EU Private Law Quiz PDF

EU Private Law | Print - Quizizz https://quizizz.com/print/quiz/5c3f30b0daaf12001bc7a844 NAME :...

EU Private Law | Print - Quizizz https://quizizz.com/print/quiz/5c3f30b0daaf12001bc7a844 NAME : CLASS : EU Private Law DATE : 160 Questions 1. In EPL, Prof. Martuccelli/Prof. Ricci - Competition Law, despite the different schools’ approaches, “consumer welfare” is: a) A primary objective b) A secondary objective c) It is irrelevant (neither a primary nor a second objective) 2. An historical example of pro-competition rules can be found in: a) the Code of Justinian b) Sherman Act c) American Constitution 3. The Sherman Act was passed by the U.S. Congress in: a) 1690 b) 1890 c) 1990 4. In the evolution of Competition law, the two most important American schools of thoughts were: a) San Francisco and Cambridge b) Oxford and New York c) Harvard and Chicago 5. The European Community Competition system is composed by: a) Regulations (e.g Reg. no. 1/2003/EC) b) Articles of the TFUE, Regulations, Notices and jurisprudence of the EC Courts c) Jurisprudence of the EC Courts 6. The TFEU regulates: a) under section 101 undertakings and b) under section 101 the abuse of dominant concerted practices and under section 102 position and under section 102 undertakings the abuse of dominant position and concerted practices c) under section 101 and 102 the abuse of dominant position 7. Regulation no. 1/2003/EC, adopted on the 16 December 2002, in force since 1st May 2004, is crucial to: a) understand the new relationship of EU b) understand the new Italian competition law competition law and national competition law, authorities and courts c) understand the new relationship of EU competition law and American competition law, authorities and courts 1 di 28 19/11/19, 14:16 EU Private Law | Print - Quizizz https://quizizz.com/print/quiz/5c3f30b0daaf12001bc7a844 8. A fundamental case of the ECJ, regarding the direct application of Section 101 and 102, ruling ex art 267 TFUE, is: a) Clayton Act b) Crehan v. Courage c) American Tobacco & Co 9. According to the definition by the European Commission, a relevant product market comprises all those products and/or services which are regarded as interchangeable or substitutable by the consumer: a) by reason of the products’ characteristic, b) by reason of the products’ characteristic and shape and size descriptions c) by reason of the products’ characteristic, their prices and intended use 10. According to the definition by the European Commission, a relevant geographic market comprises: a) the area in which the firms concerned are b) the nation in which the firms concerned are involved in the supply of products or services involved in the supply of products or services and in which the conditions of competition and in which the conditions of competition are sufficiently homogenous are violated c) the area in which the firms concerned are involved in the supply of products or services and in which the conditions of competition are sufficiently dis-homogenous 11. In the United Brands case 27/76, the ECJ stated that a) softness, heedlessness, taste and handling b) softness, heedlessness, taste and handling quality of bananas were irrelevant in deciding quality of bananas were relevant in deciding that they could reasonable be considered to that they could reasonable be considered to form a distinct market from the of fruit more form a distinct market from the of fruit more generally generally c) it is not possible to identify a distinct market in cases regarding fruits 12. The definition of “market power” is: a) crucial to identify undertaking and concerned b) is irrelevant for competition law practices c) is crucial to identify a dominant position 13. Consequences of violation of article 101. Any agreement or decisions prohibited pursuant this article: a) shall be automatically void b) shall be renegotiated c) shall be valid but subjected to a fine 14. A definition of undertakings, which is extremely important for both article 101 and 102: a) is provided by the European treaties b) is provided by the European Commission c) is provided by the European Parliament 2 di 28 19/11/19, 14:16 EU Private Law | Print - Quizizz https://quizizz.com/print/quiz/5c3f30b0daaf12001bc7a844 15. The Game theory and the prisoner dilemma were elaborated by: a) The European Commission b) Senator Sherman c) J. Nash 16. The SSNIP is the abbreviation of: a) Small but Significant Natural Increase in b) Small Significant Non-transitory Increase in Price Price c) Small but Significant Non-transitory Increase in Price 17. Which of the following condition is necessary to benefit from the exemption described in article 101.3? a) Improvement of safety standards b) Increase of efficiency c) Limitation of competition 18. Art 102 TFUE provides: a) a definition of undertakings b) a definition of geographical market c) a lists of certain abusive conducts 19. What is the impact of European legislation (i.e articles 101 and 102 TFUE) on the member states’ legal systems? a) It is not applicable b) Direct horizontal effect c) Precludes the application of national equivalent law 20. The "passing on" defense allows: a) a defendant to argue that a claimant's loss b) a defendant to argue that a claimant's loss has been increased by the claimant having has been reduced or negated by the claimant passed on to his customer all, or a portion of, having passed on to his customers all, or a any overcharge resulting from the portion of, any overcharge resulting from the defendant's actions defendant's actions c) a defendant to argue that a claimant did not suffer any loss 21. It is possible to start a damages action for infringement of: a) Art. 101 b) Art.102 c) Art. 101 and 102 22. If we look at fundamental case-law of the European Court of Justice such as Crehan-Courageand Manfredi (but also previous case-law such as Van Gen den Loosand Sabena), what is the impact of EU provisions such as Articles 101 and 102 TFEU on the national legal system? a) Direct horizontal effect b) Alternative application with national equivalent provisions c) It is excluded by the national equivalent provisions 3 di 28 19/11/19, 14:16 EU Private Law | Print - Quizizz https://quizizz.com/print/quiz/5c3f30b0daaf12001bc7a844 23. In private enforcement cases, damages are awarded upon demonstration of: a) moral damages suffered b) actual loss and loss of profit