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| 文章出处： 发布时间：2006-03-25 |
本试题意在测试考生的综合专业基础能力。考生在答题前，请认真阅读各题的要求
一、 填空（每空1.5分，共9分）
1、 商品 的边际替代率是指，在（ ）不变的前提下，每增加一单位的某种 商品 而需要减少的另一种 商品 的数量。
after a review initiated by the company’s audit committee. Yes, believe it or not, the directors in the
boardroom actually asked their auditors to take another look at the numbers.
Lo and behold, that review let to the largest single restatement ever: a $3.8 billion reduction in previously
reported pretax income. Together with Xerox Corp’s recent concession that it overstated operating earnings
by $1.4billion, these two corporate meaculpas alone nearly match the combined total hit of $5.8 billion from
all 463 restatements in 1998,1999, and 2000.
How much worse can it get? Plenty. It’s not that we’ll likely see numbers as breathtaking as those as WorldCom
or Xerox. But expect a tidal wave of restatements to come in what will surely amount to some sort of accounting
chatharsis. If ever there was a time for companies to come clean, it’s now. Over the years, the quality of
financial reporting has varied widely. Some companies did the bare minimum to meet accounting standards. Others
were more cautious. To get beyond the current stock market malaise, companies need to flush out the excesses
so investors can regain their confidence in our financial system. It’s better to take a hit now than risk
dragging this out over the next few years.
2.Happy birthday, Milton Friedman
Milton Friedman’s professional career has been marked by controversy over his many policy proposals. Yet as he
approaches his 90th birthday, Friedman is increasingly recognized as the most influential economist in a 20th
century that witnessed towering contributions from John Maynard Keynes, Paul A. Samuelson, and others.
Friedman is best known for "monetarism", a view that stability in the growth of the money supply is crucial
to controlling inflation and recessions. Although the relation between the money supply and the economy has
often been highly variable, no less an authority than Fedral Reserve Chairman Alan Greenspan has indicated
that Friedman’s emphasis on a stable monetary framework was instrumental in guiding central banks in Europe
and the U.S. toward low inflation during the pass two decades.
Before Friedman, economic conventional wisdom held that inflation reduces unemployment because prices rise
faster than labor costs. In the late 1960s, Friedman argued instead that there is no permanent reduction in
unemployment from continuing inflation because wages eventually catch up to prices as expectations about
inflation become more accurate. His analysis has been validated twice since then----by the high U.S. the ’90
even though inflation was negligible.
Two decades before Chile introduces its revolutionary private individual account retirement system, Friedman’s
classic 1962 book Capitalism and Freedom criticized the prevailing pay-as-you -go Social Security systems for
restricting the ability of individuals to choose how much and in what form to save for retirement, and for mixing
a welfare program for elderly poor with a compulsory program that applies to all the elderly. Has his advice been
followed twenty years ago, there would be no impending Social Security financing crisis in the U.S. and other
developed nations with aging population.
3. Are Force Majeure Clauses Exclusion Clauses?
In order to differentiate an exclusion or limitation clause from a force majeure clause we must first define
exactly what we mean by exclusion clauses and examine their effect on the contractual relations of the
parties. We might then usefully compare the operation of exception clauses to that of force majeure clauses.
A tripartite distinction between different types of clause was as follows: " Protective conditions are three
distinct types: first, those which limit or reduce what would otherwise be the defendant’s duty; second,
those which exclude the defendant’s liability for breach of specified aspects of that duty, and third, those
which limit the extent to which the defendant is bound to indemnify the plaintiff in respect of the consequences
of breaches of that duty." The difference between the first two categories is said to be this: in the first case
there is no breach of contract since there is no obligation to perform in the circumstances which have
arisen, whilst in the second case there is a breach but the liability to pay damages in respect of it has
been removed.
Force majeure clauses, it seems, go to limit the extent of the obligation assumed by the promisor. They do not
operate so as to shield a promisor from liability for a breach of contract. A force majeure clause will ensure
that non-performance is no breach because no performance was due in the circumstances that have occurred.
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