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Questions and Answers

According to Article 1168 of the French Civil Code, what is the general principle regarding the validity of a contract?

  • The contract must be in writing and signed by both parties to be considered valid.
  • The two sides of a contract must be balanced, and to pay less than a fair price is a sin.
  • A contract is valid despite the inequality of performance and counter-performance. (correct)
  • A contract is not valid if there is an inequality between performance and counter-performance.
  • Which of the following activities in Germany cannot be stopped under the law of nuisances?

  • Construction of a new highway
  • Noise from a music hall
  • The opening of a brothel (correct)
  • Industrial plant pollution
  • What is the primary focus of subjective interpretation in contract law?

  • The external expression of the intention
  • The meaning that would be given to the words by a reasonable person
  • The 'real intention' of the parties (correct)
  • The legal precedent established by previous court rulings
  • What does the 'contra proferentem rule' entail in contract law?

    <p>An ambiguity in a written contract must be interpreted against the person who drafted it. (C)</p> Signup and view all the answers

    What is the typical requirement for a notary's intervention in civil law countries?

    <p>A donation. (C)</p> Signup and view all the answers

    In English law, what does the doctrine of 'promissory estoppel' allow?

    <p>A promise can be binding even if there is no consideration for it. (D)</p> Signup and view all the answers

    Which of these scenarios illustrates a right to use property without ownership?

    <p>Riparian water rights (D)</p> Signup and view all the answers

    Which of these statements is TRUE regarding the ownership of animals caught while hunting in the United States?

    <p>Animals caught do not belong to the landowner. (C)</p> Signup and view all the answers

    Marie is building an apartment near Charles de Gaulle Airport in Paris. Which statement best reflects her legal position regarding the airport's noise?

    <p>She can seek legal action to stop the noise, potentially even demanding the airport relocate or cease operations. (B)</p> Signup and view all the answers

    Which of these statements best reflects the general rule regarding leaving land idle under civil and common law?

    <p>The owner is generally free to leave their land idle, even if it has no productive use. (D)</p> Signup and view all the answers

    In the United States, which of the following systems is primarily used to regulate water rights?

    <p>A system of individual state regulation, with no federal oversight. (A)</p> Signup and view all the answers

    Regarding the ownership of minerals, which of the following scenarios is TRUE?

    <p>Minerals belong to the state in France, but to the surface owner in England. (C)</p> Signup and view all the answers

    In the 1930 'Jandheur' decision in France, what conditions were established to escape or reduce liability for the custodian of a thing?

    <p>The custodian can escape liability only by proving an external and unavoidable cause, or by showing the victim's contributory negligence. (C)</p> Signup and view all the answers

    In the Donoghue v Stevenson case, the House of Lords ruled on the manufacturer's duty of care towards consumers. What did they decide?

    <p>The manufacturer had a duty of care towards the ultimate consumer, even if the consumer was not directly involved in the purchase contract. (D)</p> Signup and view all the answers

    What is one characteristic feature of French law?

    <p>A specific codified taxonomy of the cases in which liability arises (A)</p> Signup and view all the answers

    In German tort law, unlawfulness can be rebutted by invoking which of the following?

    <p>A ground of justification (D)</p> Signup and view all the answers

    What does the 'Caparo' test in English law apply to?

    <p>Novel situations where no previous decision can be relied upon (A)</p> Signup and view all the answers

    Which of the following elements is NOT considered a part of the tort of negligence in English law?

    <p>Intentional misconduct (A)</p> Signup and view all the answers

    How can misrepresentation be defined?

    <p>As a spoken or written untrue statement of fact inducing a party to contract (D)</p> Signup and view all the answers

    What does the term 'genus non perit mean' refer to in legal terms?

    <p>The inability to demand delivery of generic goods sold (B)</p> Signup and view all the answers

    What is a key distinction in the liability framework of English law compared to German law?

    <p>Reliance on fault-based liability (C)</p> Signup and view all the answers

    Which is NOT a typical element considered necessary for establishing negligence in English law?

    <p>Moral obligation in the situation (B)</p> Signup and view all the answers

    What is the remedy of ejectment in the common law tradition primarily for?

