第五章单元测试
  1. offer对应



  2. A:in bankruptcy, to issue an order of the court that all debts (with certain statutory exceptions) are forgiven and need not be paid. B:to annul or cancel an act, particularly a statement, document or promise, as if it no longer existed. Thus, a person can revoke a will or revoke an offer to enter into a contract, and a government agency can revoke a license. C:referring to a statute, contract, ruling or anything which is null and of no effect. D:a specific proposal to enter into an agreement with another. An offer is essential to the formation of an enforceable contract. An offer and acceptance of the offer creates the contract.
    答案:a specific proposal to enter into an agreement with another. An offer is essential to the formation of an enforceable contract. An offer and acceptance of the offer creates the contract.
  3. acceptance对应



  4. A:Purpose/goal B:being able to perform any gainful employment C:a specific proposal to enter into an agreement with another. An offer is essential to the formation of an enforceable contract. An offer and acceptance of the offer creates the contract. D:receiving something from another with the intent to keep it, and showing that this was based on a previous agreement.
  5. binding对应



  6. A:a specific proposal to enter into an agreement with another. An offer is essential to the formation of an enforceable contract. An offer and acceptance of the offer creates the contract. B:being able to perform any gainful employment C:Purpose/goal D:Imposing a legal obligation
  7. breach对应



  8. A:1) n. a voluntary agreement to another's proposition. 2) v. to voluntarily agree to an act or proposal of another, which may range from contracts to sexual relations. B:being able to perform any gainful employment C:be obedient to D:the act of failing to perform one's agreement, breaking one's word, or otherwise actively violating one's duty to other.
  9. capacity对应



  10. A:the act of failing to perform one's agreement, breaking one's word, or otherwise actively violating one's duty to other. B:to annul or cancel an act, particularly a statement, document or promise, as if it no longer existed. Thus, a person can revoke a will or revoke an offer to enter into a contract, and a government agency can revoke a license. C:referring to a statute, contract, ruling or anything which is null and of no effect. D: being able to perform any gainful employment
  11. discharge对应



  12. A:Purpose/goal B: to annul or cancel an act, particularly a statement, document or promise, as if it no longer existed. Thus, a person can revoke a will or revoke an offer to enter into a contract, and a government agency can revoke a license. C:referring to a statute, contract, ruling or anything which is null and of no effect. D:in bankruptcy, to issue an order of the court that all debts (with certain statutory exceptions) are forgiven and need not be paid.
  13. revoke对应



  14. A:1) n. a voluntary agreement to another's proposition. 2) v. to voluntarily agree to an act or proposal of another, which may range from contracts to sexual relations. B:referring to a statute, contract, ruling or anything which is null and of no effect. C:being able to perform any gainful employment D:to annul or cancel an act, particularly a statement, document or promise, as if it no longer existed. Thus, a person can revoke a will or revoke an offer to enter into a contract, and a government agency can revoke a license.
  15. void对应



  16. A:being able to perform any gainful employment B:referring to a statute, contract, ruling or anything which is null and of no effect. C:1) n. a voluntary agreement to another's proposition. 2) v. to voluntarily agree to an act or proposal of another, which may range from contracts to sexual relations. D:the act of failing to perform one's agreement, breaking one's word, or otherwise actively violating one's duty to other.
  17. intention对应



  18. A:receiving something from another with the intent to keep it, and showing that this was based on a previous agreement. B:Purpose/goal C:the act of failing to perform one's agreement, breaking one's word, or otherwise actively violating one's duty to other. D:a specific proposal to enter into an agreement with another. An offer is essential to the formation of an enforceable contract. An offer and acceptance of the offer creates the contract.
  19. consent对应



  20. A:being able to perform any gainful employment B:receiving something from another with the intent to keep it, and showing that this was based on a previous agreement. C:a specific proposal to enter into an agreement with another. An offer is essential to the formation of an enforceable contract. An offer and acceptance of the offer creates the contract. D:1) n. a voluntary agreement to another's proposition. 2) v. to voluntarily agree to an act or proposal of another, which may range from contracts to sexual relations.
  21. A contract is a voluntary arrangement between two or more parties that is (1) at law as a (2) legal agreement.

    (1)为


  22. A:Duress B:Binding C:Enforceable D:Capacity
  23. A contract is a voluntary arrangement between two or more parties that is (1) at law as a (2) legal agreement.

    (2)为



  24. A:Offer B:Binding C:Misrepresentation D:Acceptance
  25. A contract arises when the parties agree that there is an agreement. Formation of a contract generally requires an (3), (4), (5), and a mutual intent to be bound. Each party to a contract must have capacity to enter the agreement. 

    (3)(4)(5)分别为


  26. A:Mistake B:Offer C:Consideration D:Acceptance
  27. Minors, intoxicated persons, and those under a mental affliction may have insufficient (6) to enter a contract. Some types of contracts may require formalities, such as a memorialization in writing.



  28. A:Misrepresentation B:Acceptance C:Capacity D:Offer
  29. Vitiating factors constituting defences to purported contract formation, for instance, (7) means a false statement of fact made by one party to another party and has the effect of inducing that party into the contract. 



  30. A:Duress B:Binding C:Misrepresentation D:Mistake
  31. A (8) is an incorrect understanding by one or more parties to a contract and may be used as grounds to invalidate the agreement. 



  32. A:Duress B:Mistake C:Acceptance D:Misrepresentation
  33. (9) has been defined as a "threat of harm made to compel a person to do something against his or her will or judgment; esp., a wrongful threat made by one person to compel a manifestation of seeming assent by another person to a transaction without real volition.



  34. A:Enforceable B:Duress C:Capacity D:Binding

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