第5章
《法律英语900句》章节:第5章,宠文网网友提供全文无弹窗免费在线阅读。!
2.If you are more than 50 percent,
you may not be able to recover damages in the negligence action.
3.In most civil contexts it does not matter whether negligence is"gross"or"slight".
4.In most states contributory negligence has been superceded by comparative negligence.
5.In regard to negligence,
think of duty broadly as an obligation to protect the safety of others.
6.Involuntary manslaughter can be based on criminal negligence.
7.Negligence can also be a criminal offense.
8.Usually negligence is a tort.
9.You could bring a claim of negligence against the railroad company.
10.You have the grounds for a negligence action.
Part 15 Customs&tariff
1.All imports must be declared to customs.
2.How long will it take us to pass through Customs?
3.Like retaliation tariff,
preferential tariff is used as a weapon in international relations.
4.The customs formalities for the exportation of the following cargo
have been duly completed.
5.The Customs Bureau accepts certain foreign exports free of duty.
6.The duty on automobiles will be abolished soon.
7.The government decided to raise tariff walls against foreign goods.
8.The penalties for cheating customs are very severe.
9.The shutouts will soon be sent to the warehouse.
10.To impose a heavy duty on the imports of steel is unreasonable.
公司法
公司董事应对公司负责受托人责任。
公司被法律规为"人",一个拟制人.
企业法人应当在核准登记的经营范围内从事经营.
他是一名按公司章程任命的董事。
在申请登记注册前，
在公司章程中必须载明股本额，
并且所有股份必须认购完毕。
董事长对公司债务承担个人责任。
公司遵守了法院的命令。
公司已经履行了全部协议中的条款。
公司打算提起索赔之诉。
该公司受控股股东的控制。
公司被推定仍有偿还能力。
该公司正在抵制以接管为目的的高价征购股份.
公司的行为完全合法。
法人和其他非法人组织以其主要办事机构所在地为住所。
法律顾问建议申请针对公司董事会的强制令。
公司重组的方式有公司收购和公司兼并。
合资企业各方应按其出资额在注册资本中的比例分享利润及亏损.
因股东大会不够法定人数,故该决议无效。
应该遵守股东大会上投票选举董事的表决权。
两个公司已经兼并。
管辖权
联邦法院是有限管辖权法院,这是首要原则.
什么法院体系适合审判某一案件应由管辖权决定.
准司法机构,如行政机构等也会出现管辖权问题.
该案在这个法院的管辖权范围内。
协议选择的法院管辖不得违反法律关于专属管辖的规定.
法院裁定行使人身管辖权必须符合正当程序要件.
在解释管辖权事项时联邦法院一直比较严格.
案件标的管辖权由法律规定,目前是80,000美元.
该事项不在高等法院管辖权范围之内.
原告要提民事诉讼,首先要找到对该案件有管辖权的恰当的法院.
国际法
只有国家和能在自已的领土上行使主行为。
作为独立、平等的主权国，
既享有某些权利，也承担相应的责任义务。
双方者声称对方破坏了和平协议。
任何国家都负有不得使用武力侵犯别国领土完整的责任。r />
为避免被捕,他声称享有外交豁免权。
他的护照已过期。
非法移民要被驱逐出国。
公然侵犯国家独立的行为之一是干涉。
国际公法一直被视为是调整主权国之关系的一套原则和规则。
如今的国际法的起源通常应追溯到16和17世纪。
过失行为
他人的行为是否有过失？
如果你的责任超过50%，
你在此过失诉讼中便有可能无法得到赔偿金。
在多数民事事项环境中,过失行为是否"严重"或"轻微"并不关紧要.
在多数州,混合过失已经被比较过失取代。
在论及过失时，
应当视责任为广义的保护他人安全的义务。
非故意非预谋杀人罪可基于过失犯罪而成立。
过失行为也可能成为犯罪。
过失行为通常是侵犯行为。
你可以对铁路公司提起过失主张。
你有理由提起过失之诉。
海关和关税
所有过口货物必须报关。
办完通关手续要多长时间？
与报复性关税一样，
特惠关税在国际关系中也被当成一种武器使用.
下列货物的出关手续已正式结清。
海关总署允许免税进口几种外国货。
汽车关税即将被取消。
政府决定提高关税壁垒以抵制外国货。
关税欺诈所受的惩罚非常重。
退关货物很快被存入仓库。
对钢材进口征收高关税是无道理的。
Partnership
1.A partnership is an association of two or more persons
to carry on a business for profit.
2.Each partner is viewed as the other's agent.
3.Every partner may take part in the management of the partnership business.
4.Family partnership is one in which the partners are members of a family.
