioner. The repair shop insisted that it was not liable for the fire accident and the resulting damage to the car. In addition, after retrieval of the data from the local vehicles registration centre, the repair shop found that the registered owner of the car was still Mr Feng, not Mr Liu. Under such a situation it refused to discuss the dispute any more with Mr Liu, on the ground that he was not a legitimate owner of the car. When Mr Liu asked Mr Feng to negotiate with the repair shop, Mr Feng was reluctant to do so on the ground that the transaction between them was over since he had duly delivered the car to Mr Liu.

Required:

Answer the following questions in accordance with the relevant provisions of the Property Law, and give your reasons for your answer:

(a) state the rule as to the passing of ownership for a car as a kind of movables, and the effect of the agreement between the two parties; (4 marks)

(b) state who should be the legitimate owner of the car; (4 marks)

(c) state whether the repair shop should be liable for the damaged car if the fire was caused by the defect of the air conditioner. (2 marks)

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第2题

In relation to the Securities Law of China:(a) state, and explain the duties of, the relev

In relation to the Securities Law of China:

(a) state, and explain the duties of, the relevant personnel of a listed stock company who are responsible for the disclosure of information in the company’s regular reports; (4 marks)

(b) state the legal liabilities of an issuer, a listed stock company and the relevant personnel for failing to disclose information, or disclosing false, misleading or omitted information. (6 marks)

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第3题

In relation to the Enterprise Bankruptcy Law of China:(a) state the rules on the circumsta

In relation to the Enterprise Bankruptcy Law of China:

(a) state the rules on the circumstances to declare the creditor’s right, including what is not required to be declared; (4 marks)

(b) state the rules with respect to joint and several creditors/debtors during the course of declaration of the creditor’s right. (6 marks)

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第4题

In relation to the Company Law of China:(a) state the circumstances under which a joint st

In relation to the Company Law of China:

(a) state the circumstances under which a joint stock company may purchase its own shares; (6 marks)

(b) state the reasons why a joint stock company is generally not allowed to purchase its own shares, except under special circumstances. (4 marks)

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第5题

In relation to the Contract Law of China:(a) explain the term ‘liquidated damages’, and st

In relation to the Contract Law of China:

(a) explain the term ‘liquidated damages’, and state the legal nature of them; (2 marks)

(b) state the rules relating to the award of liquidated damages; (6 marks)

(c) state the rule relating to the award of liquidated damages for delay in performing the contractual obligation. (2 marks)

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第6题

In relation to the Labour Contract Law of China:(a) explain the circumstances that make a

In relation to the Labour Contract Law of China:

(a) explain the circumstances that make a labour contract invalid or partially invalid in the process of concluding it; (3 marks)

(b) explain the provisions contained in a labour contract that would be regarded as invalid or partially invalid; (3 marks)

(c) state the provisions concerning liquidated damages for breach of a labour contract by an employee that may be incorporated into a labour contract. (4 marks)

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第7题

In relation to the Property Law of China:(a) explain the term ‘right to use the land for c

In relation to the Property Law of China:

(a) explain the term ‘right to use the land for construction’; (3 marks)

(b) state the forms to establish the right to use the land for construction; (3 marks)

(c) state the various forms of disposal in relation to the right to use the land for construction by the owner of such a right. (4 marks)

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第8题

In relation to the basic legal system of China:(a) explain the roles of judicial interpret

In relation to the basic legal system of China:

(a) explain the roles of judicial interpretations made by the Supreme People’s Court; (6 marks)

(b) state any one of the rules regarding the validity of a contract provided for in the judicial interpretations on the Contract Law by the Supreme People’s Court. (4 marks)

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第9题

Due to the failure to settle the debts due, Jianshe Garment Trading Co Ltd (Jianshe Co) wa

s declared bankrupt by its creditors. In October 2010 the court rendered an order to accept the application of bankruptcy and designated a bankruptcy administrator. During the process of bankruptcy liquidation the bankruptcy administrator found that Jianshe Co had given up a credit of RMB 200,000 yuan owed by its affiliate enterprise in August 2009.

The bankruptcy administrator also found that some shareholders of Jianshe Co failed to made full capital contributions as prescribed in the agreement of incorporation.

Required:

Answer the following questions in accordance with the Enterprise Bankruptcy Law of China, and give your reasons for your answer:

(a) (i) State whether the action of giving up credit can be revoked during the process of liquidation; (4 marks)

(ii) State whether the court should grant an order to revoke the act of giving up credit. (3 marks)

(b) State how to deal with the matter of the lack of full capital contributions by some of the shareholders of Jianshe Co. (3 marks)

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第10题

In October 2008 Ronger Properties Joint Stock Co successfully issued corporate bonds of RM

B 12 million yuan for three years. By the end of 2010 the net assets of Ronger Properties Joint Stock Co were RMB 80 million yuan. During the past two years it has been able to repay the interests due for the corporate bonds.

In order to expand its business, the board of directors of Ronger Properties Joint Stock Co adopted a resolution intending to issue another set of corporate bonds to the public investors.

Required:

Answer the following questions in accordance with the relevant provisions of the Securities Law of China, and give your reasons for your answer:

(a) State the maximum amount of corporate bonds Ronger Properties Joint Stock Co could issue for the proposed issuance. (5 marks)

(b) State whether the proposed issuance of corporate bonds should be underwritten by an underwriting syndicate. (4 marks)

(c) State the statutory period of underwriting for the proposed issuance. (1 mark)

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