    <p>The owner (D)</p> Signup and view all the answers

    What does the requirement of 'consideration' mean in English law regarding agreements?

    <p>Each party must promise something in return (D)</p> Signup and view all the answers

    Which definition accurately describes the tort of assault?

    <p>The attempt to beat another person without contact (D)</p> Signup and view all the answers

    Which article of the ECHR protects an individual's rights related to their possessions?

    <p>Article 1, Protocol 1 (C)</p> Signup and view all the answers

    What is an exception to a property owner's right to exclude others?

    <p>Public accommodation laws (D)</p> Signup and view all the answers

    What belief leads parties to establish a servitude?

    <p>It will serve a mutual benefit (A)</p> Signup and view all the answers

    In France, what is a requirement for a holder of a concession to exploit minerals?

    <p>Pay compensation to the surface landowner (D)</p> Signup and view all the answers

    Which of the following is not recognized as a negative easement in Anglo-American law?

    <p>Not to obstruct access to a pathway (B)</p> Signup and view all the answers

    Under what condition is termination of contract permissible in Germany?

    <p>If the creditor has set a reasonable period for performance without result (C)</p> Signup and view all the answers

    What principle do all continental legal systems in Europe today observe in cases of non-performance?

    <p>A contract must be fulfilled and courts can enforce this (A)</p> Signup and view all the answers

    In English case law, what distinguishes 'warranties' from 'conditions'?

    <p>Escaping the contract is only possible when a condition is breached (B)</p> Signup and view all the answers

    In the case of moral impossibility, which statement is true regarding performance by the debtor?

    <p>It poses unreasonable danger to life or health (A)</p> Signup and view all the answers

    What is the legal consequence for lacking a required form in continental contract law?

    <p>The contract is voided entirely (C)</p> Signup and view all the answers

    In French tort law, what is required for liability for one's own act under articles 1240 and 1241?

    <p>Damage, causation, and negligence must be proven (A)</p> Signup and view all the answers

    What is the implication of 'exceptio non adimpleti contractus'?

    <p>The performance may be suspended until the other party fulfills their obligations (C)</p> Signup and view all the answers

    What does the requirement of 'causation' in tort law signify?

    <p>It demands proof of a direct link between the act and damage (C)</p> Signup and view all the answers

    What does the neighborhood test require in regards to a duty of care?

    <p>It requires the parties to be in close proximity to one another. (B)</p> Signup and view all the answers

    Which legal concept is most closely related to the right to string telephone lines across private property?

    <p>Servitude (A)</p> Signup and view all the answers

    What is the primary goal of restitution in contract law?

    <p>To return the parties to their original positions before the contract was made. (D)</p> Signup and view all the answers

    Which of the following is NOT a characteristic of promissory estoppel in English law?

    <p>It can only be invoked if the promisor intends to create a legal obligation. (A)</p> Signup and view all the answers

    Why are racially restrictive covenants in housing unenforceable?

    <p>They violate the principle of equality and are discriminatory. (C)</p> Signup and view all the answers

    What implied term is typically present in contracts where a service provider is acting in the course of their business?

    <p>The service provider will perform the service with reasonable care and skill. (B)</p> Signup and view all the answers

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

    <p>Negotiation between the parties involved in the conflicting activities. (C)</p> Signup and view all the answers

    What is the principle of the 'exclusion of duty of care'?

    <p>It is only excluded if a party has a valid reason for not having a duty of care. (D)</p> Signup and view all the answers

    Flashcards

    Ownership of Wild Animals in the US

    Hunters gain ownership of animals only on wild, unclosed land; an express license is required for hunting.

    Airport Noise Complaint

    Marie cannot complain about noise from Charles De Gaulle airport since she chose to live nearby.

    Idle Land Ownership

    In civil and common law, owners can leave their land idle with no penalties.

    Mineral Ownership in France

    In France, minerals belong to the state, separate from the surface owner.

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    Mineral Ownership in England

    In England, minerals belong to the surface owner unless stated otherwise.

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    Jandheur Decision (1930)

    In France, custodians can reduce liability if they prove unforeseen external causes or the victim's negligence.