5.No partner shall be entitled to remuneration
for acting in the partnership business.
6.Partners are taxed as individuals and are personally liable
for torts and contractual obligations.
7.Unless it is a limited partnership,
it need not be established in writing.
8.The other partners shall,under the same condition,
enjoy priority in obtaining the assignment.
9.The partnership books are to be kept at the place
of business of the partnership or the principal place.
10.Traditionally,a firm is referred to a partnership,
as opposed to company.
Contract & agreement
1.A contract cannot arise out of an illegal act.
2.A contract is established when the acceptance becomes effective.
3.A contract may be modified
if the parties reach a consensus through consultation.
4.A person is not liable for debts contracted druing his minority.
5.A transaction between two parties
ought not to operate to the disadvantage of a third.
6.An acceptance once given cannot be revoked unless the offeror consents.
7.An acceptance is a statement made
by the offeree indicating assent to an offer.
8.An offeror may withdraw an offer
at any time before it has been accepted.
9.Any amendment to this contract
shall become effective only by a written agreement by Patry A and Party B.
10.Any annex is the integral part of this contract.
11.Any departure from the terms and conditions of the contract
must be advised in writing.
12.Any failure by a party to carry out all or part of his obligations
under the contract
shall be considered as a substantial breach.
13.Any party has no right to terminate this contract
without another party's agreement.
14.Any violation of deadlines
contained in the contract wil equate to breach of contract.
15.Contract law is initially concerned with determining what promises the law
will enforce or recognize as creating legal rights.
16.Examples of void contracts
are those entered into as a result of misrepresentation,
duress or undue influence.
17.He is incompetent to sign the contract.
18.He reasonably believes that there will be a fundamental
non-performance of the contract by the other party.
19.He signed a covenant against under letting the premises.
20.He was incapable of fulfiling the terms of the contract.
21.If a contract becomes invalid,
the validity of its independently existing clauses
pertaining to the settlement of disputes shall not be affected.
22.If a minor ratifies a contract upon reaching the age of majority,
he or she is then bound to it.
23.If any of the above-mentioned clauses
is inconsistent with the following additional clauses,
the latter is to be taken as authentic.
24.If there are provisions as otherwise stated
in respect to contracts in other laws,
such provisions shall be followed.
25.If there is no acceptance,by definition there ia no contract.
26.In case of heavy losses,
failure of a party to fulfill the obligations
prescribed by the contract of force majeure,
the contract may be terminated.
27.Lawfully established contracts shall be protected by law.
28.Marine insurance contracts are indemnity contracts
and require the parties to exercise the utmost good faith.
29.No change in or modification of this Agreement
shall be valid unless the same is made in writing.
30.No consideration,no contract.
31.Other special terms will be listed bellow.
32.Party A and B have reached an agreement through friendly consultation
to conclude the following contract.
33.Parties hereto may revise or supplement
through negotiation matters not mentioned herein.
> 34.Parment will be held up until the contract has been signed.
35.Please amend your copy of the contract accordingly.
36.Promises resulting from either express or an implied agreement
can be enforced.
37.She did not abide by the terms of the agreement.
38.The agreement is binding on all parties.
39.The agreement of the parties is subject to review
and approval of the board of directors.
40.The conditions of the contract are still to be determined.
41.The contact has been engrossed ready for signature.
42.The contract has to be signed in the presence of two witnesses.
43.The contract was declared null and void.
44.The contract was annuled by the court.
45.The express agreement of parties overcomes the law.
46.The following documents shall be deemed to form
and be read and construed as an integral part of this contract.
47.The issue of this action is the date of the contract.
48.The parties may dissolve the contract upon consensus through consultation.
49.The parties shall,when making a contract,
have corresponding capacity for civil rights and civil conduct.
50.The parties to a contract shall fully fulfill their obligations
pursuant to the terms of the contract.
51.The parties to the contract have equal legal status,
and neither party may impose its will in the other.
52.The use of a prescribed contract form can reduce the uncertainty.
53.They took the unilateral decision to cancel the contract.
54.This Agreement and the schedules hereto
constitute the entire agreement between
the parties relating
to the subject mater hareof.
55.This contract is executed in three counterparts,
all of which are considered as originals and of the same effect.
56.This contract will be effective after being signed by both parties.
57.This affer will be lapsed automatically after the time limit.
58.We hereby revoke the agreement of May8,2004.
59.What is left unmentioned in contract may be added there as an appendix.
60.You have to get the permission of all the signatories to the agreement
if you want to change the terms.
合伙
合伙企业指的是两个或两个以上的个人为牟利而组成的商事联合体。