Contract Law: Breach of Contract and Proof
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Questions and Answers

What is the standard of care required to be proven by the creditor in a breach of contract?

  • An expert in the field
  • The best possible person
  • A reasonable person (correct)
  • A person with similar experience

    • What is the minimum value of a transaction that must be made in written or notarial form in France?

  • €1,000
  • €1,500 (correct)
  • €2,000
  • €5,000

    • What is the basis of title to land in the common law?

  • The concept of caveat emptor
  • Ownership and possession
  • The doctrine of adverse possession
  • The better right theory (correct)

    • What is the origin of the doctrine of strict or 'absolute' liability for breach of contract in English Law?

    <p>The case of Paradine v.Jane</p> Signup and view all the answers

    What did Judge Wilberforce state in the case of Anns v Merton London Borough Council?

    <p>The question of duty of care consists of one principle</p> Signup and view all the answers

    What is the consequence of failing to put a transaction in writing in France, where the value exceeds €1,500?

    <p>The evidence of witnesses will be inadmissible</p> Signup and view all the answers

    What is implied when a supplier offering a service is acting in the course of a business, according to Section 13 of the Supply of Goods and Services Act (1982)?

    <p>That the supplier will carry out the service with reasonable care and skill</p> Signup and view all the answers

    According to Ronald Coase, what is the most effective solution to conflicts between two activities?

    <p>A costless negotiation among the parties involved</p> Signup and view all the answers

    How many requirements for liability are contained in the German statutory provisions?

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

    What is the first requirement for liability in the German statutory provisions?

    <p>The violation of a codified normative rule</p> Signup and view all the answers

    In the French civil code, what is one possible solution to conflicts in the use of water?

    <p>A balance between the interests of the owners should be identified by the judge</p> Signup and view all the answers

    What is the purpose of Section 13 of the Supply of Goods and Services Act (1982)?

    <p>To imply terms related to the service being provided</p> Signup and view all the answers

    In English law, what are the generally assumed elements of the tort of negligence?

    <p>a duty of care, a breach of that duty, and consequential damage</p> Signup and view all the answers

    What is referred to as 'ad hoc gap filling' in France and Germany?

    <p>Gaps in a contract filled by the hypothetical will of the parties</p> Signup and view all the answers

    What does 'misrepresentation' refer to in the context of contract law?

    <p>a spoken or written untrue statement of fact which induces a party to conclude a contract</p> Signup and view all the answers

    What is the meaning of the rule 'genus non perit' in the context of contract law?

    <p>in cases where so-called generic goods are sold, there can never be a case of absolute impossibility</p> Signup and view all the answers

    According to the receipt theory, when does the acceptance take effect?

    <p>When the message is received by the offeror</p> Signup and view all the answers

    What is the term for the concept where the contracting party is different from what the buyer supposed?

    <p>Case where the contracting party is different from what the buyer supposed</p> Signup and view all the answers

    In what situation is judicial precedent not applicable?

    <p>when no previous decision can be relied on</p> Signup and view all the answers

    In Germany, under what circumstances can a contract be terminated?

    <p>if a debtor fails to perform on time or in line with the contract and the creditor has also specified, without result, a reasonable period for performance</p> Signup and view all the answers

    What is externalization theory in the context of contract law?

    <p>The acceptance takes effect when the message is written by the acceptor</p> Signup and view all the answers

    What is actual notice theory in the context of contract law?

    <p>The acceptance takes effect when the message is read by the offeror</p> Signup and view all the answers

    What is the significance of a 'condition' in a contract in Germany?

    <p>it is a term that is considered 'essential' to the contract</p> Signup and view all the answers

    What type of activity can be stopped in Italy by applying the law of nuisances?

    <p>noises from a music hall</p> Signup and view all the answers

    What is the principle of 'subjective interpretation'?

    <p>giving preference to the real intention of the parties</p> Signup and view all the answers

    What is the 'contra proferentem rule'?

    <p>an ambiguity in a written contract must be interpreted against the person who drafted it</p> Signup and view all the answers

    In which type of contract does a notary typically need to intervene in civil law countries?

    <p>a binding contract between non-commercial parties</p> Signup and view all the answers

    What is the effect of the doctrine of 'promissory estoppel' in English law?

    <p>it makes a promise binding even if there is no consideration for it</p> Signup and view all the answers

    What is the purpose of the law of nuisances in Italy?

    <p>to stop activities that disturb the peace and quiet of the neighborhood</p> Signup and view all the answers

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