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    Water Rights Regulation in the US

    Water rights in the US depend on state laws, as no federal system governs them universally.

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    French Civil Code Art. 1168

    Contracts are valid even if there's inequality in performance and counter-performance.

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    Proximity Test

    A principle assessing sufficient relationship in legal obligations.

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    Restitution in Contract Law

    Aims to restore the status quo before a contract breach.

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    Promissory Estoppel Characteristics

    Requires a clear promise and reliance by the promisee.

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    Racially Restrictive Covenant

    A discriminatory agreement preventing certain individuals from living in an area.

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    Supply of Goods and Services Act

    Implied terms ensure suppliers act with care and skill.

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    Coase Theorem Solution

    Effective conflict resolution comes from costless negotiation.

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    Legal Duty Scope

    Can be reduced or limited by valid considerations.

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    Nuisances and Servitudes

    Legal frameworks dealing with rights to use land and prevent disturbances.

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    Right to Own Land

    An individual's entitlement to possess land for their lifetime.

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    French Liability Feature

    French law has a specific codified system determining when liability arises.

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    German Tort Law Unlawfulness

    In German law, 'unlawfulness' can be challenged by a justification.

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    Caparo Test in English Law

    The 'Caparo' test applies in novel situations without existing precedent.

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    Elements of Negligence

    Negligence in English law involves a duty of care, a breach, and causation of damage.

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    Misrepresentation Definition

    Misrepresentation is a false statement that induces a contract.

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    Genus Non Perit Rule

    This rule states generic goods sold can't be demanded for delivery.

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    French Civil Code Art. 1168 Principle

    Contracts remain valid even with an imbalance in performance and counter-performance.

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    Law of Nuisances in Germany

    Certain activities can be stopped, but not all nuisances are prohibited.

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    Law of Nuisances in Italy

    Specific activities can be stopped, but there are exceptions for certain noises.

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    Subjective Interpretation

    Prioritizes the real intentions of the parties over what a reasonable person would think.

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    Contra Proferentem Rule

    Ambiguities in a contract are interpreted against the drafter.

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    Notary's Role in Civil Law

    A notary is typically required for donations and certain contracts.

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    Promissory Estoppel in English Law

    Promises can become binding without consideration under specific circumstances.

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    Rights to Use Property

    Examples include riparian water rights, not ownership itself.

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    Ejectment Action

    A common law remedy for recovering possession of property.

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    Consideration in Contracts

    Each party must give, do, or promise something in return for the agreement.

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    Tort of Assault

    An attempt or offer to physically harm someone without actual contact.

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    ECHR Possessions Right

    Article 1, Protocol 1 protects individual property rights.

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    Exceptions to Property Rights

    Public accommodation laws can limit a property owner's right to exclude others.

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    Servitude Creation

    Parties create servitudes believing it serves mutual interests.

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    Mineral Concession in France

    Holders of mineral concessions must compensate surface owners for land use interference.

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    Negative Easements Limitations

    Certain rights like blocking light or air flow can be restricted, but not all.

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    Termination of Contract in Germany

    A creditor can terminate a contract if the debtor fails to perform after a reasonable period for performance was specified.

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    Rights in Continental Legal Systems

    Parties have the right to claim damages but also expect contract fulfillment enforced by courts.

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    Warranties vs. Conditions in English Law

    A party can escape a contract if the breached promise is a 'condition', not a 'warranty' which allows partial performance.

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    Moral Impossibility of Performance

    Performance is morally impossible if it endangers life, health, or freedom, not merely due to inconvenience.

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    Required Form in Continental Contract Law

    Lack of a required form makes the contract unenforceable but not necessarily void.

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    French Tort Law: Liability Conditions

    Liability is established through damage and causation; negligence is not always necessary under articles 1240 and 124.

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    Exceptio Non Adimpleti Contractus

    A legal principle allowing a party to withhold performance until the other party fulfills their obligations.

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    Breach of Contract Consequences

    In continental systems, the creditor can only claim damages unless the contract has specified essential terms.

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    Test your knowledge across various subjects with this general study quiz. It includes a mix of questions designed to challenge your understanding and recall. Perfect for students looking to gauge their overall learning progress.

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