Economic Law Case Questions Urgent! Thank you!

1.[Answer].

1) The contract stipulates that it is legal for Company A to pay a deposit of 250,000 yuan to Company B. According to the provisions of the Contract Law and the Guarantee Law, the contract may stipulate a deposit clause, and the amount of the deposit shall not exceed 20% of the amount of the subject matter of the main contract. The deposit stipulated in the contract between Company A and Company B is 250,000 yuan, accounting for 16 of the subject matter of the main contract

67%, in line with the law.

2) It is illegal for Company B to notify Company A to terminate the contract. According to the provisions of the Contract Law, a contract concluded in accordance with the law is legally binding after it is established, and neither party may change or terminate the contract without authorization, and the parties may terminate the contract by consensus. When one of the parties proposes to terminate the contract, if the other party has objections, it shall request the people's court or arbitration institution to confirm the validity of the termination of the contract.

3) Company A's request to increase the amount of liquidated damages can be established in accordance with the law. According to the provisions of the Contract Law, if the liquidated damages agreed by the parties to the contract are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them.

4) Company A's request for Company B to continue to perform the contract can be established in accordance with the law. According to the provisions of the Contract Law, if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, the other party may request continued performance, and the breaching party shall bear the liability for breach of contract for continued performance.

5) According to the provisions of the Guarantee Law, the guarantor of a general guarantee may refuse to bear the guarantee liability to the creditor before the main contract dispute has not been tried or arbitrated, and the debtor's property is still unable to perform its debts in accordance with the law.

Note: This is the correct answer, you are satisfied this time. This is a 05 Elementary Accounting Qualification Examination "Fundamentals of Economic Law" mock test.

1.Reasonable, the contract law stipulates that the deposit cannot exceed 20, 150*20 30 of the contract amount, so 250,000 is reasonable

The premise of judging 2345 is whether the contract is valid Obviously, this contract is a valid contract

2.Legally, Party A asks for a price increase on the grounds of equipment price increase, which obviously involves the change of the contract, which needs to be resolved through negotiation between the two parties, but the party does not agree, which can only say that Party A does not pay attention to using the contract to avoid risks when signing the contract, and refuses to provide equipment has breached the contract, and Party A has reason to exercise the right of defense and request to terminate the contract

3.Article 114 of the Contract Law may stipulate that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach of contract.

If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to appropriately reduce them.

If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

Therefore, Company A's request for Company B to continue to perform the contract can also be established in accordance with the law

5.I don't know.

5.According to the Contract Law, Company C may not perform the general guarantee liability under one of the following conditions: 1) When the debtor's domicile changes, resulting in major difficulties for the creditor to require it to perform the debt; 2) When the people's court accepts the debtor's bankruptcy case and suspends the enforcement procedure; 3) When the guarantor waives his/her rights in writing.

Categories: Social Livelihood >> Law.

Problem description: There is a porcelain in the family of farmer Wang, which was left by his grandfather. Liu Qingda learned through others that Wang had Qing Dynasty porcelain in his house, so he came to ask for it. Wang didn't know the true value of the porcelain, so Liu bought it for 10,000 yuan.

Subsequently, Liu sent the porcelain to an auction house for auction and sold it for 100,000 yuan. When Wang learned of this a month later, he thought that Liu had deceived him and asked Liu to return the porcelain. Liu refused Wang's request on the grounds that the purchase and sale of porcelain was willing of both parties and there was no deception.

After being instructed, Wang went to the court to file a lawsuit, requesting to revoke the contract and request Liu to return the porcelain, and tried to analyze: (1) Does Wang's lawsuit have a legal basis? Why?

2) What should the court do?

Analysis: Of course there is a legal basis. Because the contract was established under Wang's major misunderstanding, it was ruined and the result was obviously unfair. According to the provisions of the Law of the People's Republic of China, manifest unfairness is a condition for rescission of the contract, so you can apply to the court to rescind the contract.

The court will usually rescind the contract and require both parties to return the property.

Correct answer] (1) According to the provisions of the Partnership Enterprise Law, the profit distribution and loss sharing of the partnership enterprise shall be handled in accordance with the provisions of the partnership agreement; If the partnership agreement is not agreed upon or the agreement is not clear, the partners shall decide through consultation; If the negotiation fails, the partners shall distribute and share according to the proportion of paid-in capital contributions; If the proportion of capital contribution cannot be determined, it shall be equally distributed and shared by the partners.

2) The fruit sales contract signed between the partnership and the fruit farmer and the loan contract signed with the bank are valid contracts.

According to the provisions of the legal system of partnership enterprises, the restrictions on the rights of partners to perform partnership affairs and represent the partnership to the outside world shall not be directed against unwitting bona fide third parties. In this case, although partners A, B and C stipulated in the partnership agreement that "all business exceeding 50,000 yuan shall be unanimously agreed by A, B and C", the agreement was invalid against bona fide third parties (fruit farmers and banks), so the fruit sale and purchase contract and loan contract were valid.

3) The truck mortgage contract signed between the partnership and the bank should be deemed to be established but not effective in terms of validity, and the bank cannot claim the mortgage on the truck when its claims have not been repaid. According to the provisions of the legal system of guarantee, if the mortgagor uses the vehicle as collateral, the mortgagor shall register the mortgage at the registration department of the vehicle, and the mortgage contract shall take effect from the date of registration. In this case, although the partnership signed a mortgage contract with the bank with the truck as collateral, it did not go through the formalities for the registration of the mortgage, and the mortgage contract for the truck did not take effect according to the aforesaid provisions, and the exercise of the mortgage right was premised on the existence of a valid mortgage contract, so the bank could not exercise the mortgage right on the mortgaged truck because the mortgage contract had not taken effect.

