下列各项中，属于附条件的法律行为的是( )。 A.老王与老李约定，如果明天太阳从西边升起，就送给其一辆汽车 B.甲公司与老李约定，若老李能窃取到乙公司的政府采购项目投标书，则向其支付人民币10万元 C.老李与某医院约定，等自己去世时将遗体捐献 D.老李与儿子约定，如果期末考试能考双百，就带他去上海迪斯尼乐园

甲、乙双方约定，由丙每月代乙向甲偿还债务500元，期限2年;丙履行5个月后，以自己并不对甲负有债务为由拒绝继续履行。根据合同法律制度的规定，甲有权要求( )。

A.乙承担违约责任

B.丙承担违约责任

C.乙、丙连带承担违约责任

D.乙、丙按份承担违约责任

根据合同法律制度的规定，下列各项中，应当承担缔约过失责任的是( )。

A.丙未按时履行支付租金的义务

B.丁驾驶机动车违反交通规则撞伤行人

C.甲假借订立合同，恶意与乙进行磋商

D.戊辞职后违反竞业禁止约定从事同业竞争

Dalie Limited Liability Co (Dalie Co) applied to the people’s court for bankruptcy due to its poor business operations.

On 30 April 2012, the people’s court rendered an order to accept the bankruptcy application and designated a bankruptcy administrator. At this moment, Dalie Co faced the following key financial matters:

(i) Construction Company had brought a lawsuit against Dalie Co for its delay to pay the construction price due, but the case was still pending for trial;

(ii) Dalie Co owed a loan totalling RMB 20 million yuan to Industry Bank, of which RMB 12 million yuan was secured by a guarantee agreement on the buildings of Dalie Co;

(iii) Dalie Co had provided a guarantee to Merchant Bank for a loan of RMB 10 million yuan borrowed by Jiqing Company. The loan has matured but Jiqing Company failed to repay the principal and interest.

Required:

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

(a) state how to deal with the pending disputes between Construction Company and Dalie Co;

(b) state how to deal with the loan of RMB 20 million yuan owed to Industry Bank;

(c) state whether Merchant Bank was entitled to declare the credit and join the bankruptcy procedure.

Dust Co has two divisions, A and B. Each division is currently considering the following separate projects:

Division A Division B

Capital required for the project $32·6 million $22·2 million

Sales generated by project $14·4 million $8·8 million

Operating profit margin 30% 24%

Cost of capital 10% 10%

Current return on investment of division 15% 9%

If residual income is used as the basis for the investment decision, which Division(s) would choose to invest in the project?

A Division A only

B Division B only

C Both Division A and Division B

D Neither Division A nor Division B

The following costs have arisen in relation to the production of a product:

(i) Planning and concept design costs

(ii) Testing costs

(iii) Production costs

(iv) Distribution and customer service costs

In calculating the life cycle costs of a product, which of the above items would be included?

A (iii) only

B (i), (ii) and (iii) only

C (i), (ii) and (iv) only

D All of the above

下列关于自然人刑事责任的表述中，正确的有(　　)。

A.已满16周岁的人犯罪，应当负刑事责任

B.不满16周岁的人犯罪，不负刑事责任

C.精神病人在不能辨认或者不能控制自己行为的时候造成危害结果，经法定程序鉴定确认的，不负刑事责任

D.间歇性的精神病人在精神正常的时候犯罪，应当负刑事责任

根据行政复议法律制度的规定，下列各项关于行政复议的说法中正确的有(　)。

A.行政复议决定书一经做出，即发生法律效力

B.申请人申请行政复议，可以书面申请，也可以口头申请

C.申请人在申请行政复议时可以同时申请赔偿

D.行政复议一般采用书面审查，对重大、复杂的案件，申请人提出要求或者行政复议机构认为必要时可以采取听证的方式审理

某企业为增值税一般纳税人，适用的增值税税率为16%。2018年6月建造厂房领用材料实际成本20000元，计税价格为24000元，该项业务应计入在建工程成本的金额为(　　)元。

A.20000

B.23400

C.24000

D.28000

In relation to fraudulent behaviour in corporate management, in terms of capital of the company:

(a) describe various activities that shall be regarded as fraudulent behaviour;

(b) state the reasons why such activities will be regarded as fraudulent behaviour.

Tenda Co Ltd was incorporated by five natural persons (Mr A, Mr B, Mr C, Mr D and Ms E). Mr A was the majority shareholder and elected to be the chairman of the board of directors and the legal representative of the company.

In the business operations, Mr A, in the name of Tenda Co Ltd, sold a large shipment of goods at a low price to an enterprise invested by Mr A and other investors, which caused a huge loss to Tenda Co Ltd. Having discovered this, Ms E submitted a formal request to the board of supervisors to file a lawsuit against Mr A for his wrong-doing. However, she did not receive any response from the board of supervisors.

Required:

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

(a) state whether Ms E was entitled to bring a lawsuit against Mr A, due to Mr A’s transaction causing a huge loss to Tenda Co Ltd;

(b) state the pre-conditions to be satisfied for Ms E to bring a lawsuit in her own name against Mr A;

(c) explain which party should be the beneficiary of a legal action against Mr A, assuming Ms E obtained a favourable judgement from the court.