题目内容
不居于临床微生物学的性质和任务的是
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(i) price of cotton – RMB 20,000 yuan/ton;
(ii) payment – 30% of total price payment in advance, remaining 70% payment at the time of delivery of the goods;
(iii) transport of goods – cost to be borne by Textile Company, delivery within seven days after the conclusion of the contract.
Upon receipt of the offer, Textile Company replied via a fax to Trading Co which stated: ‘We accept all the terms and conditions of your offer and will take delivery of the goods within seven days upon the conclusion of this contract. Please keep the cotton in good condition and with sound package.’ Trading Co received the fax but did not respond to it.
Textile Company hired a logistics company, five days after sending the fax, to take delivery of the cotton from Trading Co but failed to take any goods from Trading Co. Trading Co insisted that it was not under a contractual obligation to sell the goods to Textile Company, as there was no contract between the two parties. Trading Co stated further that the fax sent by Textile Company added the term ‘keep the cotton in good condition and with sound package’, which should be regarded as additions to the offer and constituted a counter-offer by Textile Company, rather than an acceptance. Therefore, the two parties did not reach an agreement on the terms and conditions for the sale of the cotton.
Required:
In accordance with the Contract Law of China, analyse the scenario and discuss:
(a) whether there was a contract between Trading Co and Textile Co, and explain your reasoning; (8 marks)
(b) the legal nature of Textile Company’s fax to Trading Co. (2 marks)
In relation to the Securities Law of China:
(a) explain the administrative penalty of banning access to the securities market; (4 marks)
(b) state the circumstances under which the relevant persons may be penalised in the form. of banning access to the securities market by the securities supervisory authority; (4 marks)
(c) state what activities committed by a sponsor may be subject to the administrative penalty of banning access to the securities market. (2 marks)
In relation to the Judicial Interpretations (III) on the Company Law by the Supreme People’s Court, explain the rule to be followed by the people’s courts in dealing with the circumstances under which the counterparty to a contract for the purpose of setting up the company:
(a) signed by a sponsor in their name, requests the sponsor to be responsible for the contract; (3 marks)
(b) signed by the sponsor in their name, requests the company to be responsible for the contract; (4 marks)
(c) signed by the sponsor in the name of the company, requests the company to be responsible for the contract. (3 marks)
In relation to the Company Law of China:
(a) explain TWO forms of company merger; (4 marks)
(b) state the necessary steps to be taken by the parties involved in a company merger before the successful completion of the deal. (6 marks)
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