特许经营法律实务试卷A

期末标准试卷北京师范大学珠海分校特许经营法律实务期末考试（A卷）Please choose any four questions from the following to answer (4x25’).----------------------------------------------------------------------------------Question 1On 6th June Michael wrote a letter to Cindy offering to sell his computer to her for $400. On 8th June Cindy received Michael’s letter and posted a reply to him on the same day, saying that she would buy the computer for $400 if she could borrow the money from her brother.On 9th June Michael wrote another letter to Cindy saying he had sold the computer to Eric, which was received by Cindy on 12th June. On the same day of 9th June Cindy posted a further letter to Michael saying that she had obtained the $400 from her brother and would definitely buy the computer.Is there a legally binding contract between Cindy and Michael? （20 marks）Question 2Crystal worked for Peter as his secretary. Her employment contract required her to work from 9 am until 5 pm Monday to Friday each week. One Saturday Crystal worked all day at the office. Two days later, on Monday, Peter promised that he would pay her an extra $200 for the extra time which she had worked on last Saturday. Peter has not paid Crystal.Is Crystal legally entitled to the $200? （20 marks）Question 3Tom and his two sisters, Lucy and Karen, run a family business together. They decide to gather money to buy a lottery ticket each week, and agree to share any winnings equally. Tom buys the ticket each week. They win $1,000,000 on the lottery but Tom refuses to share the money.Can Lucy and Karen compel Tom to share the money by taking legal action?（20 marks）Question 4Jane books a hotel room for the night by telephone. When she is booking the room she specifically asks for a room with air conditioning, saying that this is very important to her because the weather is very hot and humid. The hotel tells her thatthe room also has a colour television. When Jane arrives at the hotel she finds out that the room does not have either air conditioning or a colour television.Can Jane terminate her contract with the hotel and can she obtain damages?(20 Marks)Question 5Fred went to the office of Lansford Ltd and hired an electric drill. As Fred was leaving the office he saw a notice which said “Lansford Ltd will not be legally liable for any injury sustained while using their hire equipment.” Because La nsford Ltd had not maintained the drill properly, Fred sustained a serious injury while using the drill. When Fred sued Lansford Ltd they said they were not liable because of the notice that Fred had seen when leaving their office.Can Lansford Ltd escape liability by means of their exclusion notice? (20 Marks)Question 6Toby agreed to build the extension to Andy’s house for £35000. Two-thirds through the building process, Toby told Andy the price to complete the extension had risen to £50000. As Andy was expecting to house his parents in the extension, he reluctantly agreed to pay Toby the extra money.A] Can Andy claim the money back from Toby?B] Would your answer be any different if Andy had persuaded his parents to pay extra ₤15000 for the completion of the extension, by telling them that it was the only way they could then come to live with him.(20 Marks)Question 7Billy was selling his guitar to Chris. Chris asked how old the guitar was. Billy could not honestly remember when he first bought the guitar, but he told Chris it was six years’ old. Chris has now discovered [by taking it to a specialist guitar shop] that the guitar is in fact ten years’ old.Is Chris bound by the contract with Billy? (20 Marks) Question 8Sally advertised her sports car for sale in the local newspaper. A rogue claiming to be a well-known actress contacted Sally and offered to buy the car from Sally. After speaking on the telephone, she came to Sally’s house to finalise the deal and collect the car. Sally had intended to insist on payment in cash, but the rogue not only lookedlike the actress, but also produced a faked driving licence to “prove” that she wa s the actress. As a result Sally accepted a cheque and let the rogue take the car away. The cheque has bounced (银行拒绝兑现). Sally reported the matter to the police but has now discovered that the rogue has sold the car to Tamsin.Can Sally reclaim the car from Tamsin? (20 Marks) Question 9Steve and Doris have been married for 25 years. In 1999, Steve took out a loan from Glostenham Finance Ltd, and used their matrimonial home as security for that loan. He did not inform Doris of that, but got her to sign a legal charge on the home through deception. Steve defaulted on the loan recently and Glostenham Finance Ltd has taken action to possess the matrimonial home. Doris is refusing to vacate the premises, arguing that the legal charge document she signed back in 1999 is voidable due to the undue influence of her husband.Advise all the parties. (20 Marks)Question 10On 2nd January Stanley entered into a contract to hire a large hall owned by Thomas for a party celebrating the birthday of his daughter on 18th January. Stanley paid the rent of £2500 in advance. Thomas incurred expenses of £300 getting the hall cleaned and painted in preparation for the party.Unfortunately on 17th January, Stanley’s daughter was struck down by a bad virus and Stanley had to therefore cancel the party on 18th January.A] Advise Stanley whether he can claim £2500 back.B] Would your answer be different if the hall had burnt down on 1st January, but neither party knew this when they entered into the contract on 2nd January. (20 Marks)。