Comparative Law: EU vs US
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Questions and Answers

What is the primary obligation of the seller in a contractual agreement?

  • To resolve disputes through delictual obligations
  • To pay the price within the time and place fixed by the contract
  • To deliver the thing to the buyer and warrant against eviction and defects (correct)
  • To recognize quasi-contractual obligations

    • What type of obligation arises from a civil wrong, such as punching someone in the face?

  • Delictual obligation (correct)
  • Contractual obligation
  • Innominate obligation
  • Quasi-contractual obligation

    • What type of obligation is created when one person unintentionally benefits at the expense of another?

  • Delictual obligation
  • Contractual obligation
  • Quasi-contractual obligation (correct)
  • Innominate obligation

    • What happens to the risk of ownership once a contract is signed and goods are transferred?

    <p>The risk falls entirely on the buyer</p> Signup and view all the answers

    What is an example of a delictual obligation, according to the text?

    <p>A person's obligation to repair their neighbor's house that is collapsing</p> Signup and view all the answers

    What type of obligation would arise if a trustee fails to fulfill their duties towards their beneficiaries?

    <p>Innominate obligation</p> Signup and view all the answers

    What is the primary basis for quasi-contractual obligations?

    <p>The principle of preventing unjust enrichment</p> Signup and view all the answers

    What is the primary purpose of contractual obligations?

    <p>To create proprietary rights between parties</p> Signup and view all the answers

    What is the primary reason why comparative law is necessary in the context of national laws?

    <p>To aid the legislator in making informed decisions</p> Signup and view all the answers

    What is the term for the extent of the power to make legal decisions and judgments?

    <p>Jurisdiction</p> Signup and view all the answers

    What is the primary goal of the functional method in comparative law?

    <p>To reach similar results despite differing legal measures</p> Signup and view all the answers

    What is the primary difference between the EU and US legal systems?

    <p>The EU has common laws, while the US has state-specific laws</p> Signup and view all the answers

    What is the role of comparative law in aiding relations between countries?

    <p>To act as a tool for constructing national or international law</p> Signup and view all the answers

    What is the primary benefit of comparative law in the context of European law?

    <p>It acts as a driver of European law</p> Signup and view all the answers

    What is the primary step in the functional method of comparative law?

    <p>Statement of the problem in purely functional terms</p> Signup and view all the answers

    What is the primary goal of teaching comparative law at universities?

    <p>To educate students about the similarities and differences between legal systems</p> Signup and view all the answers

    In the Pannon case, who is responsible for examining the unfairness of a contractual term?

    <p>The national court</p> Signup and view all the answers

    What is the primary aim of the law of contract?

    <p>To protect the contractual expectations of both parties</p> Signup and view all the answers

    What is the effect of an anticipatory breach of contract?

    <p>The party declaring the breach is exempt from performing the contract</p> Signup and view all the answers

    What is the purpose of a remedy in the law of contract?

    <p>To uphold the contractual expectations of the parties</p> Signup and view all the answers

    What is the result of a specific performance remedy?

    <p>The breaching party is forced to perform the contract</p> Signup and view all the answers

    What is the effect of a termination of contract remedy?

    <p>The contract is terminated, and the parties are returned to their original position</p> Signup and view all the answers

    What is the purpose of damages as a remedy?

    <p>To return the non-breaching party to the same position they would have been in if the contract had been properly performed</p> Signup and view all the answers

    What is the imbalance between the consumer and the seller/supplier corrected by?

    <p>A positive action unconnected with the actual parties to the contract</p> Signup and view all the answers

    What is the primary focus of the economic approach to contract law?

    <p>Increasing individual welfare</p> Signup and view all the answers

    What is the general remedy for breach of contract in the common law approach?

    <p>Compensation of damages</p> Signup and view all the answers

    In which case would a court not order specific performance in the civil law approach?

    <p>When the debtor is unable to perform</p> Signup and view all the answers

    What is the sequence of events in a typical contract agreement according to the civil law approach?

    <p>Contract à performance à discharge by performance</p> Signup and view all the answers

    What is the primary difference between the civil law and common law approaches to contract law?

    <p>The priority of specific performance as a remedy</p> Signup and view all the answers

    What is an exception to the availability of specific performance as a remedy in the civil law approach?

    <p>Disproportionate costs</p> Signup and view all the answers

    What is the general principle of the moral approach to contract law?

    <p>Promises must be fulfilled</p> Signup and view all the answers

    What is the assumption behind the assessment of damages in contract law?

