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Due to the failure to settle the debts due, Jianshe Garment Trading Co Ltd (Jianshe Co) wa

Due to the failure to settle the debts due, Jianshe Garment Trading Co Ltd (Jianshe Co) was declared bankrupt by its creditors. In October 2010 the court rendered an order to accept the application of bankruptcy and designated a bankruptcy administrator. During the process of bankruptcy liquidation the bankruptcy administrator found that Jianshe Co had given up a credit of RMB 200,000 yuan owed by its affiliate enterprise in August 2009.

The bankruptcy administrator also found that some shareholders of Jianshe Co failed to made full capital contributions as prescribed in the agreement of incorporation.

Required:

Answer the following questions in accordance with the Enterprise Bankruptcy Law of China, and give your reasons for your answer:

(a) (i) State whether the action of giving up credit can be revoked during the process of liquidation; (4 marks)

(ii) State whether the court should grant an order to revoke the act of giving up credit. (3 marks)

(b) State how to deal with the matter of the lack of full capital contributions by some of the shareholders of Jianshe Co. (3 marks)

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更多“Due to the failure to settle t…”相关的问题
第1题
Under which of the following circumstances may a party claim the statutory right of offset
ting?

A.A property owner fails to pay the maintenance fees due and the tenant pays the fees with the rental due to the owner

B.A buyer fails to pay the first instalment of the price for the goods and the seller detains the goods

C.A car is provided to settle a debt with the creditor’s consent

D.A repairing shop retains the television set due to the customer’s failure to pay the service fee

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第2题
Due to a failure to pay its debts, in October 2014 the court accepted an application for b
ankruptcy by the creditors of Hangle Garment Co and designated a bankruptcy administrator. The bankruptcy administrator found that:

(i) Hangle Garment Co had given up a credit of RMB 500,000 yuan owed by its affiliate enterprise in August 2013;

(ii) Some shareholders of Hangle Garment Co failed to make full capital contributions as prescribed in the articles of association of the company;

(iii) There was a contract between Hangle Garment Co and Bright Department Store, which was concluded before the bankruptcy application was accepted and had been partly performed.

Required:

In accordance with the Enterprise Bankruptcy Law of China:

(a) State whether the action of giving up credit could be revoked during the process of liquidation. (2 marks)

(b) State how the lack of full capital contributions by some of the shareholders of the company should be dealt with. (2 marks)

(c) State what right the bankruptcy administrator has regarding the partly-performed contract between Hangle Garment Co and Bright Department Store. (2 marks)

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第3题
Liabilities that will be due within a short time (usually one year or less) and that are t

Liabilities that will be due within a short time (usually one year or less) and that are to be paid out of current assets are called ______.

A.long-term trust

B.long-term liabilities

C.current liabilities

D.current investment

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第4题
假设订车日为T,最迟的匹配日(Due Date)是()

A.T+14

B.T+16

C.T+17

D.T+30

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第5题
There have been big strikes all over the country due to the recent tax reform, but the
Prime Minister has made it clear that he won’t ____________ the strikes.

A、make concessions to

B、do concessions to

C、take concessions to

D、give concessions to

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第6题
如果我们认识不到废气这一严重问题,那么这个地球将面临毁灭。()
如果我们认识不到废气这一严重问题,那么这个地球将面临毁灭。()

A. If we don’t recognize the serious problem of waste gas, our planet will be faced with disaster.

B. Failure to recognize the seriousness of waste gas will lead to a disaster for our planet

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第7题
Buyer and Seller entered into a sales contract to buy 10,000 kg chemical products at a pri
ce of RMB 200 yuan/kg, totalling RMB 2 million yuan. Among other things, the sales contract stipulated the following terms and conditions: within 10 days after the conclusion of the contract Buyer would make the advance payment of RMB 500,000 yuan and Seller was to deliver all the goods to the place of Buyer; the remaining price of RMB 1·5 million yuan should be paid within five days upon the delivery of goods; any breach of contract should be subject to the liquidated damages equivalent to 20% of the total price.

