After the conclusion of the contract, Seafood Co entrusted Links Logistics Co to carry the goods to Family Mart. However, Links Logistics Co only shipped 5,000 packages to Family Mart on time. During transportation of the rest of the goods, 1,000 packages got wet in the heavy rain and arrived at Family Mart’s place of business 10 days late. Required: In accordance with the Contract Law of China:
(a) Explain whether Family Mart was entitled to refuse to accept all the 10,000 packages of goods. (2 marks)
(b) Explain whether Seafood Co could be exempted from liabilities caused by Link Logistics Co in the process of transportation. (2 marks)
(c) Explain whether Family Mart was entitled to claim the RMB 50,000 yuan liquidated damages. (2 marks)
马克思指出:“忧心忡忡的、贫穷的人对最美丽的景色都没有什么感觉;经营矿物的商人只看到矿物的商业价值,而看不到矿物的美和独特性……”这段话说明了审美经验具有 ()
A. 功利性
B. 非功利性
C. 现实性
D. 目的性
在西方美学史上,提出“美是道德的象征”这一命题的美学家是()
A. 康德
B. 席勒
C. 谢林
D. 黑格尔
Mr Ma and Ms Yang entered into a loan agreement and a security agreement, under which Mr Ma would provide his truck as the mortgage to Ms Yang for borrowing RMB 200,000 yuan. However, they failed to register the mortgage agreement.
Several months later, Mr Ma borrowed another RMB 200,000 yuan from Mr Lee and delivered his truck as the pledge to Mr Lee. The two parties then registered the pledge agreement.
Upon the expiration of the loan agreements, Mr Ma was unable to repay the capital and interest. A dispute occurred between Ms Yang and Mr Lee, since they intended to exercise the right of guarantee simultaneously.
Required:
In accordance with the Property Law of China:
(a) Explain whether the mortgage agreement between Mr Ma and Ms Yang came into effect. (2 marks)
(b) Describe when the right of pledge between Mr Ma and Mr Lee was established. (2 marks)
(c) Explain who should be repaid in priority if the truck was auctioned. (2 marks)