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提问人：网友feifei12 发布时间：2022-01-07

[主观题]

Appliance Co sent a fax to a department store, intending to enter into a sales contract fo

r television (TV) sets. Which of the following can be considered to be an offer？

A.50 TV sets at a price of RMB 3,000 yuan each, please confirm within three days

B.50 TV sets at a price of RMB 3,000 yuan each, please confirm but subject to our final decision

C.TV sets at a price of RMB 3,000 yuan each are available

D.50 TV sets are available at a very attractive price, immediate delivery

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更多“Appliance Co sent a fax to a department store, intending to enter into a sales contract fo”相关的问题

第1题

In January 2011 Department Store entered into a sales contract with Appliance Co to buy 10

0 refrigerators from the latter at a price of RMB 3,000 yuan/piece, total price being RMB 300,000 yuan. The payment would be made in two instalments: 100,000 yuan as advance payment to be paid after the conclusion of the contract, and the remaining 200,000 yuan to be paid in April 2011. Upon receiving the advance payment Appliance Co would deliver all the products. After the conclusion of the sales contract, Department Store made the first payment of 100,000 yuan and received all the products delivered by Appliance Co.

In the same month, Appliance Co intended to rent a space of 100 m2 from Department Store to exhibit its other appliance products. For this purpose the two parties entered into a rental agreement and agreed upon the following terms and conditions: the term of rental would be one year as from January to December 2011; the total rental would be RMB 400,000 yuan and be paid RMB 100,000 yuan quarterly within the first 10 days of January, April, July and October.

At the end of March 2011 Appliance Co sent Department Store a written notice, stating that it would set off its rental of RMB 200,000 yuan for the second and third instalments with the remaining price of 200,000 yuan for the refrigerators.

Required:

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

(a) state the nature and different forms of set-off as presented by Appliance Co to Department Store; (4 marks)

(b) state the conditions to be met by Appliance Co when it was claiming the set-off of credit and debt with Department Store. (6 marks)

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第2题

What will be done to help Ms. Peletz out of her predicament？A．She will be given a substitu

What will be done to help Ms. Peletz out of her predicament？

A．She will be given a substitute item.

B．A gift certificate will be sent to her.

C．An inspections will be carried out.

D．The appliance will be repaired.

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第3题

Which of the following statements in supported by the passage？A．The sun shines co

Which of the following statements in supported by the passage？

A．The sun shines constantly and gives out the same amount of energy every year．

B．The cause of the sun’S fluctuations is its loss of energy with each passing year

C．It is sure that the energy sent out by the sun will drop when more sun spots appear．

D．Fluctuations in weather pattems are the results of the pull of gravity．

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第4题

KLE Co The following scenario relates to questions...

KLE Co The following scenario relates to questions 16 – 20. You are an audit manager in the internal audit department of KLE Co, a listed retail company. The internal audit department is auditing the company's procurement system. KLE’s ordering department consists of six members of staff: one chief buyer and five purchasing clerks. All orders are raised on pre-numbered purchase requisition forms, and are sent to the ordering department. In the ordering department, each requisition form is approved and signed by the chief buyer. A purchasing clerk transfers the order information onto an order form and identifies the appropriate supplier for the goods. Part one of the two part order form is sent to the supplier and part two to the accounts department. The requisition is thrown away. Which of the following is NOT a likely effect of the deficiencies in the internal control system described？

A、Purchases may be made unnecessarily at unauthorised prices

B、Subsequent queries on orders cannot be traced back to the original requisition

C、The order forms may contain errors that are not identified

D、Goods could be ordered twice in error or deliberately

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第5题

Aishen Garment Co entered into a contract with Bulinger Store to sell 10,000 pieces of spo

rtswear to the latter. Under the contract Aishen Garment Co would deliver the goods at Bulinger Store’s warehouse by 30 June 2012 and receive payment upon delivery of the goods.

Having found market conditions tough after the conclusion of the contract, Bulinger Store asked to decrease the quantity of goods, but Aishen Garment Co disagreed. At this moment, Bulinger Store learnt that a company named Conka Sales intended to buy the same garments and resell them to another province. Therefore, Bulinger Store concluded an agreement with Conka Sales to transfer the rights and obligations under its contract with Aishen Garment Co.