Buyer made the advance payment, but Seller did not deliver any goods. Buyer urged Seller to deliver the goods immediately, as its production would be seriously affected by the short supply of the goods. However, Seller declared force majeure as the reason for non-delivery. Seller insisted that it was only a trading company, not a producer of the chemical products. Seller alleged that upon the conclusion of the contract, it entered into a purchase agreement with a producer to buy the goods from the latter. Due to a fire accident, the producer could not supply the goods under the purchase agreement; Seller therefore could not deliver the goods to Buyer. Non-delivery of goods was due to force majeure that caused the failure to supply the goods by the producer to Seller.

Buyer refused to accept Seller’s argument and bought 10,000 kg of the same products for replacement at a price of RMB 220 yuan/kg, resulting in a total extra cost of RMB 200,000 yuan. Meanwhile it filed a lawsuit against Seller in the court, requesting liquidated damages of RMB 400,000 yuan (20% of the total price) and the damages of RMB 200,000 yuan for extra price caused for the urgent purchase.

Required:

Answer the following questions in accordance with the relevant provisions of the Contract Law, and give your reasons for your answer:

(a) state whether Seller’s argument of force majeure can be established; (5 marks)

(b) state whether Buyer’s claims for liquidated damages and damages should be supported by the court. (5 marks)

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第8题
听力原文:W: Henry, I understand your invoice for US $ 1,000 is due for payment at the end
of this month. Please allow me to defer payment until four weeks later.

M: That's all right. We won't press you for immediate payment. Send us your check later on when you have money.

Q: What does the woman ask for?

(12)

A.Immediate payment.

B.Deferred payment.

C.Invoice.

D.US $1,000.

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第9题
Some people hate everything that is modern. They cannot imagine how anyone can really like
modern music; they find it hard to accept the new fashions in clothing; they think that all modern painting is ugly; and they seldom have a good word for the new buildings that are being built everywhere in the world. Such people look for perfection in everything, and they take their standards of perfection from the past. They are usually impatient with anyone who is brave enough to experiment with new or to express himself or the age in materials original ways.

It is, of course, true that many artists do not succeed in their work and instead produce works that can only be considered as failures. If the work of art is a painting, the artist’s failure concerns himself alone, but if it is a building, his failure concerns others too, because it may damage the beauty of the whole place. This does sometimes happen, but it is completely untrue to say, as some people do, that modern architecture is nothing. We can’t judge every modern building by the standards of the ancient time, even though we admire the ancient buildings. Technologically, the modern buildings are more advanced. The modern architect knows he should learn from the ancient works, but with his greater resources of knowledge and materials, he will never be content to imitate the past. He is too proud to do that.

Technologically, the modern buildings are more advanced. The sentence means _____.

A.the ancient architects had no technology

B.the modern architects use more advanced technology

C.the modern buildings are advanced because they are completely different from the ancient buildings

D.the modern buildings are more beautiful

Some people hate everything that is modern because _______.A.they are aged

B.they find it hard to accept modern things

C.they take their standards of perfection from the Greek

D.they look at things by the standards of the past

The writer thinks the failure of a building _______.A.means nothing

B.concerns others

C.concerns only the artist

D.concerns all the people in the world

The writer of the passage thinks that ________.A.it is true to say artists fail in their work

B.it is untrue to say artists fail in their work

C.it is true to say some artists fail in their work

D.it is true to say only painters fail in their work

The writer thinks that _________.A.we can’t judge buildings by the ancient standards

B.we can’t judge all the buildings by the ancient standards

C.we can’t judge all the modern buildings by the ancient standards

D.we can’t judge modern buildings

请帮忙给出每个问题的正确答案和分析,谢谢!

