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Contract law simulation test questions

I. Indefinite choice questions

1. Which of the following words is an offer?

A said to B, who has always wanted to buy stamps for the Year of the Monkey, "I'm thinking about whether to sell this stamp to you."

B, a construction company sends a fax to a cement factory, the fax content is: "Please send 20 tons 150 cement to our company as soon as possible."

C. Zhang San, a college student, sells IC cards through work-study programs. He distributed sales leaflets in all student dormitories, which read "10% discount for IC cards in 30 yuan with face value of 100 and 50. Please call 19 1-88888 if necessary".

D Liu Zhao always wanted to buy an original Huang Tingjian handed down by his friend Guo Qizu, but Guo Qizu refused to cut and sell it. One day, two people drank * * *, and they were both a little drunk. Liu Zhao provoked each other with words, saying that Guo Qi didn't understand calligraphy, but he refused to sell Huang Tingjian's original works. Guo Qi was overwhelmed by Liu Zhao and said, "Well, you take 300,000 yuan, and this painting is yours."

2. In which of the following cases, the contract has been established?

Party A and Party A said to Party B, "I will sell you my copy of China Civil Law edited by Professor Tong Rou for 8 yuan. Do you want it? " B said, "OK, it's a deal."

B Lenovo Computer Company signed a contract with a sales company to sell 500 Lenovo Dr. 2000 computers. All the terms of the contract have been negotiated and printed, and each party holds one copy, but they are not signed and sealed. Lenovo quickly shipped 500 Lenovo Doctor 2000 computers to the sales company.

C A supermarket sent a fax to a food factory, which said, "Please send 20 boxes of instant noodles with uniform beef flavor to our company quickly." The food factory immediately sent a car to deliver 30 boxes of instant noodles with uniform beef flavor.

D Guo called Ma and said, "I decided to sell you the pearl you want to buy yesterday, 8,000 yuan." Ma said, "I'll discuss it with my wife and give you an answer tomorrow." The next day, Ma sent an email to Guo, saying, "I decided to buy your pearls for 8000 yuan. Please send them as soon as possible. "

3. In all Kodak photo studios, the words "1" are displayed in very small font above the seal of the paper bag containing photos. In case of accidental damage or loss, only the same number of similar films will be compensated. 2. If the photos are not collected after three months from the date of printing, the order will be handled by our company at will. 3. In case of mechanical failure, power failure or water problems, the company has the right to postpone the collection time. Excuse me, the correct way to evaluate the effectiveness of these three tips is ()

First, these three tips are standard terms and should be invalid:

B, although these three tips are all format terms, only the first one is invalid;

C. Articles 1 and 2 are invalid:

D. Articles 1 and 3 are invalid;

4. Which of the following circumstances can apply to the provisions of the contract law on liability for fault in contracting?

A rented B's house at No.30 Xingfu Lane for three years, during which letters from relatives and friends were sent here. After the lease expires, Party A does not continue to rent Party B's house, and Party B bears a grudge. After A left, some letters from B were sent to No.30 Xingfu Lane. B threw all these letters into the dustbin, and when A came to ask, he told him that he had not received them.

B, Zhang San went to the streets to do business one day. Because of an emergency, he cut through a supermarket. It happened that the supermarket was repairing the underground pipeline and dug a hole in the ground. Because the repairman went to get the materials, he threw some cardboard into the pit temporarily. Zhang San just stepped into the pit and fell in and broke his calf.

C. Aunt Li took her 5-year-old son Xiaoheizi to the supermarket for shopping. When Xiao Heizi went to the cashier to help her mother pack her shopping, she stepped on a cabbage leaf and fell down, and two front teeth were knocked out.

D. Hailadong blinded a patient's red deer with ointment and sold it to Zuo Wuhai. Zuo bought it back and died less than two days later.

5. Which of the following contracts are legal and valid?

A. Li, a pupil aged 13, bought a plastic toy pistol from Aunt Wang of a small food store near the school.

B. Zhang, a 20-year-old college student, secretly sold his father's stamp album to Ge Mou, a stamp dealer, in order to have money to invite the beautiful girls in his class to high-end bars.

C. A county native product company sent a salesman Ren to a city to buy dried fruits. The letter of introduction issued by the company said: "I hereby send our salesman Ren to contact your company to buy dried fruits." When Ren arrived at his destination, he found that the local bananas were of high quality and low price, so he signed a sales contract with the municipal fruit company in the name of the county native products company. After bananas were shipped to the county native products company, the native products company refused to accept them:

D. The contract signed by Party A and Party B stipulates that "as long as the sun rises in the west, Party A may not return the 1 0,000 yuan owed to Party B".

6. Company A and Company B (a construction enterprise) signed a sales contract in April 1997, stipulating that Party A would provide Party B with construction cement 100 tons on August 30/997. At the beginning of May of the same year, there was a flood disaster in the location of Company A, and Company A failed to inform Company B of the disaster. At the end of August of the same year, Company B urged the delivery, but Company A failed to deliver it. On September 30th of the same year, Company A delivered the goods and sent a letter to Company B explaining the fact that the delivery was delayed due to the flood. Company B delayed receiving cement, which affected the project progress and was fined 65,438+0,000 yuan by the owner. The correct statement about this case is: ()

A, A company delays the delivery due to force majeure, and does not bear the loss of B company being fined 65.438 million yuan+0,000 yuan.

Party B and Company A are only partially liable for the fine of 1 000 yuan imposed on Company B due to the delay in delivery due to force majeure.

C. After obtaining the certificate from the competent department about the disaster, Company A is exempted from the responsibility of compensating Company B for the loss of 1 000 yuan.

D if company a fails to inform company b in time that the factory can't deliver the goods on time, it shall bear the loss to company b 1 1,000 yuan.

7. In the absence of special provisions in laws and contracts, which of the following circumstances occurs, one party has the right to terminate the contract?

1. The other party is in breach of contract;

B, force majeure events, so that the purpose of the contract can not be achieved:

C. One party delays the performance of the debt and fails to perform the contract within a reasonable period after being urged;

D. Loss of the subject matter of a contract with a specific object as the subject matter;

8. Party A entered into a contract with Party B, stipulating that Party A would deliver the goods on 1, August, 0997, and Party B would pay on August 7 of the same year. At the end of July, Party A found that Party B's property was deteriorating, unable to pay for the goods, and had definite evidence, and proposed to terminate the contract, but Party B refused. Based on the above factors, Party A failed to deliver the goods on August 1 day as agreed. According to the contract law, the correct expression of the case is:

A. Party A has the right not to deliver the goods as agreed in the contract. Unless Party B provides corresponding guarantee;

B. Party A has no right to fail to deliver the goods as agreed in the contract. However, Party B may be required to provide corresponding guarantee;

C. Party A has no right not to deliver the goods as agreed in the contract, but may deliver part of them first;

D. Party A shall deliver the goods as agreed in the contract. If Party B fails to pay, it may be held liable for breach of contract;

9. Which of the following contracts are invalid?

Party A, Party A and Party B entered into a racing car sales contract, but the car was stolen at that time;

B, 9-year-old A sells the remote-controlled toy car to 8-year-old B for 100 yuan;

C. Liu Hewan, a middle school student, agreed before fighting for their favorite girl that they would bear the consequences if there were casualties.

D, money lost to Ge 60,000 yuan because of gambling, because there was no money at that time and I wrote an iou.

10. Party A and Party B owe each other debts, and there is no order of performance. One party has the right to refuse the performance requirements of the other party before its performance, and the other party has the right to refuse its corresponding performance requirements when the performance of the other party does not conform to the contract. What right is this in our contract law?

A, first perform the right of defense B, first sue the right of defense C, and at the same time perform the right of defense D, uneasy right of defense

1 1. Company A enters into a sales contract with Company B, and Company A sells 1000 tons of rice to Company B, with payment first and delivery later; Company B signed a sales contract with Company C, and Company B sold rice 1000 tons to Company C, and paid after the goods arrived. In order to save transaction costs, Company B and Company A reached a supplementary agreement on the sales contract after consultation, that is, Company A directly sent the rice to the location of Company C. On the eve of Company B's loan to Company A, which was about to perform the contract, Company B learned that Company C was a leather bag company specializing in fraud activities, so it immediately sent personnel to Company A to ask the company not to send rice to Company C for the time being. Company A ignored it and still sent the rice to Company C. Company C fled every day after getting the rice. Which of the following statements is true?

A. If Company A violates the obligation of assistance and protection in the performance of the contract, it shall be liable for breach of contract;

Company b and company a do not assume any responsibility;

C. If Company A violates the obligation of assistance and protection in the performance of the contract, it shall bear the liability for contracting fault;

D and B companies are uneasy to perform their right of defense;

12. What conditions should a creditor meet when bringing a suit of subrogation according to Article 73 of the Contract Law?

First, the creditor's right to the debtor is legal:

B. The debtor's delay in exercising the due creditor's rights causes damage to the creditor;

C, the debtor's creditor's rights have expired;

D the debtor's creditor's rights do not exclude the debtor's own creditor's rights;

13. In the subrogation system of contract law, which of the following creditor's rights cannot be exercised by creditors?

A, based on dependency, dependency, dependency and inheritance;

B. the right to claim compensation for personal injury;

C, labor remuneration, pension, pension, resettlement fees;

D. life insurance;

14. Which of the following contracts can be legally transferred?

A, a lawyer exam tutorial class invited Professor B to give a lecture, and Professor B agreed. Professor B was on a business trip on the day of the lecture, so he asked his doctoral students to do it for him.

Company B.A and Company B of the United States have a Sino-foreign joint venture. After the contract is approved by the relevant departments, Company A transfers the contractual rights and obligations to Company C;

C. Creditor Wang, in urgent need of money to go abroad, transferred the creditor's right of 20,000 yuan owed by debtor Ge to Liu at the price of 15000, and Wang called Ge to tell him about it;

D and D have the mortgage on C's house, provide guarantee for his brother-in-law to borrow money from the bank, and transfer the mortgage to the bank:

15. The rights and obligations under this contract shall be terminated under any of the following circumstances?

1. Debtor Li returned the amount owed to Wang 1 10,000 yuan;

B, Zhang San owed his younger brother Zhang Er20,000 yuan and died in a car accident soon. Zhang San is the sole heir of Zhang Er;

C. Party A borrowed 30,000 yuan from Party B for one year, but after four years, Party B didn't ask Party A for money;

D. Party A repaid two cases of beer owed to Party B, but Party B refused to accept it. Party A left the beer outside Party B's door and was stolen by beggars;

16. Which of the following statements is correct for the undertaker of the risk of damage or loss of the subject matter of the contract?

A. When the debtor performs the debt and the creditor refuses to accept it without justifiable reasons, the risk of damage or loss of the subject matter is transferred to the creditor;

B, although the seller has delivered the subject matter to the buyer, but failed to deliver the documents and materials related to the subject matter as agreed, the risk of damage or loss of the subject matter is still borne by the buyer;

C. Unless otherwise agreed by the parties, if the seller sells the subject matter delivered by the carrier in transit, the risk of damage or loss of the subject matter shall be borne by the buyer from the time the contract is established;

D. In the contract of carriage of goods, the carrier shall bear the risk of damage or loss of the goods transported in the course of transportation;

17. In which of the following cases, the non-breaching party can only demand damages from the breaching party, but not actual performance?

A, The Forbidden City Film Company signed a contract with a famous youth idol actor and invited him to be the difficult protagonist in the TV series "Sword with Royal Blood". Soon, it was learned that the audience was extremely dissatisfied with the performance of a martial arts TV series in which the actor played the leading role, and the film company officially started shooting, only taking the actor as an unimportant supporting role;

B, Zhang asked a famous sculptor to carve a famous seal for a piece of royal bloodstone, and the sculptor's naughty little grandson accidentally broke the stone;

C Gao Nan and Guo Nv booked 20 wedding banquets in a hotel to prepare for their wedding, but on the wedding day, the hotel did not prepare these 20 wedding banquets at all.

D. Both parties conclude a sales contract with something as the subject matter, and the buyer delays the delivery, and soon the national laws and regulations prohibit the sale of this thing;

18, the so-called force majeure refers to the objective situation that meets which of the following conditions?

A, unpredictable; B, any rational person can't foresee:

C, insurmountable; D, inevitably:

19. What is the correct description of this term in the contract law?

One, the debt preservation system-the right to cancel the exercise of one year, belonging to the scheduled period;

B. The time limit for applying for arbitration in disputes over technology import and export contracts shall be in accordance with the relevant provisions of the General Principles of Civil Law:

C. The time limit for bringing a lawsuit for disputes over contracts for the international sale of goods is four years; —

D, the donor's right of revocation shall be exercised for one year;

20. In which of the following cases, when the victim files a lawsuit, he can ask the other party to bear the liability for breach of contract according to the contract law, or he can ask him to bear the liability for tort according to other laws?

Party A and Party A sold toxic feed to Otsuichi, and all the chickens fed by Party B died;

B, anonymous went to the beauty salon to cut his double eyelids for beauty. Because the beautician's operation failed, the female eye became a fish bubble eye;

C. Wang's friend Li got married. Wang bought a TV set from the mall and gave it to Li. When Li was debugging the TV, the TV suddenly exploded, and Li's eyes exploded.

D, 20 tons of first-class white sugar sold by a sugar factory to a food company are mixed with 5 tons of second-class white sugar;

2 1. Which of the following protocols is legal and valid?

A. Party A and Party B agree that if Buyer B fails to pay the price, the ownership of the subject matter shall belong to Seller A;

B, the mortgagee and the mortgagor agreed in the contract, the debtor fails to repay the debt, the ownership of the mortgaged property directly belongs to the mortgagee;

C. Party A sells an old Hongdu motorcycle given to him by a friend to Party B at a low price, and agrees not to take any responsibility for the quality of the motorcycle;

D, a computer company and a customer agreed to send a computer of the company to the customer for trial use. If the customer does not return the computer within 5 days, it means that he has decided to buy the computer:

/kloc-0 On February 22nd, 2000, Zhang San told Li Si, "If you are admitted to the doctoral program of Renmin University, I will give you my pocket electronic dictionary." On March 5th, Zhang San lent Li Si a pocket electronic dictionary to review English for Li Si's exam. On May 20th, Li Si was admitted as a doctoral student by Renmin University. However, due to the post office delivery problem, Li Si did not receive the doctor until June 10.

A, February1; B, March 5; C, May 20th: D, June 10:

23. Party A in City A and Party B in City B entered into a sales contract, stipulating that the seller A would sell 500 boxes of Jingdezhen high-grade porcelain to Party B, and Party A would be responsible for the transportation. The convoy should start from City A on July 10. Hou Jia didn't call Party B until July 12 to inform Party B that the motorcade had just left and was transporting porcelain to the second place in B city. B said that the porcelain didn't need to be delivered because Party A breached the contract and requested to cancel the contract. At this moment, Ding of C city told A that 400 boxes of Jingdezhen high-grade porcelain were urgently needed, so A contacted the team captain through his mobile phone and immediately drove five cars to C city with 400 boxes of porcelain, and the remaining two cars drove back to A city. The motorcade happened to encounter a flash flood on the way to C city, and all 400 boxes of porcelain were destroyed. Two cars driving back to City A were stopped by highwaymen and took 60 boxes of China. Who will bear the risk of damage to 400 boxes of porcelain?

motorcade

24. In the above case, who is responsible for the risk of being stopped by a roadblock and taking away 60 boxes of porcelain?

a，a； b，b； C. motorcade; D. Party A, Party B and the motorcade shall share it fairly;

25. In which of the following cases, the donor can revoke the gift before the right to donate the property is transferred?

Party A presented a landscape painting of China to Party B's foreign friends.

B.Ge donated 500 computers to China Youth Development Foundation;

C during the flood control in 1998, a company donated 65,438+0,000 movable tents to the victims:

D and A promise to send B a Mercedes-Benz sports car on their wedding day;

26. What is the correct description of the lease contract?

A, Party A and Party B orally conclude a lease contract, the lease term is one year, and since it is not in written form, it shall be deemed as an indefinite lease;

B the lease term does not exceed 20 years, but it can be extended indefinitely after the expiration;

C. If both parties to the lease contract fail to reach an agreement on the rent, the lease contract will not take effect:

D. If both parties to the lease contract fail to reach an agreement on the rent, the lease contract will not take effect;

27. Wan rented a house for one year in June 5438+10. Half a year later, Wan went abroad. When the lease expired, Guy made no statement. In March of the following year, Wan came back and Gai asked Wan to move out immediately. Which of the following options is wrong?

A. If both parties fail to renew the contract, the lease relationship will be terminated.

B. From June B.5438 to March of the following year, the relationship between the two parties was still a lease contract, and Wan still had to pay the rent;

C. When Wan came back in March the following year, Gai could not ask Wan to move out immediately.

D from June 5438+the following year 10, if the lessor does not raise any objection at the expiration of the lease term, the original one-year lease contract will be terminated and a new lease contract will be generated, but the lease term will be indefinite.

28. Unless otherwise agreed by the parties, the rent of a financial lease contract shall be determined according to most or all of the cost of purchasing the lease item and which of the following?

First, the bank deposit interest for the same period; B, the lessor's legitimate profits;

C, the lessee's legitimate profits d, the lessor's reasonable profits;

29. The following belong to the contract?

A.A Company conducts jewelry appraisal for B Company;

B, a printing factory produces exquisite picture books for a law school;

C, Tsinghua University celebrated its 90th anniversary, and hired 50 interpreters from Beijing Foreign Studies University;

D. A construction company built a multi-functional gymnasium for Renmin University;

30. Which of the following statements is correct about the civil liability in the contract?

A the contractor shall be liable for compensation for damage to the materials provided by the ordering party due to improper storage:

B, in the absence of special agreement, * * * and the contractor shall be jointly and severally liable to the ordering party:

C, the contractor found that there was something wrong with the drawings provided by the ordering party, and continued to complete the work without timely notifying the ordering party, which led to the ordering.

The contractor shall compensate the loss of the person;

D the ordering party may terminate the contract at any time, but if the ordering party causes losses, the ordering party shall compensate;

3 1, A construction company signed a construction contract with B food factory, in which A construction company built a family building for B food factory, with a total project cost of 25 million yuan. After the project was completed as scheduled, the food factory was unable to pay the project due to operating losses. According to the Contract Law, which of the following ways can a company choose to realize its creditor's rights?

A. one is to urge food factory b to pay the price within a reasonable period;

B if the payment is not made within the time limit, you can directly apply to the people's court for auctioning the family building:

C, you can also negotiate with food factories to build a building at a discount;

D, the price of the building sold by the construction company is distributed to other creditors of the food factory in proportion;

32. A party sells a Panasonic brand household washing machine to a consignment shop. Which of the following statements is true?

A. Unless specifically agreed by Party A, Store B cannot buy washing machines by itself;

B. If Party B sells washing machines at a price higher than that specified by Party A, the higher part belongs to Party B's income, and Party A does not need to pay any remuneration to Party B separately;

C. Party A specifically told Party B not to sell the washing machine to its rival Party C. As long as Party C's bid meets the requirements, Party B can completely ignore Party A's impulsive behavior without any economic consideration.

D. If Party B fails to sell Party A's washing machine within the time limit agreed by both parties, Party A may take back the washing machine without paying remuneration;

33. Party A is on a business trip to Hong Kong, and Party B entrusts it to buy an IBM notebook computer. When A came back from a business trip, he bought an IBM notebook computer for B, worth 15000 yuan. When A sent the laptop to B's house, B's wife C said that B had died in a car accident and the laptop was no longer used. But Party A already has a laptop, please accept it. Which of the following statements are correct about this matter?

A. The entrustment contract between Party A and Party B is terminated due to the death of one party, and Party C can completely refuse to accept the computer;

B. Since Party C failed to inform Party A in time not to buy a notebook computer after Party B's death, Party C must accept the computer purchased by Party A:

C. If Party C accepts the computer, the entrustment contract between Party A and Party B is changed to the entrustment contract between Party A and Party C, and the contractual rights and obligations are transferred accordingly;

D, only when Party C does not agree to receive the computer, the entrustment contract between Party A and Party B is terminated due to the death of one party;

34. The following contracts can be secured by lien:

A. Intermediary contract B. Construction project contract C. Professional contract D. Contract:

35. What are the following statements about the similarities and differences between brokerage contracts and intermediary contracts?

A. In an intermediary contract, the broker does not participate in the contractual relationship between the principal and the third party, but the broker directly enters into a contract with the third party.

And enjoy rights and obligations;

B. The expenses of intermediary activities shall be borne by the trustee-trader, and the expenses of handling entrusted affairs shall be borne by the trustee-trader, unless otherwise agreed in the contract;

C. Intermediary contracts and brokerage contracts are paid contracts;

D, the broker can get remuneration from the client and its counterpart, the broker can only ask the client to pay remuneration:

36. The following statement about the relationship between brokerage contract and entrustment contract is correct.

1. The trustee enters into a contract with a third party in the name of the principal, and the trustee-trader enters into a contract with a third party in its own name:

B. The expenses paid by the trustee for handling the entrusted firm in the entrustment contract shall be borne by the client, and the expenses paid by the broker for handling the entrusted affairs shall also be borne by the client unless otherwise agreed in the contract;

C disciplinary contracts and entrustment contracts are paid contracts;

D both the entrustment contract and the brokerage contract have the obligation of the trustee or the broker to hand over and report the consequences of handling affairs:

37. Which of the following statements about the entrustment contract is correct?

1. Under any circumstances, the agent may not entrust the entrusted affairs to others without the consent of the principal. Otherwise, the trustee shall be responsible for the behavior of the entrusted third party;

B. When an agent enters into a contract with a third party in his own name, if the third party does not know the agency relationship between the agent and the principal, and the agent fails to perform the obligations to the principal due to the third party, the agent shall disclose the situation of the third party to the principal, so that the principal can exercise the rights of the agent to the third party.

C. If the trustor exercises the trustee's rights to a third party, the third party may defend the trustee against the trustor;

D, the trustee can only engage in entrusted affairs in the name of the principal, otherwise the contract concluded with the third party is invalid;

Reference answer

I. Indefinite choice questions

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