习题4
 
发布时间:2017-04-10 浏览次数:

 

练习

1、  选词填空。

compensate   loss   obligation   reparation   negligence    liability

As a legal concept, indemnity has a more specific meaning, namely, to 1another party to a contract for any loss that such other party may suffer during the performance of the contract. For instance, compensation connotes merely a sum paid to make good the 2 of another without regard to the payer’s identity or their reasons for doing so. The obligation to indemnify differs from the3 to pay compensation, or make4, in that an obligation to indemnify is a voluntary obligation. If C crashes into B’s car and damages it and the crash is due to C’s5, most legal systems will impose6 upon C to pay B for the damage caused. C’s obligation to B arises by force of law regardless of whether C subjectively wishes to compensate B.

 

2、请将下列汉语句子翻译成英文,注意其中专门术语的表达。

(1)              本规定适用于本市行政区域范围内各类机动车、非机动车非法客运的查处及相关管理活动。

(2)              凡工人及雇主不须经过事前批准手续,均有权建立他们自己愿意建立的组织和在仅仅遵守有关组织的规章的情况下加入他们自己愿意加入的组织。

(3)              乙方原则上不接受超出订货数量的商品。特别情况下,经乙方同意认可,可以提前接受乙方的下一批次的订货。

(4)              除非本协议另行规定,未经其他当事人的书面同意,本协议或者本协议项下的任何权利或者义务不得由任何一方当事人转让、让与或者转托给他人。

3、请将下列英文句子翻译成汉语,注意其中专门术语的表达。

1The Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument.

2Declarations communicated to the Director-General of the International Labor Office in accordance with the preceding paragraphs of this article shall indicate whether the provisions of the Convention will be applied in the territory concerned without modification or subject to modifications; when the declaration indicates that the provisions of the Convention will be applied subject to modifications it shall give details of the said modifications.

3Implied terms about title

In a contract of sale, other than one to which subsection (3) below applies, there is an implied term on the part of the seller that in the case of a sale he has a right to sell the goods, and in the case of an agreement to sell he will have such a right at the time when the property is to pass.

  In a contract of sale, other than one to which subsection (3) below applies, there is also an implied term that—

(a) the goods are free, and will remain free until the time when the property is to pass, from any charge or encumbrance not disclosed or known to the buyer before the contract is made, and

(b) the buyer will enjoy quiet possession of the goods except so far as it may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance so disclosed or known.

  This subsection applies to a contract of sale in the case of which there appears from the contract or is to be inferred from its circumstances an intention that the seller should transfer only such title as he or a third person may have.

             In a contract to which subsection (3) above applies there is an implied term that all charges or encumbrances known to the seller and not known to the buyer have been disclosed to the buyer before the contract is made.

  In a contract to which subsection (3) above applies there is also an implied term that none of the following will disturb the buyer’s quiet possession of the goods, namely—

(a)            the seller;

(b)            in a case where the parties to the contract intend that the seller should transfer only such title as a third person may have, that person;

c      anyone claiming through or under the seller or that third person otherwise than under a charge or encumbrance disclosed or known to the buyer before the contract is made.