法律英语证书LEC2018年11月真题试卷一10

91.Before putting her home up for sale, a homeowner painted the living room ceiling to conceal major water damage caused by a leaking roof that had not yet been repaired. On the first day the home was offered for sale, the homeowner gave a buyer a personal tour. The homeowner made no statements at all regarding the water damage or the roof. Without discovering the water damage or the leaking roof and without consulting a lawyer, the buyer immediate agreed in writing to buy the home for $200,000. Before the closing date, the buyer discovered the water damage and the leaking roof. The cost of repair was estimated mated at $22,000. The buyer has refused to go through with the purchase. If the homeowner sues the buyer for breach of contract is the homeowner likely to prevail?（B）

A.No, because no contract was formed since the buyer did not have a real opportunity to understand the essential terms of the contract.

B.No, because the homeowner concealed evidence of the water damage and of the leaking roof.

C.Yes, because the homeowner made no affirmative statements of fact about the water damage or the leaking roof.

D.Yes, because the buyer acted unreasonably by failing to employ an inspector to conduct an independent inspection of the home.

92.An engineer entered into a written contract with an owner to serve in the essential position of on-site supervisor for construction of an office building. The day after signing the contract, the engineer was injured while bicycling and was rendered office building. The day after signing the contract, the engineer was injured while bicycling and was rendered physically incapable of performing as the on-site supervisor consultant for the same pay as originally agreed to by the parties. Is the owner likely to prevail in an action against the engineer for damages resulting from his failure to perform under the contract?（B）

A.No, because the engineer offered a reasonable substitute by offering to serve as an off-site consultant.

B.No, because the engineer's physical ability to perform contract.

C.Yes, because the engineer breached the contract by disappointing the owner’s expectations.

D.Yes, because the engineer's duty to perform was personal and absolute.

93.An experienced rancher contracted to harvest his neighbor's wheat crop for $1,000 "when the crop [was] ripe." In early September, the neighbor told the rancher that the crop was ripe. The rancher delayed because he had other customers to attend to. The neighbor was concerned that the delay might cause the crop to be lost, for hailstorms were common in that part of the country in the fall. In fact, in early October, before the crop was harvested, it was destroyed by a hailstorm. Is the rancher liable for the loss?（C）

A.No, because no time for performance was established in the contract.

B.No, because the neighbor failed to tell the rancher that the crop might be destroyed by a hailstorm.

C.Yes, because at the time the contract was made, the rancher had reason to foresee the loss as a probable result of his breach.

D.Yes, because a party who undertakes a contractual obligation is liable for all the consequences that flow from his breach.

94.A niece had worked in her aunt's bookstore for many years. The bookstore business, which was housed in a building that the aunt leased, was independently appraised at $200,000.The aunt decided to retire. She wrote to the niece, expressing her affection for the niece and offering to sell her the bookstore business for $125,000 if the landlord would agree to a transfer of the lease. The letter also specified when the aunt would transfer the business. The niece wrote back accepting her aunts offer. In a phone call to the niece, the aunt stated that the landlord had approved attorney to draft a written contract so that there would be a record of the terms. Before the attorney had finished drafting the document, the aunt changed her mind about selling the business and informed the niece of her decision. In an action for breach of contract brought by the niece against her aunt, is the niece likely to prevail?（D）

A.No, because the motivation for the transfer of the business was the aunts affection for her niece, not the price.

B.No, because the promised consideration was inadequate in light of the market value of the business.

C.Yes, because the condition concerning the landlords assent to the transfer of the lease was beyond the control of either party.

D.Yes, because the document being drafted by the attorney was merely a record of an agreement already made, not a condition to it.

95.An actor straight out of drama school and an agent entered into a one-year written contract that described the services the agent would provide. Because he was eager for work, the actor agreed, in the contract, to pay the agent 15 percent of his yearly earnings. At the end of the year, the actor was so pleased with his many roles that he gave the agent 20 percent of his earnings. After the first contract had expired, the actor and the agent decided to continue working together. They photocopied their old contract, changed the date, and signed it. At the end of the year, a dispute arose as to what percentage of earnings the actor owed. It is a trade practice in the acting profession for actors to pay their agents 10 percent of their yearly earnings, payable at the end of the year. What percentage of the actor’s earnings is a court most likely to award the agent?（B）

A.20 percent, because course of dealing is given greater weight than trade usage.

B.15 percent, because it was an express term of the contract.

C.10 percent, because trade usage is the applicable default rule.

D.Nothing, because the contract is too indefinite.

Questions 96-100 are logical reasoning test: 96.Acme brand aspirin claims to be the best headache relief available on the market today. To prove this claim, Acme called 10 people and asked them their thoughts on headache relief products. All 10 of them stated that they unequivocally use Acme brand aspirin on a regular basis and that they believe it to be the best headache relief available on the market today. Which of the following would most weaken this argument?（D）

A.Acme brand aspirin is highly addictive.

B.The 10 people called were spouses of Acme employees.

C.Most people choose to suffer silently through their headaches and take no medicines whatsoever.

D.The 10 people called own stock in a competing company.

97.In order to combat Carville’s rampant homeless problem, Mayor Bloomfield recently proposed a ban on sleeping outdoors in the city's many parks. He claims that such a measure will force the homeless to either leave Carville or to find means other than sleeping in public parks. Which of the following, if true, suggests that Mayor Bloomfield's plan will be successful?（A）

A.Until the ban, the city's many homeless shelters were at less than fifty percent occupancy.

B.Many homeless tend to congregate underneath Carville's numerous overpasses.

C.Adjacent cities have even tougher measures on the homeless sleeping outdoors.

D.The percent of Carville's population that has been homeless has been slowly decreasing in the last five years.

98.Many environmentalists rank global warming as the most serious current threat to the world's environment, citing evidence that over the past 30 years, the global temperature has risen an average of 2 degrees. However, the average global temperature this year is equal to the average global temperature of last year. Global warming, therefore, is not as serious a problem as these environmentalists claim. The argument is most vulnerable to the criticism that it（C）

A.Argues that because a threat is present, that threat must be more serious than any other possible threat.

B.Concludes that because there is lack of evidence for a problem, that problem does not exist.

C.Attempts to refute a conclusion about a general trend by appealing to a single counterexample, even though such a counterexample may be consistent with the general trend.

D.Relies on the ambiguous use of a key term.

99.Home alarm systems are commonly regarded by insurance companies as improving the safety of the home. However, statistics show that the break-in rate for homes equipped with such alarms is slightly higher than the break-in rate for houses without such alarms. Which of the following statements, if true, would most help to reconcile the insurance companies’ belief with the statistics cited?（A）

A.Home alarm systems are generally installed only in those homes that are in theft-prone areas.

B.Because home alarm systems generate many false alarms, authorities are slow to respond to such alarms.

C.Without signs announcing the presence of a home alarm system, the system does little to deter theft.

D.Home alarm systems offer little protection against practiced thieves.

100.Some people interpret the phrase "survival of the fittest" as "survival of the strongest." However, inasmuch as "strong" is interpreted as "physical size and prowess" , this is incorrect. Although strength and size provide a survival advantage within a species in such tasks as breeding, fighting for food, and running from predators, a species will survive only if its overall resource requirement for maintaining its strength does not outweigh the resources available, as is often the case during a famine or other ecological disaster. Based on the passage above, which of the following statements must be true?（A）

A. If a species’ resource requirement for maintaining its strength outweighs the resources available, that species will not survive.

B. strength does not provide a survival advantage for hunting food.

C.The phrase "survival of the fittest" should not be used by the scientific community.

D.The species with the least strength is the most likely to survive in a famine.