29 Questions
What is the standard of care required to be proven by the creditor in a breach of contract?
A reasonable person
What is the minimum value of a transaction that must be made in written or notarial form in France?
€1,500
What is the basis of title to land in the common law?
The better right theory
What is the origin of the doctrine of strict or 'absolute' liability for breach of contract in English Law?
The case of Paradine v.Jane
What did Judge Wilberforce state in the case of Anns v Merton London Borough Council?
The question of duty of care consists of one principle
What is the consequence of failing to put a transaction in writing in France, where the value exceeds €1,500?
The evidence of witnesses will be inadmissible
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)?
That the supplier will carry out the service with reasonable care and skill
According to Ronald Coase, what is the most effective solution to conflicts between two activities?
A costless negotiation among the parties involved
How many requirements for liability are contained in the German statutory provisions?
Five
What is the first requirement for liability in the German statutory provisions?
The violation of a codified normative rule
In the French civil code, what is one possible solution to conflicts in the use of water?
A balance between the interests of the owners should be identified by the judge
What is the purpose of Section 13 of the Supply of Goods and Services Act (1982)?
To imply terms related to the service being provided
In English law, what are the generally assumed elements of the tort of negligence?
a duty of care, a breach of that duty, and consequential damage
What is referred to as 'ad hoc gap filling' in France and Germany?
Gaps in a contract filled by the hypothetical will of the parties
What does 'misrepresentation' refer to in the context of contract law?
a spoken or written untrue statement of fact which induces a party to conclude a contract
What is the meaning of the rule 'genus non perit' in the context of contract law?
in cases where so-called generic goods are sold, there can never be a case of absolute impossibility
According to the receipt theory, when does the acceptance take effect?
When the message is received by the offeror
What is the term for the concept where the contracting party is different from what the buyer supposed?
Case where the contracting party is different from what the buyer supposed
In what situation is judicial precedent not applicable?
when no previous decision can be relied on
In Germany, under what circumstances can a contract be terminated?
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
What is externalization theory in the context of contract law?
The acceptance takes effect when the message is written by the acceptor
What is actual notice theory in the context of contract law?
The acceptance takes effect when the message is read by the offeror
What is the significance of a 'condition' in a contract in Germany?
it is a term that is considered 'essential' to the contract
What type of activity can be stopped in Italy by applying the law of nuisances?
noises from a music hall
What is the principle of 'subjective interpretation'?
giving preference to the real intention of the parties
What is the 'contra proferentem rule'?
an ambiguity in a written contract must be interpreted against the person who drafted it
In which type of contract does a notary typically need to intervene in civil law countries?
a binding contract between non-commercial parties
What is the effect of the doctrine of 'promissory estoppel' in English law?
it makes a promise binding even if there is no consideration for it
What is the purpose of the law of nuisances in Italy?
to stop activities that disturb the peace and quiet of the neighborhood
This quiz covers the proof required in a breach of contract case and the level of care expected from the debtor. It also touches on the written form required for certain transactions in France.
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