CIMA—C5模拟题及分析（3）
1 Which ONE of the following is correct?
A. A contract is frustrated when something happens after it has been entered into, which is not fault of either party and which renders the contract more difficult to perform.
B. A contract is frustrated when a party expressly agrees to manufacture and supply goods and then discovers that they will be far more expensive to produce than he thought at the time of the contract.
C. A contract is frustrated when something happens after it has been entered into, which is not fault of either party and which renders the contract impossible to perform.
D. A contract is frustrated if it is impossible to perform at the time that it is made through no fault of either party.
2 Exe Ltd was under contract to deliver goods by road to London for Wye Ltd for £2,000. After part of the journey was completed, the delivery vehicle broke down and Wye Ltd was forced to arrange for Zed Ltd to complete the delivery. If there are no provisions in the contract to deal with this situation, which of the following is correct?
A. Exe Ltd is entitled to part of the delivery fee.
B. Exe Ltd is entitled to nothing.
C. Exe Ltd is entitled to a reasonable sum for the work done.
D. Exe Ltd is entitled to the full £2,000.
3 Which ONE of the following remedies is NOT available for a breach of a contract to provide personal rvices?
A. Damages.
B. A decree of specific performance.
C. An injunction.
D. An action for the price.
4 Which ONE of the following does NOT discharge a contract?
A. Preci performance of all the contractual obligations.
B. A subquent event causing the contract to be impossible to perform.
C. Breach of contractual term which is classified as a warranty
D. The agreement of the parties, contained in a deed, to the effect that the contract should be discharged.
5 In the event of a breach of contract, what is the purpo of damages?
i. To punish the contract breaker.
ii. To compensate the innocent party.
iii. To put the innocent party in the same position as if the contract had been carried out correctly.
A. i only.
法务B. ii and iii only.
C. iii only.
D. i, ii and iii.
6 Tee Ltd has contracted to u Vee Ltd’s “Grand Hotel” for a business conference. Which of the following would be regarded as a valid reason for Vee Ltd for the unavailability of the hotel on the agreed date under the law of frustration?
i. The hotel was clod due to flood damage.
ii. The hotel was double booked.
iii. The hotel manager had arranged to have the hotel redecorated. The decorators had failed to com
plete the work by the agreed date.
A. i only.
B. iii only.
C. ii and iii only.
D. i, ii and iii.
7 Which ONE of the following is not an equitable remedy?
A. Damages.
B. Specific performance.
C. Rescission.
D. Injunction.
8 Which of the following statements is/are correct?
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i. An employer is vicariously liable for the torts of employees committed in the cour of their employment.
ii. An employer is vicariously liable for the torts of independent contractors, if they were committed whilst carrying out work for the employer.
A. i only.
B. ii only.
C. Both i and ii.
D. Neither i nor ii.
9 Which of the following statements suggests that John is an independent contractor in relation to the work he carries out for Zed Ltd?
i. He is required to provide his own tools.
ii. He is required to carry out his work personally and is not free to nd a substitute.
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iii. He is paid in full without any deduction of income tax.标语英文
A. i and ii only.
B. ii and iii only.
C. i and iii only.
D. i, (ii) and iii.
10 In relation to a claim for wrongful dismissal, which of the following statements is CORRECT?
i. Only employees below the normal retiring age may claim.
ii. There is frequently no limit on the amount of compensation that a tribunal can award.
iii. Claims must be made within 3 months of the dismissal.
A. i only.
B. ii only.
30度角C. iii only.
D. None of them
11 An employer must provide an employee with a written statement of particulars of the employment:
A. Within one month of the employment commencing.
B. As soon after the commencement of employment as possible.
C. Within two months of the employment commencing.
D. Within a reasonable time of the employment commencing.
12 Which of the following statement is INCORRECT?
A. There is a general duty on every employer under the Health and Safety at Work Act 1974 to ensur
e, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.
