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Hello

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国际商法期末考试( 2012-2013 学年度第 2 学期)

答题要求:

1.针对每个案例写明你的判断;

2.简要给出判断依据

1.公司法案例

Salomon v A Salomon and Co Ltd [1897] AC 22

Corporate separate personality

Salomon conducted his business as a sole trader. He sold it to a company incorporated for the purpose called A Salomon and Co Ltd. The only members were Mr Salomon, his wife, and their five children. Each member took one £1 share each. The company bought the business for £39,000. Mr Salomon subscribed for 20,000 further shares. However, £10,000 was not paid by the company, which instead issued Salomon with series of debentures and gave him a floating charge on its assets. When the company failed the company's liquidator contended that the floating charge should not be honoured, and Salomon should be made responsible for the company's debts.

2.合同法案例1

Barry v Davies (Trading as HEathcote Ball & Co) [2000] 1 WLR 1962

Offer and Acceptance – Auction sales without reserve – collateral contract

A seller put up two engine analysers for sale by auction, with no reserve. The price of the machines would have been £14,521 each if they had been new. The claimant was a bidder at the auction. He bid £200 for each machine, and was the highest bidder. The auctioneer refused to sell the machines to the claimant for such a low price, despite the ‘no reserve' sale. The claimant brought an action against the auctioneer for breach of contract.

3.合同法案例2

Sullivan and Andrews v Porter

Breach of Contract

Porter (D) offered to sell his property to Sullivan and Andrews (Ps) for $350,000 with a $20,000 down payment and Sullivan accepted orally. Porter said that he would have his attorney prepare the paperwork. Sullivan took possession of the property in September 2000 and began improving the stable and trails. This continued until November 24, 2000 when Porter arrived at the farm with a real

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