General Study Quiz

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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?

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

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

A donation. (C) Signup and view all the answers

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

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

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

Riparian water rights (D) Signup and view all the answers

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

Animals caught do not belong to the landowner. (C) 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?

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

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

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

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

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

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

Minerals belong to the state in France, but to the surface owner in England. (C) 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?

The custodian can escape liability only by proving an external and unavoidable cause, or by showing the victim's contributory negligence. (C) 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?

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

What is one characteristic feature of French law?

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

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

A ground of justification (D) Signup and view all the answers

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

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

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

Intentional misconduct (A) Signup and view all the answers

How can misrepresentation be defined?

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

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

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

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

Reliance on fault-based liability (C) Signup and view all the answers

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

Moral obligation in the situation (B) Signup and view all the answers

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

The owner (D) Signup and view all the answers

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

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

Which definition accurately describes the tort of assault?

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

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

Article 1, Protocol 1 (C) Signup and view all the answers

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

Public accommodation laws (D) Signup and view all the answers

What belief leads parties to establish a servitude?

It will serve a mutual benefit (A) Signup and view all the answers

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

Pay compensation to the surface landowner (D) Signup and view all the answers

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

Not to obstruct access to a pathway (B) Signup and view all the answers

Under what condition is termination of contract permissible in Germany?

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

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

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

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

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

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

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

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

The contract is voided entirely (C) 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?

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

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

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

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

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

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

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

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

Servitude (A) Signup and view all the answers

What is the primary goal of restitution in contract law?

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

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

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

Why are racially restrictive covenants in housing unenforceable?

They violate the principle of equality and are discriminatory. (C) 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?

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

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

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

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

It is only excluded if a party has a valid reason for not having a duty of care. (D) 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.