Bulinger Store sent a letter to Aishen Garment Co, notifying it that the rights and obligations under the contract had been transferred to Conka Sales. Aishen Garment Co did not reply to the letter.

On 15 June 2012, however, Aishen Garment Co sent a fax to advise Conka Sales to be prepared for receiving the goods. At the end of June Aishen Garment Co delivered 10,000 pieces of sportswear to the premises of Conka Sales and received the total price paid by Conka Sales. However, a certificate of inspection issued by an independent institute indicated that nearly 30% of the goods were below the quality standard. Therefore, Conka Sales intended to reject the goods. Aishen Garment Co insisted that there was no contractual relationship between them, since it was merely under its contract with Bulinger Store to directly deliver the goods to Conka Sales.

Required:

Answer the following questions in accordance with the Contract Law of China, and give your reasons for your answers:

(a) state whether there was a contractual relationship between Aishen Garment Co and Conka Sales; (8 marks)

(b) state whether Aishen Garment Co or Bulinger Store should be liable for the defects of the goods. (2 marks)

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第6题

Cherry Blossom Co （Cherry) manufactures custom made furniture and its year end is 30 April

Cherry Blossom Co (Cherry) manufactures custom made furniture and its year end is 30 April. The company purchases its raw materials from a wide range of suppliers. Below is a description of Cherry’s purchasing system.

When production supervisors require raw materials, they complete a requisition form. and this is submitted to the purchase ordering department. Requisition forms do not require authorisation and no reference is made to the current inventory levels of the materials being requested. Staff in the purchase ordering department use the requisitions to raise sequentially numbered purchase orders based on the approved suppliers list, which was last updated 24 months ago. The purchasing director authorises the orders prior to these being sent to the suppliers.

When the goods are received, the warehouse department verifies the quantity to the suppliers despatch note and checks that the quality of the goods received are satisfactory. They complete a sequentially numbered goods received note (GRN) and send a copy of the GRN to the finance department.

Purchase invoices are sent directly to the purchase ledger clerk, who stores them in a manual file until the end of each week. He then inputs them into the purchase ledger using batch controls and gives each invoice a unique number based on the supplier code. The invoices are reviewed and authorised for payment by the finance director, but the actual payment is only made 60 days after the invoice is input into the system.

Required:

In respect of the purchasing system of Cherry Blossom Co:

(i) Identify and explain FIVE deficiencies; and

(ii) Recommend a control to address each of these deficiencies.

Note: The total marks will be split equally between each part.

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第7题

听力原文：W: I hear you' re going home. Is that right？M: I wanted to go on Monday, but I co

听力原文：W: I hear you' re going home. Is that right？

M: I wanted to go on Monday, but I couldn't get a ticket for Monday. I bought a ticket for Tuesday.

W. Why are you in such a hurry？

M: My mother is ill. She has been sent to the hospital.

W: How did you get the news？ Did your mother send you a letter？

M. My sister telephoned me this morning. She asked my father and me to go back.

W: Then how long are you going to stay at home, two or three days？

M. At most four days. I'll be back for the meeting.

When will the man leave？

A．Monday.

B．Tuesday.

C．Sunday.

D．Wednesday.

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第8题

Part ADirections: Read the following four texts. Answer the questions below each text by c

Part A

Directions: Read the following four texts. Answer the questions below each text by choosing A, B, C or D. (40 points)

The people who answer the phone get an endless stream of calls from people who are extremely upset that their electricity got turned off just because they failed to pay their bill for 297 months, or people asking questions like "Is it OK to operate an electric appliance while taking a bath？"

So let's say that you have a genuine problem with your electric bill. The people in "Customer Service" have no way of knowing that you're an intelligent, rational person. They're going to lump you in with the usual not-so-bright public. As far as they're concerned, the relevant facts, in any dispute between you and them, are these:

1. They have a bunch of electricity.

2. You need it.

3. So shut up.

This is why, more and more, the people in "Customer Service" won't even talk to you. They prefer to let you talk to the convenient Automatic Phone Answering System until such a time as you die of old age "... If your FIRST name has more than eight letters, and your LAST name begins with 'H' through 'L' press 251 NOW. If your first name has LESS than eight letters, and your last name contains at least two 'E' s, press 252 NOW. If your..."

