（A）Yes，because Cassie was a business invitee on the premises of the toy store．

（B）Yes，because F.A.O. Schwarfz was in control of the premises at the time of the accident．

（C）No， because the “Buffalo Bob” doll may have been dislodged by another customer．

（D）No，unless the “Buffalo Bob” doll had been displayed on the edge of the shelf in a negligent manner by one of  F.A.O. Schwartz's employees．

20. Amos is the owner in fee simple of Blackacre. a 7-acre tract， on which he maintains a dwelling house for himself and his family．Adjoining Blackacre is Whiteacre，a 10-acre tract，owned by Andy．In order to gain access to the highway， Amos has an easement to cross over Whiteacre．

Amos has recently purchased Greenacre，a 12-acre tract，which abuts Whiteacre but is not appurtenant to Blackacre. Amos has begun constructing a farmhouse on Greenacre and is using the existing easement （across Whiteacre） to gain access to the 12-acre tract．Amos has never received permission from Andy to use the road across Whiteacre to gain access to Greenacre．

In an appropriate action by Andy to enjoin Amos from using the existing easement to gain access to Greenacre，the plaintiff will most likely

（A）succeed，because Amos is making use of the servient tenement beyond the scope and extent of the easement as it was originally created

（B）succeed，because Amos has no right to use the servient tenement in connection with a tract of land which is not part of the dominant tenement

（C）not succeed，because Amos has an easement by necessity

（D）not succeed，because Amos has a right to use the easement in a manner not inconsistent with the rights of the owner of the servient tenement

试卷二

本题包括翻译、写作两部分，共限时180分钟

1 Translation

（1）Please translate the following paragraph into English

根据中国银监会的资料，截至2004年12月31日，中国境内共有12家持有全国性银行执照的股份制商业银行。截至同一日期，就总资产规模而言，本银行是这些银行中最大的。一般而言，股份制商业银行的股东架构各不相同，包括（但不限于）当地政府实体及国有企业。这些股份制商业银行大多数是在八十年代后期和九十年代初期组建，整体市场份额逐年增加，而四大银行的市场份额逐年下降。根据中国银监会的资料，截至2004年12月31日，这些银行占中国金融机构总资产约14.9%.

（2） Please translate the following paragraph into Chinese

2-202. Final Written Expression: Parol or Extrinsic Evidence.

Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented

（a） by course of dealing or usage of trade （Section 1-205） or by course of performance （Section 2-208）; and

（b） by evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement .

2 Writing

Suppose you were Marie Lin， a lawyer of SHICHENG LAW FIRM， you have known that Max Chen wants to retain a legal consulting firm from a friend.  Now， please write a letter to Max Chen， persuade him to choose your law firm.  You also send him your firm brochure.

Max Chen's address: ABC corporation， Cyber Tower， Suite 119， Haidian， Beijing， China.

Please pay more attention to format of your letter.