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第10题
[1] Humor is a phenomenon which is influenced by culture. It can be difficult to deter
mine what aspects define a certain sense of humor. A nation’s wit is linked to the historical development of the country. How funny somebody finds a certain incident depends on many factors including age, personal experience, level of education and geographical location. Therefore humor is something which is not always transferable in another country.

[2] What somebody from one area may find hilarious may not be amusing at all to somebody from another location. Whether or not someone gets a joke is determined by their interpretation, filtered by the cultural context.

[3] What about when both countries speak the same mother tongue? Does that mean that they will then share the same sense of humor, or can differences still occur? Let’s take the example of Britain and America. Not only do Americans and Brits spell the word “humor” differently, most claim that American humor and British humor are quite different in nature. Time and time again, people say that Brits and Americans don’t “get” each other’s sense of humor. To what extent is this true, if at all?

[4] There’s a received wisdom in the U.K. that Americans don’t get irony. It is often believed to be one of the most common differences between the British and American sense of humor. This is of course not true. One of the major differences seems to be how often both countries use irony. Brits use irony on a daily basis. We use it as liberally as prepositions in every day speech. We tease our friends. We use sarcasm as a shield and a weapon. We avoid sincerity until it’s absolutely necessary. We mercilessly take the piss out of people we like or dislike basically. And ourselves. This is very important. Our brashness and swagger is laden with equal portions of self-deprecation. This is our license to hand it out.

[5] But it is not the foundation of American humor. I think Americans understand British irony (most of the time anyway!); what they don’t understand is the need to use it so frequently. When Americans use irony they tend to state that they were “only kidding”. They feel the need to make a joke more obvious than Brits do, maybe this stems from a fear of offending people.

[6] The American sense of humor is generally more slapstick than that in Britain. I think this arises from a cultural difference between the two. Their jokes are more obvious and forward, a bit like Americans themselves. British jokes, on the other hand, tend to be more subtle but with a dark or sarcastic undertone. There is usually a hidden meaning. This may stem from the fact that British culture is more reserved than American culture.

[7] Americans say, “Have a nice day” whether they mean it or not. Brits are terrified to say this. We tell ourselves it’s because we don’t want to sound insincere, but I think it might be for the opposite reason. We don’t want to celebrate anything too soon. Failure and disappointment lurk around every corner. This is due to our upbringing. Americans are brought up to believe they can be the next president of the United States. Brits are told, “It won’t happen for you.”

[8] Yet certain American comedies have gained huge success in Britain and vice versa. Therefore, although there are differences between both comic styles, there is still an appreciation and understanding of the other sense of humor. Both the British and American versions of the comedy The Office are hugely successfully on both sides of the Atlantic. Both shows have their own cultural differences, yet they portray a lifestyle. which both Americans and Brits alike can relate to. Although both nations have subtle differences in their wit, they can appreciate the other’s sense of humor.

46、According to this passage, all of the following factors influence how funny a person finds a certain incident except __________.

A.age

B.gender

C.personal experience

D.level of education

47、What is the main idea of the third paragraph?()

A.In this paragraph, the question whether Brits and Americans share the same sense of humor or not is put forward.

B.In this paragraph, the author emphasizes that Brits and Americans don’t understand each other’s sense of humor.

C.In this paragraph, the author emphasizes that American humor and British humor are quite different in nature.

D.In this paragraph, the question that to what extent American humor is different from British humor is put forward.

48、What is the topic sentence of the fourth paragraph?()

A.The first sentence.

B.The fourth sentence.

C.The fifth sentence.

D.The second sentence.

49、According to the fourth paragraph, the difference between American humor and British humor lies in the use of ___________.

A.joke

B.sarcasm

C.irony

D.metaphor

50、Why are British jokes more subtle than American jokes?()

A.Because Brits are more straightforward.

B.Because Brits are more slapstick.

C.Because Brits are more open.

D.Because British culture is more reserved than American culture.

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