So is there any way that you, the lowly consumer, can gain the serious attention of a large and powerful business？ I am pleased to report that there IS a way, which I found out about thanks to an alert reader who sent me a news report from Russia. According to this report, a Russian electric company got into a dispute with a customer and cut off the customer's electricity. This customer, however, happened to be a unit of the Russian Army. So the commander ordered a tank to drive over to the electric company's office and aim its gun at the windows. The electricity was turned right back on.

On behalf of consumers everywhere, I want to kiss this military commander on the lips. I mean, what a GREAT concept. Imagine, as a consumer, how much more seriously your complaint would he taken if you were complaining from inside a vehicle capable of reducing the entire "Customer Service" department to tiny smoking pieces. What I am saying is: Forget the Automated Phone Answering System. Get a tank.

Perhaps you are thinking: "But a tank costs several million dollars, not including floor mats. I don't have that kind of money."

Don't be silly. You're a consumer, right？ You have credit cards, right？

Perhaps you are thinking: "Yes, but how am I going to pay the credit-card company？"

Don't be silly. You have a tank, right？

From the first paragraph we may infer that ______.

A．the people who answer the phone are really very busy

B．some people don't know how to turn off electricity

C．some people don't know how to operate an electric appliance

D．some people are ignorant of their ridiculous behavior

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第9题

不需要应用托槽的矫治器是A.Begg ApplianceB.Edgewise ApplianceC.Straigh wise ApplianceD.Invi

不需要应用托槽的矫治器是

A.Begg Appliance

B.Edgewise Appliance

C.Straigh wise Appliance

D.Invisalign

E.Lingual appliance

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第10题

（a) You are a manager in Lapwing & Co. One of your audit clients is Hawk Co which oper

(a) You are a manager in Lapwing & Co. One of your audit clients is Hawk Co which operates commercial real estate properties typically comprising several floors of retail units and leisure facilities such as cinemas and health clubs, which are rented out to provide rental income.

Your firm has just been approached to provide an additional engagement for Hawk Co, to review and provide a report on the company’s business plan, including forecast financial statements for the 12-month period to 31 May 2013. Hawk Co is in the process of negotiating a new bank loan of $30 million and the report on the business plan is at the request of the bank. It is anticipated that the loan would be advanced in August 2012 and would carry an interest rate of 4%. The report would be provided by your firm’s business advisory department and a second partner review will be conducted which will reduce any threat to objectivity to an acceptable level.

Extracts from the forecast financial statements included in the business plan are given below:

Statement of comprehensive income (extract)

（a) You are a manager in Lapwing Co. One of your

Notes:

1. Beak Retail is a retail park which is underperforming. Its sale is currently being negotiated, and is expected to take place in September 2012.

2. Hawk Co is planning to invest the cash raised from the bank loan in a new retail and leisure park which is being developed jointly with another company, Kestrel Co.

Required:

In respect of the engagement to provide a report on Hawk Co’s business plan:

(i) Identify and explain the matters that should be considered in agreeing the terms of the engagement; and Note: You are NOT required to consider ethical threats to objectivity. (6 marks)

(ii) Recommend the procedures that should be performed in order to examine and report on the forecast financial statements of Hawk Co for the year to 31 May 2013. (13 marks)

(b) You are also responsible for the audit of Osprey Co, which has a financial year ended 31 May 2012. The audit engagement partner, Bill Kingfisher, sent you the following email this morning:

（a) You are a manager in Lapwing Co. One of your

Required:

Respond to the partner’s email. (10 marks)

Note: the split of the mark allocation is shown within the partner’s email.

Professional marks will be awarded in part (b) for the presentation and clarity of your answer. (4 marks)

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