Legal Codification Quiz

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What was the primary driver for the development of modern contract law?

The growth of international trade

The expansion of the Catholic Church's influence

The rise of feudalism in Europe

The Industrial Revolution (correct)

What is the key principle underlying the freedom of contract?

Parties are free to decide whether to enter a contract and its contents (correct)

Contracts are enforced based on the social status of the parties

Contracts must be fair and equitable for both parties

Contracts are binding only if approved by the legislature

What is the role of the court in modern contract law?

The court can only invalidate contracts based on legal incapacity

The court can only enforce contracts, not intervene in their contents

The court has no role in contract law, as it is purely a private matter

The court can strike down unfair terms used in general contract conditions (correct)

What is the purpose of contract law according to the passage?

To protect the freedom of contract and the binding force of consent Signup and view all the answers

What is the role of non-official actors in the development of contract law?

They can negotiate and agree on the contents of contracts, which then become binding Signup and view all the answers

How does the law intervene to protect one party against the other in contract law?

The law can invalidate a contract if one party was misled or lacked the necessary judgment Signup and view all the answers

Which of the following statements accurately describes the role of academic criticism in civil law jurisdictions?

Academic criticism is one of the factors that contributes to the development of private law in civil law jurisdictions. Signup and view all the answers

What is the role of soft law in contract law?

Soft law provides non-binding guidelines and principles that can influence the interpretation and application of contract law. Signup and view all the answers

Which of the following actors is not directly involved in the making of private law?

Government bureaucrats Signup and view all the answers

What is the primary purpose of private law?

To facilitate the pursuit of individual goals without state authorization. Signup and view all the answers

How does the text characterize the relationship between private law and public interests?

Private law competes with and is influenced by countervailing public concerns. Signup and view all the answers

What is the significance of the statement by Ulpian, the Roman jurist, mentioned in the text?

It highlights the distinction between private law and public law. Signup and view all the answers

What is the role of academic criticism in civil law jurisdictions, according to the passage?

Academic criticism can turn a legislative provision into a dead letter in some civil law jurisdictions. Signup and view all the answers

What is the role of 'soft law' mentioned in the passage?

Soft law takes the form of restatements, guidelines, principles, and model rules. Signup and view all the answers

How does the passage describe the role of non-official actors in developing the law?

The role of non-official actors is gaining relevance in the development of the law. Signup and view all the answers

According to the passage, what is the primary view of private law as a 'means to an end'?

Private law works as an instrument to reach an external goal, such as economic efficiency. Signup and view all the answers

What is the primary criticism of the 'means to an end' view of private law, according to the passage?

The 'means to an end' view presumes that people only act under the influence of incentives or sanctions, which is not supported by evidence. Signup and view all the answers

What is the main argument for the view of private law as a 'normative system'?

Private law is primarily concerned with articulating norms of conduct between citizens. Signup and view all the answers

According to the passage, what is the main weakness of contract law?

Consumer-buyers, insurees, tenants, employees, and small businesses often have to simply accept the terms of a contract dictated by their economically stronger and more experienced counterparts. Signup and view all the answers

What is the core function of contract law, according to the passage?

Contract law is the main tool to facilitate and regulate economic transactions and allow for division of labor. Signup and view all the answers

How does the passage characterize the legal definition of a contract?

Contracts are legally binding agreements, regardless of whether they are written down or not. Signup and view all the answers

What is the main argument made in the passage for viewing private law as a 'means to an end'?