题目内容（请给出正确答案）

[主观题]

Seafood Co and Family Mart entered into a sales contract for a shipment of 10,000 packages

of tinned food. The sales contract stipulated that Seafood Co was responsible for delivering the goods to Family Mart’s place of business, and an amount of RMB 50,000 yuan was agreed upon to be liquidated damages for breach of contract.

After the conclusion of the contract, Seafood Co entrusted Links Logistics Co to carry the goods to Family Mart. However, Links Logistics Co only shipped 5,000 packages to Family Mart on time. During transportation of the rest of the goods, 1,000 packages got wet in the heavy rain and arrived at Family Mart’s place of business 10 days late. Required: In accordance with the Contract Law of China:

(a) Explain whether Family Mart was entitled to refuse to accept all the 10,000 packages of goods. (2 marks)

(b) Explain whether Seafood Co could be exempted from liabilities caused by Link Logistics Co in the process of transportation. (2 marks)

(c) Explain whether Family Mart was entitled to claim the RMB 50,000 yuan liquidated damages. (2 marks)

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更多“Seafood Co and Family Mart ent…”相关的问题

第1题

Mr Ma and Ms Yang entered into a loan agreement and a security agreement, under which Mr M

a would provide his truck as the mortgage to Ms Yang for borrowing RMB 200,000 yuan. However, they failed to register the mortgage agreement.

Several months later, Mr Ma borrowed another RMB 200,000 yuan from Mr Lee and delivered his truck as the pledge to Mr Lee. The two parties then registered the pledge agreement.

Upon the expiration of the loan agreements, Mr Ma was unable to repay the capital and interest. A dispute occurred between Ms Yang and Mr Lee, since they intended to exercise the right of guarantee simultaneously.

Required:

In accordance with the Property Law of China:

(a) Explain whether the mortgage agreement between Mr Ma and Ms Yang came into effect. (2 marks)

(b) Describe when the right of pledge between Mr Ma and Mr Lee was established. (2 marks)

(c) Explain who should be repaid in priority if the truck was auctioned. (2 marks)

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第2题

What is jurisdiction by designation?A.The jurisdiction agreed by the parties in their cont

What is jurisdiction by designation?

A.The jurisdiction agreed by the parties in their contract to hear their disputes

B.The jurisdiction authorised by the people’s court at a higher level to try cases of first instance

C.The jurisdiction decided by people’s courts at the same level, if all these courts have jurisdiction over a particular case

D.The jurisdiction decided in accordance with the location of the subject matter

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第3题

Which of the following statements about the delivery of movables is correct?A.The assignme

Which of the following statements about the delivery of movables is correct?

A.The assignment of rights in vessels and aircrafts, if unregistered, shall not be enforced against a third party in good faith

B.The creation of rights in movables shall not become effective upon delivery

C.The assignment of rights in vessels and aircrafts shall not become effective without a registration

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第4题

Which of the following courts may set up several tribunals in the area under its jurisdict

ion, according to the conditions of population and number of cases?

A.Basic people’s court

B.Intermediate people’s court

C.Higher people’s court

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第5题

According to the Enterprise Bankruptcy Law, where an enterprise is unable to pay off its d

ebts, the relevant parties may reach an agreement for rectification, rather than immediately liquidating the debtor’s assets. Which of the following may apply to the court for rectification?

A.Debtors

B.Creditors representing 5% or less of the total creditors’ rights

C.The bankruptcy administrator

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第6题

Which of the following is a fraudulent behaviour in the management of companies?A.A listed

Which of the following is a fraudulent behaviour in the management of companies?

A.A listed company issuing corporate bonds relying on documents with false information

B.A securities company using the internet to disseminate false information to investors

C.A shareholder of a company making a false payment of capital contribution

D.A listed company providing misleading information to the securities market

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第7题

According to the Securities Law, where an investor takes over a listed company through the

securities market, for how long after the completion of the takeover must shares held by the purchaser not be sold?

A.One month

B.Three months

C.Six months

D.Twelve months

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第8题

Which of the following is NOT a condition for a limited liability company to issue publicl

y corporate bonds?

A.The value of its net assets shall not be lower than RMB 30,000,000 yuan

B.The average distributable profits of the company for the past three years must be sufficient to pay the interest on the corporate bonds for one year

C.The funds to be raised must be invested in conformity with the industrial policy of the State

D.The accumulated balance of the bonds shall not exceed 40% of the value of the net assets of the company

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第9题

According to the Securities Law, which of the following persons who is deemed to have know

ledge of inside information is prohibited from taking advantage of it to engage in securities trading?

A.Any shareholder who holds at least 3% of the shares in a listed company

B.Any staff member of a listed company

C.Any director, supervisor or senior executive of a listed company

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第10题

What is the maximum period for publicly issuing securities on the securities market?A.90 d

What is the maximum period for publicly issuing securities on the securities market?

A.90 days

B.60 days

C.30 days

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