B. The Employers Liability Commission is responsible for the enforcement of the Health and Safety at Work Act and related legislation
C. In terms of the Management of Health and Safety at Work Regulations, employers are required to carry out a hazard analysis of their business operation.
D. Employers should check that potential employees are legally entitled to work and remain in the UK
13 Which one of the following is an employer today always bound to do?
A. Give a testimonial to an employee who asks for one when he or she wishes to leave.
B. Insure himlf against possible occupational safety liabilities to employees.
C. Pay wages to an employee during abnce for illness.
D. Prohibit smoking indoors.
14 Which of the following duties does an employer owe?
i. To always provide a reasonably safe system of work.
ii. To pay fines impod for breach of the Management of Health and Safety at Work Regulations1999. iii. To insure against possible civil liability to employees.
A. i and ii only
B. i, iii and iv only
C. ii, iii and iv only
D. All of them
15 Which of the followings is not the aim of the Health and Safety at Work Act 1974?
A. To integrate and extend the law on health and safety at all places of work
B. To prevent employers requiring employees to retire at 65
C. To make detailed regulations to be enforced by sanctions of criminal law
D. To provide effective means of shaping the policy and regulations
16 Quentin was employed by Bee Ltd as its nior design consultant. Quentin contracted with Bee Ltd that when his employment with the company cead, he would not act in competition with it or solicit its customers.
After Quentin left Bee Ltd, he registered a company called Cee Ltd, which immediately began working in competition with Bee Ltd and soliciting its customers. Bee Ltd complained to Quentin about this conduct, but Quentin stated that as the work was being undertaken by Cee Ltd, a parate legal entity, he had not acted in breach of the agreement with Bee Ltd.
Which ONE of the following is correct?
A. Quentin is correct and cannot be said to be in breach of the agreement with Bee Ltd.
B. If the court finds that Cee Ltd was t up by Quentin to avoid the agreement with Bee Ltd, it will “lift the corporate veil” and enforce Quentin’s contract with Bee Ltd against Quentin and Cee Ltd.
C. Cee Ltd will be bound by the agreement becau a company is always liable for the actions of its shareholders.
D. The agreement between Bee Ltd and Quentin is of no legal effect as it attempts to regulate Quentin’s activities after he has left Bee Ltd’s employment.
17 Which ONE of the following is CORRECT?
A. The shares of all public limited companies are quoted on the Stock Exchange.
B. The company cretary of a public limited company must be qualified.
C. A private limited company must have at least two shareholders.
D. A public limited company cannot trade until it has paid-up share capital of at least £50,000.
18 Which ONE of the following statements in relation to partnership law is incorrect?
A. In England, a partnership has no existence parate from the partners.
B. Each partner can bind the firm in contract if acting in the ordinary cour of business.
C. Partners are not liable for debts contracted before they became partners.
D. To be binding, a partnership agreement must be in writing.
19 Which ONE of the following statements is incorrect?
A. A private company limited by shares must have at least one director.
B. A public company limited by shares must have at least two directors.
C. A private company must have authorid share capital of at least £30,000.
D. A public company must have an authorid share capital of at least £50,000.
20 Which ONE of the following statements is incorrect?
A. The Articles of Association form a contract between the shareholders and the board.
B. The Articles of Association form a contract between the shareholders and the company.
C. The Articles of Association form a contract between each shareholder and the other shareholders.
D. The Articles of Association are only contractual in respect of ordinary membership rights
试题答案：
1、【答案】 C风吹雪落
2、【答案】 B
3、【答案】 B
4、【答案】 C
5、【答案】 B
6、【答案】 A
7、【答案】 A
妈妈的简笔画8、【答案】 A
9、【答案】 D
10、【答案】 D
11、【答案】 C
12、【答案】 B
13、【答案】 B
14、【答案】 D
15、【答案】 B
16、【答案】 B周崇光
17、【答案】 B
18、【答案】 D
19、【答案】 C
20、【答案】 A
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