4) If the creditor bank, Zhao and Qian of the partnership exercise their creditor's rights against the partnership at the same time, they shall be repaid proportionately with the property of the partnership; For the insufficient part, each partner shall bear unlimited joint and several liability. Because, first, the truck mortgage contract between the bank and the partnership has not come into effect, so it is determined that the bank's claim against the partnership is an unsecured ordinary claim and does not have the effect of priority for repayment; Second, according to the provisions of the legal system of partnership enterprises, the debts of a partnership enterprise should be paid off with all its property first; If the assets of the partnership enterprise are insufficient to pay off the debts due, each partner shall bear unlimited joint and several liabilities for repayment.

Note: This question (4) involves the relevant content of the Guarantee Law. According to the relevant provisions of the Security Law, if a party mortgages a property that requires registration of a mortgage as prescribed by law, it shall register the mortgage with the relevant department, and the mortgage contract shall take effect from the date of registration.

Through this question, it is recommended that you pay attention to the comprehensive question of the combination of enterprise law and other laws.

1. Effective BAI

The internal agreement cannot be external, so he cannot oppose a bona fide third party, and the agreement is only binding on two people in the internal dao department, and it is not binding on the third party. 2. The priority is to pay off the secured creditor's right, and he does not (if I didn't miss it). There are also fees for the liquidation group, and there are none.

There are also no common benefit fees. 3. Then to the arrears of wages 5000 yuan 4, to taxes and social insurance, a total of 2000 50005, the rest to pay off unsecured claims. 100,000 yuan.

Priority is given to the repayment of enterprise property, which is not enough to pay off personal property. Partnerships and other property are counted. 6, D.

5 said that 10w. According to Article 2 of the Law of the People's Republic of China on Sole Proprietorship Enterprises, the term "sole proprietorship enterprise" as used in this Law refers to a business entity established in China in accordance with this Law, invested by a natural person, whose property is owned by the investor, and whose personal property bears unlimited liability for the debts of the enterprise. Article 31 Where the assets of a sole proprietorship enterprise are insufficient to pay off debts, the investor shall use his other personal assets to pay off.

Paragraph 4 of Article 19: "An investor's restriction on the authority of a trustee or a hired person shall not be used against a bona fide third party. ”

1. Invalid The act of B is a narrow sense of no right **, and the signed zhi agreement needs to be recognized by A, and it is not recognized by A.

The former is invalid, and B shall bear civil liability to the third party in good faith (Article 48 of the Contract Law) 2. Liquidation fee--- B --- social security --- tax --- D (use the company's liquidation value to pay off first in the above order, if it is not enough, and then use A's other 20,000 yuan to pay off, if it is not enough, agree on the time limit, and pay off the profits of Cong A's partnership shares, or require A [court] to forcibly withdraw from the partnership, make a withdrawal settlement, and then repay) 3. D's claim is at the end, The request can only be made before the previous debt is settled. D may apply to the court to enforce the law to require A to settle the settlement of the withdrawal from the partnership, or require A to settle the annual profits from A's partnership shares within an agreed period.

1.It is invalid because the contract prohibits B from purchasing goods in the name of the enterprise, and he has no right to dispose of it. 2.(1) Bankrupt enterprises.

wages and labor insurance premiums owed to employees by the industry;

2) the tax owed by the bankrupt enterprise; (3) Bankruptcy creditor's rights.

If the bankruptcy estate is insufficient to satisfy the claims in the same order, it shall be distributed proportionately.

3.Opportunities can be sought from the value of A's other executable property of $20,000, as well as the benefits obtained (A contributes $60,000 to partnership B, accounting for 50% of the capital contribution, and partnership B can distribute profits to partners every year).

Remember to tell me when you get the answer,,Thank you,Ha,

The act of travel agency A has constituted unfair competition and is an act of infringing on business.

Trade secrets refer to technical information and business information that are not known to the public, can bring economic benefits to the right holder, are practical, and have been kept confidential by the right holder.

The "job-hopping" behavior of employees or employees is the main channel for the disclosure of trade secrets of enterprises. Travel agency A uses high salaries to induce the staff of travel agency B to divulge the business information of travel agency B, resulting in a sharp decline in the business of travel agency B and causing certain economic losses.

2) Trade secrets are an intangible property of an enterprise, which is inviolable, and everyone has an inviolable obligation, including employees. In the above cases, the employee's "job hopping" and disclosure of trade secrets constitute infringement and should be dealt with accordingly in accordance with the law. Travel agency A, which obtained the leaked trade secrets, adopted unfair competition methods, and should also bear the tort liability and be given corresponding sanctions.

1. Article 68 of the General Principles of the Civil Law stipulates: "If the entrusting person needs to entrust the interests of the person to another person, the consent of the person subject shall be obtained in advance." If the consent of the person being transferred is not obtained in advance, the person shall be promptly informed afterwards, and if the person does not agree, the person shall bear civil liability for the acts of the person he entrusted, except in emergency situations, in order to protect the interests of the person entrusted to others.

Therefore 1 works.

2. Entrustment relationship.

3. The first person colludes with a third party to damage the interests of the first person.

4. No, because "the fish is no longer fresh and can only be processed at a low price." "It is an act of deceiving the person being **.

5. Wang Bin and Zhang shall be jointly and severally liable for the loss. Liu Yong does not have to take responsibility.

1. Is Liu Yong's act of entrusting Wang Bin to sell fish on behalf of Li Gang without Li Gang's consent valid?

2. What is the legal relationship between Wang Bin and Li Gang?

3. What is the nature of the behavior between Wang Bin and Zhang.

4. Wang Bin believes that Li Gang let himself "watch and do", so he is not responsible for Li Gang's losses. Can his claims be upheld by the courts?

5. Who should bear Li Gang's losses? Should Liu Yong bear it?