    <p>The mistaken party would have bargained for better terms if correctly informed</p> Signup and view all the answers

    Who can commit fraud for avoidance of contract?

    <p>The other contracting party or their agent</p> Signup and view all the answers

    What is the duty of a contracting party according to the German court?

    <p>To inform the other party of unusual circumstances</p> Signup and view all the answers

    What is the potential consequence of nondisclosure of decisive information?

    <p>Economic loss and damage to reputation</p> Signup and view all the answers

    What type of duress involves threats to a person's economic interests?

    <p>Economic duress</p> Signup and view all the answers

    What is the outcome when a contract is avoided due to fraud?

    <p>The contract is terminated, and restitution is made</p> Signup and view all the answers

    In what scenario would a landlord not be obligated to inform themselves about unusual circumstances?

    <p>When the tenant has a good faith duty to inform</p> Signup and view all the answers

    What is the decisive nature of the information that the tenant should have disclosed?

    <p>The intention to sell goods of the brand Thor Steinar</p> Signup and view all the answers

    Study Notes

    Comparative Law

    • Comparative law is a branch of legal science that investigates the comparison between national laws.
    • It has indirect benefits, including:
      • Aiding legislators
      • Constructing national or international law
      • Teaching and studying at universities
      • Guiding uniform laws
      • Driving European law

    Functionalism in Comparative Law

    • Functionalism is a method that rests on three premises:
      • Legal systems face similar problems
      • Different legal systems take different measures to resolve the same problem
      • Despite differing measures, legal systems reach similar results
    • The functional method has three steps:
      • Statement of the problem in purely functional terms
      • Objective presentation of ways in which different legal systems resolve the problem
      • Comparison and evaluation of the analysis from a purely functional perspective

    Obligations

    • Obligations of the seller:
      • Delivering the thing to the buyer
      • Warranting the buyer against eviction and defects in the thing sold
    • Obligations of the buyer:
      • Paying the price within the time and place fixed by the contract

    Sources of Obligations

    • Contractual obligations:
      • Created by contracts or agreements
      • Rights are generally proprietary
    • Delictual obligations (arising from a tort):
      • A civil wrong for which the remedy is an action for damages
      • Not solely a breach of contract
    • Quasi-contractual obligations:
      • Not a contract entered into intentionally, but recognized by law as equitable
      • One person shouldn't enrich themselves unjustly at the expense of another
    • Innominate obligations:
      • All other things that can happen (e.g. trustee's obligations towards beneficiaries)
    • In most legal systems, once you sign the contract, all risk falls onto you
    • If something bad happens, it is up to you to pay or repair
    • Example: Pannon case, where the national court examines the unfairness of the contractual term

    Breach of Contract

    • Two ways to breach a contract:
      • Anticipatory breach: Declaring intention of not performing the contract before the performance is due
      • Actual breach: Occurs on the due date of performance or during the course of performance

    Remedies

    • Protection of contractual expectations is the primary aim of law of contract
    • Three types of remedies:
      • Specific performance: Forcing a party to perform their obligations
      • Termination of contract: Dissolving the contract and refusing to perform
      • Damages: Monetary reward for breach of contract

    Approaches to Contract Law

    • Moral approach: Promises must be fulfilled, and the legal system imposes the fulfillment of the debtor's duty as remedy
    • Economic approach: People conclude contracts to increase their welfare, and the debtor may prefer to compensate the other party financially
    • Civil law approach: Specific performance is a general remedy, and exceptions include impossibility to perform and disproportionate costs
    • Common law approach: Compensation of damages is the general remedy, and specific performance is exceptional

    Breach of Contract in Civil Law

    • Three cases of breach:
      • Non-performance
      • Defective performance
      • Delay in performance
    • Each party holds an enforceable right to claim performance from the counterparty
    • Non-breaching party can ask for money instead of specific performance

    Claim for Avoidance

    • Avoidance is granted when fraud is committed by the other contracting party or their agent
    • Example: German case, Bundesgerichtshof 11.08.2010, where the landlord claimed avoidance due to the tenant's failure to disclose their intention to sell goods of a Neo-Nazi brand

    Duress

    • Duress consists of threats to a would-be party's life, limb, honor, property, or economic interests
    • Threats induce the party to enter into a contract to avert the danger

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    Description

    This quiz compares the legal systems of the European Union and the United States, focusing on jurisdiction and law-making powers. Test your knowledge of EU and US laws and their differences.

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