c) the existence of a competition law infringement 24. The legal action based on the violation of competition law provisions is aimed at obtaining the payment of damages to the claimant. These are calculated on the basis of: a) lucrum cessans(loss of earnings) et damnum b) quantification of the damages as a lump-sum emergens(actual damage) c) the legal action only compensate the moral damages 25. Competition Law is aimed at granting a level playing field among competitors (effective competition) in order to enhance consumer welfare. Why Competition Law and European Private Law are intertwined? a) Because they both aim at increasing b) Because one aims at eliminating distortions efficiency among contractual parties of the markets’ forces and the latter provides the framework for European private law within which contracts are put in places c) Because they are both related to the European Union competition policy 26. At European level, what consumer’s protection means? a) To pay low prices b) To ensure efficient allocation of resources c) Consumer welfare 27. One way of defining the relevant market is to make recourse to the so-called SSNIP test. What SSNIP test means? a) Small but Significant non-transitory increase b) Significant and Small non-transitory increase of price of price c) Significant but Small non-transitory increase of price 28. What is the main purpose of defining the product and geographic market in European Competition Law? a) To understand how products or services have b) To identify the market of product and services been affected by anticompetitive behaviours and calculate the market share(s) detained by the relevant undertaking(s) in order to calculate its (their) position within that market c) To establish whether an anticompetitive behaviour is of European relevance 4 di 28 19/11/19, 14:16 EU Private Law | Print - Quizizz https://quizizz.com/print/quiz/5c3f30b0daaf12001bc7a844 29. Agreements represent a form of “cooperation” between undertakings. Under what conditions these agreements can be considered beneficial for the European internal market and, therefore, authorised as per Art. 101.3? a) When they enhance business among b) When they improve the consumers’ welfare Member States c) When they improve the production of goods 30. What is the relationship between European Competition Law provisions and national competition law? a) As per Art. 3 of Regulation 1/2003, when a b) They national authorities and national courts national court or national authority applies the are fully independent and can freely interpret national competition law should also take into national competition law consideration of the European equivalent articles (101 and 102 TFEU) c) The national authorities and national courts must interact with the European Commission and the European Courts to find a common and homogenous interpretation of national competition law 31. What European Member State does not have criminal sanctions for illegal cartels affecting life of its citizen (health sector, automobile sector, housing sector, food distribution, etc.)? a) UK b) Italy c) Greece 32. Can national lawyers’ regulatory bodies (for instance, Ordine degli Avvocati in Italy) be considered “economic entities” for Competition law purposes? Can they facilitate illegal agreements or forms of abuse of dominant position (like price fixing, exclusionary behaviours)? a) Yes b) No c) May be 33. In the Consumer Electronics Manufacturers case decided by the European Commission in July 2018 the European Commission imposed up to EUR 110 million of fines. The company involved were Asus, Denon, Marantz, Philips and Pioneer. In particular, how they infringed Art. 101 TFEU? a) They imposed export bans to the resellers in b) They used algorithms to adapt prices and various Member States special software to track the prices c) They agreed with Google to exclude their competitors from search results 5 di 28 19/11/19, 14:16 EU Private Law | Print - Quizizz https://quizizz.com/print/quiz/5c3f30b0daaf12001bc7a844 34. In Matra Hachette v Commission [Case T-17/93] the Court of First Instance (CFI), now General Court, stated that “there are no anti-competitive agreements which, as a matter of law, could never satisfy the four conditions set out in the provision. Even an agreement that has as its object the restriction of competition in the sense of Art. 81.1 (101.1) is capable, in principle, of satisfying the condition of Art. 81.3 (101.3): in this sense EU law differs from US law, since there are no agreements that are ‘per se’ illegal in the EU system”. This means that in the presence of price-fixing agreements what the undertakings need to show in order to benefit of Art. 101.3 exception? a) Extremely convincing evidence of the b) That they aim at enhancing production and benefits for the consumers distribution c) That they are successful entrepreneurs 35. What amongst the following is considered a positive effect for the purposes of Art. 101.3? a) Uniformity and quality of standardisation b) Avoid supplies’ shortage c) Increase the environment protection 36. InGlaxoSmithKline the European General Court held that the Commission had failed to carry out a proper examination of the factual arguments and evidence put forward by the company. What was the position of the European court of Justice? a) It confirmed that the General Court had b) The European Court of Justice agreed that accurately stated the position of the the General Court was wrong in assessing company, and dismissed the claim of the the position of GlaxoSmithKline and that Commission that the General Court had Glaxo was per se wrong in hindering parallel misapplied the case-law on the burden and imports, with no exceptions standard of proof in Art. 103 cases c) That parallel imports should always be facilitated 37. In the US Antitrust Law, what is not allowed as per Section 2 of the Sherman Act (1890). a) Abuse of dominance b) Fix the prices c) Attempt to monopolise 38. Why the ALCOA case is of paramount importance in US Antitrust Law? a) Because in 1945 Structural separation of b) Because showed that even a successful Alcoa was hailed as a pro competitive company could be forced to be dismembered remedy rather than a punishment in order to avoid monopolisation c) Because was one of the first cases of monopolisation authorised by the Department of Justice 6 di 28 19/11/19, 14:16 EU Private Law | