(1) a performance company and the "Blackbeard" four-member singing group entered into a performance contract, agreed that the group in a party to sing 2-3 self-written songs, 20,000 yuan for each song. What type of debt relationship was established?
A. Specific Debt
B. Single Debt
C. Choice Debt
D. Statutory Debt
(2) Which of the following constitutes uncaused management? (Multiple Choice)
A. A mistakenly kept another person's cow as his own
B. B saw a fire in his neighbor's house and feared that it would affect his own house, so he put out the fire with his own fire extinguisher
C. C (15 years old) rented a car to take his classmate, who had fainted in the physical education class, to the hospital for medical treatment
D. D. D. saw that the cover of the sewer well on the road in front of his house had been stolen causing the passerby to fall down and get hurt, so he purchased his own cover and laid it on
D. D. A man was injured in a fall because of the theft of a manhole cover
E. A woman was killed in the street in front of her house. pavement
(3) Chen went out during a fire at home, the neighbor's 10-year-old daughter Liu called neighbors to put out the fire, and take their own clothes to participate in fighting the fire. In the process of fighting the fire, Liu's hand burns, spending 200 yuan in medical expenses, clothing loss of 100 yuan. Which of the following statements is correct?
A. Chen should reimburse Liu 100 yuan
B. Chen should reimburse Liu 200 yuan
C. Chen should reimburse Liu 300 yuan
D. Chen is not required to compensate Liu
(4) Zhang found that his payroll card more than 20,000 yuan, it will be 10,000 yuan of them lent to Guo, the interest rate agreed to 500 yuan; the other 10,000 yuan Into the stock market. Zhang's unit checking the accounts found that this is due to financial personnel errors, and then asked Zhang to return. It is found that the 10,000 yuan lent to Guo has not been paid back when due, and the 10,000 yuan invested in the stock market has made a profit of 2,000 yuan. Which of the following options is correct?
A. Zhang should return 20,000 yuan to the unit
B. Zhang should return 22,000 yuan to the unit
C. Zhang should return 22,500 yuan to the unit
D. Zhang should return 20,000 yuan and its fruits
3.2 Establishment of the Contract
(5) Company A advertises through television that it has 100 cars of a certain model at a price of 150,000 yuan each, and the advertisement is valid for 10 days. Company B goes to Company A on the 5th day after the advertisement with its own bill of exchange to buy the cars, but by this time the cars have all been sold out and are not available. Which of the following options is correct?
A. A constitutes a breach of contract
B. A shall be liable for negligence
C. A shall be liable in tort
D. A shall not be liable for civil liability
(6) A intends to sell the house, asked B whether he would like to buy, B has always been superstitious, said to A: "If tomorrow morning at 7 o'clock on the roof of your house came up! magpies, I will offer 100,000 dollars to buy your house." A agreed. B went home and regretted it very much. The next morning at 7:00 a few minutes short of a group of magpies on the roof of A's house, B is about to drive the magpies away, A's unknowing son picked up a slingshot magpies away, to 7:00 no magpies fly again. Which of the following options is correct regarding the contract of sale of house between A and B?
A. The contract has not yet been established
B. The contract is invalid
C. B has the right to refuse to perform the contract
D. B should perform the contract
(7) A company on June 5, faxed to the B company to buy a machine tool, requesting an "immediate response". Company B replied on the same day. Company B on the same day replied "received the fax". 10 June, company A phone call, company B said it agreed to sell according to company A quoted price, to be June 15 to sign the contract. 15 June, company A went to the signing of the contract, company B asked for an increase in the price of the price, did not agree to, company B refused to sign the contract. Which of the following statements is correct in this regard?
A. The contract of sale was formed on June 5
B. The contract of sale was formed on June 10
C. The contract of sale was formed on June 15
D. Company A has the right to demand that Company B be held liable for negligence in contracting
3.3 Effectiveness of the Contract
(8) A is seriously injured by B, and pays the medical expenses of 50,000 yuan A and B reached the following agreement. A and B reach the following agreement: "B compensates A for the medical expenses of 50,000 yuan, and A shall not denounce B". After obtaining the 50,000 yuan compensation, A reports the case to the public security authorities, and B is later sentenced. Which of the following options is correct?
A. The agreement between A and B is valid
B. B has the right to revoke the agreement because of A's danger
C. The agreement between A and B is invalid
D. B has no right to ask A to return the 50,000 yuan of compensation
(9) prefer tennis and swimming Zhao Mou from the Hongda company to buy a set of commercial properties in a district, the handover of the house was found to be the time of purchase. Grand company sales department showed the model of the neighborhood tennis courts and swimming pools do not exist. It is found that there is no tennis court and swimming pool in the design of the neighborhood. Which of the following options are correct? (Multiple Choice)
A. Zhao has the right to ask for the return of the property
B. If Zhao asks for the return of the property, he has the right to request Hongda Company to bear the responsibility of contracting fault
C. If Zhao asks for the return of the property, he has the right to request Hongda Company to return the purchase price double
D. If Zhao does not ask for the return of the property, he has the right to request Hongda Company to bear the responsibility of defaulting on contracting
3.4 Contracts Performance of the contract
(10) A borrowed a color TV from B on February 3, and B borrowed a cell phone from A on February 6. Upon expiration, A failed to return the color TV to B, and B therefore refused to return the cell phone to A. Which of the following statements about B's behavior is false? (Multiple choice)
A. It is the exercise of the simultaneous performance defense
B. It is the exercise of the uneasy defense
C. It is the exercise of the right of lien
D. It is the exercise of the right of set-off
(11) A thermal power plant purchased 200 tons of coal from a coal mine, and agreed that the deadline for delivery was September 30, 2007, and that the deadline for payment was October 31, 2007, and that the coal mine would deliver the 200 tons to the coal mine by the end of September. At the end of September, the coal mine delivered 200 tons of coal, and the thermal power plant inspected the coal and found that the sulfur content of the coal far exceeded the agreed standard, and could not be burned in the plant according to government regulations. Based on the above, which of the claims of the thermal power plant has legal basis? (Multiple choice)
A. Exercise the defense of sequential performance
B. Require the coal mine to assume liability for breach of contract
C. Exercise the defense of uneasiness
D. D. Dissolve the contract
3.5 Preservation of Contract
(12) Enterprise A lends 200,000 yuan to enterprise B, which has not been repaid at the end of the term. C owes B 200,000 yuan of goods have also expired, B had sent a reminder to C notice. The supply contract between B and C stipulates that if a dispute arises over the performance of the contract, it will be arbitrated by Y Arbitration Committee. Which of the following options is wrong? (Multiple Choice)
A. A's claim of 200,000 yuan against B is not legal, so A can not exercise the right of creditor subrogation
B. B had issued a debt collection notice to C, so A can not exercise the right of creditor subrogation
C. A should be B as the defendant, C as the third party to bring subrogation lawsuit
D. B, C agreed to arbitration clauses do not affect the A to C to bring a Li changed the child's surname from Lin to Li, and Lin was furious and stopped paying the three thousand dollars of alimony that he was supposed to give every six months. Lee on behalf of the child petitioned the court to win the case, only to find that the Lin man had prepared, has been given to his brother, the house transferred to his brother, now neither occupation nor income, no property available for enforcement. Now ask, Lin will be gifted to his brother's behavior is valid?
A. is a valid civil act
B. is invalid civil act
C. is a revocable civil act
D. by the child on behalf of the Li exercise of the right of revocation, Lin's gift behavior is invalid
(14) A for the photographer B act as a model, the two sides did not publish the photographs and the use of the agreement. Later, B published the nude photos of A in the form of body art photos, resulting in A by friends and family accusations. Which of the following statements is correct?
A. B's publication of the photographs infringes A's right to privacy
B. B's publication of the photographs has obtained A's implied consent, and does not constitute an infringement of the right to privacy
C. A is the co-author of the photographs, and B should be paid for the publication of the photographs
D. B is the owner of the copyrights in the photographs, and the publication and dissemination of the photographs is a legitimate exercise of the copyrights
3.6 Guarantee of Contract (Guarantee)
(15) A borrows 50,000 yuan from B. B asks A to provide a guarantee. A finds friends C, D, E, and F respectively, and each of them makes the following representations, which of them constitutes a guarantee? (Multiple choice)
A. C in the loan issued by A to B signed "Guarantor C"
B. D to B issued a statement that "if A is not due to B repayment, I am willing to pay back on behalf of 30,000 yuan. D. E issued a note to B that "if A does not repay B when due, I will be responsible for it"
D. F issued a note to B that "if A does not repay B when due, I will repay the debt with a private house"
(16) A borrowed 100,000 yuan from B, with C as the guarantor. C as a guarantor, agreed that "if A can not repay the debt, C will assume the responsibility until the debt is paid off". Which of the following options are correct? (Multiple choice)
A. The guarantee is a general guarantee
B. The guarantee is a joint and several guarantee
C. The guarantee period is 2 years from the date of expiration of the principal debt
D. The guarantee period is 6 months from the date of expiration of the principal debt
3.7 Transfer of Contracts
(17) A owes C 800 yuan. B is unable to repay the debt, and says to A, "I'll give you the 800 yuan." A said that in the future will be returned. Afterwards, A pays back 500 yuan to B. Later, when the two of them fell out, B demanded that A repay the remaining 300 yuan, while A demanded that B return the 500 yuan on the grounds that B had already sent him 800 yuan. Which of the following statements is correct?
A. A should return 300 yuan
B. B should return 500 yuan
C. B does not have to return 500 yuan, A does not have to return 300 yuan
D. B should return 500 yuan and the same period of interest on bank deposits
3.8 Termination of the contract
(18) Wang went to the hospital because of years of infertility. After the hospital introduced A and B artificial assisted reproduction techniques, Wang chose A technique and paid the corresponding fees, but the hospital actually carried out the treatment according to the B technique. After the treatment failed, Wang asked the hospital to return all the medical expenses. Which of the following options is correct?
A. The hospital should return all the medical fees charged
B. The hospital should return the medical fees charged, but it can deduct the amount of fees charged for technique B
C. Wang has no right to request the hospital to return the medical fees or to compensate for the damages
D. Wang does not have the right to request the hospital to return the medical fees but has the right to request the hospital to compensate for the damages
(). 19) Which of the following statements about contract termination is correct? (Multiple choice)
A. Either the principal or the trustee can cancel the contract of entrustment at any time
B. Both parties to an indefinite lease contract can cancel the contract at any time
C. The fixer in a contract of contract of contract of contract of contract of contract can cancel the contract at any time
D. The shipper can cancel the contract of carriage before the carrier delivers the goods to the consignee
3.9 Liability for breach of contract
(20) Company A negotiated with Company B to buy a certain parts, due to the high process requirements of the parts, only after Company B first manufactured samples to meet the requirements to be considered for bulk purchase. After Company B completes the samples, Company A, due to a major adjustment in its business strategy, informs Company B that it no longer needs the part and terminates the negotiations. Which of the following options is correct?
A. Company A is in breach of contract and should compensate Company B for its loss
B. Company A's behavior constitutes negligent contracting and should compensate Company B for its loss
C. Company A's behavior constitutes a tort and should compensate Company B for its loss
D. Company A should not compensate Company B for any of its loss
(21) Flying Leap Inc. The company develops a certain antivirus software and makes a statement in the installation program that "this software may have risks, and continuing to install it is regarded as agreeing to bear all the risks". Mr. Huang purchased a genuine copy of the software and agreed to the statement when installing it. The software mistakenly deletes the operating system as a virus, paralyzing Huang's computer and causing him to lose all his files. Which of the following is true?
A. Because Huang agreed to Feiyue's disclaimer, Feiyue can be exempted from liability
B. Huang has the right to demand that Feiyue be held liable
C. Huang has the right to double damages according to the Protection of Consumers' Rights and Interests Law
D. Huang can bring both a tort claim and a breach of contract claim
3.10 Specific Contract
(22) A and B agree that A will provide a house for B to live in free of charge, and B will teach A's daughter piano lessons free of charge. Which of the following statements are true about the agreement? (Multiple choice)
A. It is a nameless contract
B. It is a practical contract
C. The provisions of the General Principles of the Contract Law should be applied
D. The provisions of the Contract Law on leasing contracts can be applied by reference
(23) A and B sign a contract for the sale of goods, agreeing that A will handle the consignments. A then signed a contract of carriage with C, which states that B is the consignee. Transportation, due to C's driver Ding's gross negligence traffic accidents, resulting in damage to the goods, can not deliver to B according to the contract. Which of the following statements is correct?
A. B. B has the right to request a breach of contract liability
B. B should be claimed to C damages
C. B has not yet obtained the ownership of the goods
D. D. D. should be responsible for the A
(24) real estate development company A is eager to sell its development of a residential area of the last villa, so call to B, C, D issued a sale of housing
(24) real estate development company A is eager to sell its development of a residential area of the last villa, so call to B, C, D issued an offer to sell the house. He calls B, C and D and states that the offer is valid for 1 month. Offer issued on the 10th, A and B signed a contract of sale and delivery of the villa, B paid all the money, but did not register the change of property rights. On the 21st, A and unknowingly C signed a contract of sale and registration of change of ownership. On the 25th, A and unknowing D signed a contract of sale. On the 26th, the villa was accidentally burned down. Answer questions 1-3. (Indeterminate)
1. Which of the following statements about the relationship between A, B and C is correct?
A. The contract of sale between A and B is valid
B. The contract of sale between A and C is invalid because it is detrimental to the interests of B
C. A shall not be liable to C for failure to deliver the house because the house was accidentally burnt
D. C shall bear the risk of the house being burnt
2. What is the correct statement of the contract of sale between A and D? Which of the following is true of the contract of sale between A and D?
A. The contract is void for fraud
B. The contract is void for failure to perform ab initio
C. The contract is void for dispositive disposition
D. If the contract is voided, A shall be liable to D for the fault of the contracting
3. Which of the following statements about the rights and obligations of B is correct?
A. If the house is not burned down, C has the right to ask B to move out of the house
B. If the house is not burned down, the court should recognize that the house is owned by B
C. B's possession of the house is bona fide and autonomous
D. B should compensate C for the losses caused by the burning down of the house
(25) The Divine Cow Company raised a sign to indicate that it would be a good idea to raise funds at the charity show organized by the TV station of Province H.
(26) The company's name was "B". The company held up a sign at the charity show sponsored by the TV station in H province to donate 1 million yuan to the Red Cross Society in S province, and specified that the money was used exclusively for the reconstruction of the school building of B middle school in S province. Afterward, the company only paid 500,000 yuan. In this regard, which of the following options is correct?
A. The TV station of Province H, the Red Cross Society of Province S and Middle School B have no right to request Shenniu Company to pay the remaining 500,000 yuan
B. The Red Cross Society of Province S and Middle School B have the right to request Shenniu Company to pay the remaining 500,000 yuan
C. The Red Cross Society of Province S has the right to request Shenniu Company to pay the remaining 500,000 yuan
D. Middle School B has the right to request Shenniu Company to to pay the remaining 500,000 yuan
(26) Zhao gave Li a horse that was easily frightened without informing him of the horse's habits. While Li was using the horse to pull goods, a thunderstorm broke out and the horse ran wildly, injuring Wang, a pedestrian. Which of the following options is correct?
A. Zhao should be held fully responsible
B. Li should be held responsible
C. Zhao and Li should be held jointly and severally liable
D. Li should be held primarily liable, and Zhao should be held liable to a certain extent
(27) A and B own a house **** in 20% and 80% shares. The two of them rented the house to C. C obtained the consent of A and B and sublet the house to Ding. Now A wants to transfer his share. Which of the following statements is correct?
A. B and C have the right of first refusal, and Ding has no right of first refusal
B. B and Ding have the right of first refusal, and C has no right of first refusal
C. B, C, and Ding all have the right of first refusal
D. C and Ding have the right of first refusal, but B does not have the right of first refusal
(28) A and B enter into an agreement under which A rents B's house for 10 years The rent is 10,000 yuan per year, and A can sublet. In the second year, A sublet the house to C, the lease period of 3 years, the rent of 15,000 yuan per year. Later, because of the B mismanagement, the house was auctioned by the court to pay off the debt, C purchased the house. Now A, B on the performance of the two lease contract dispute, which of the following options is correct? (Multiple choices)
A. The principle of sale and purchase does not break the lease applies in this case
B. The principle of sale and purchase does not break the lease does not apply in this case
C. C has the right to claim that the rent in the subletting contract will be changed
D. A has the right to ask C to continue to perform the subletting contract
(29) University A signed a contract for the construction of the building project with Company B. Company B is to build a new B will build a new teaching building for A. With the consent of A, B subcontracted the construction of the main structure to Company C. After the construction of the building passed the inspection, B subcontracted the construction of the building to Company C. After the acceptance of the entire building, A paid part of the project to B, and B did not pay the project payment to C. Which of the following statements is wrong? (Multiple choice)
A. B, C between the subcontract is valid
B. A can be revoked with the construction contract between B
C. C can be B for the defendant to pay for the work
D. C can be A for the defendant to pay for the work, but the court should add B as a third party
(30) A entrusted B to buy a set of mechanical equipment, but asked to B to buy a set of mechanical equipment, but asked to B to buy a set of mechanical equipment, but asked to B to purchase a set of mechanical equipment, but asked to B to buy a set of mechanical equipment. Mechanical equipment, but asked to sign a contract in the name of B, B agreed, and then signed a contract with C to purchase equipment. Later, due to the reason of A, B could not pay the equipment to C on time. Which of the following options is correct with respect to the rights of C after B has explained to C that he was entrusted by A to purchase the machinery and equipment from C?
A. can only require A to pay
B. can only require B to pay
C. can choose to require A or B to pay
D. can require A and B to bear joint and several liability
Here is more than 09 10 five years of contract law questions Er 。。。。 I can't tell the difference, you can use it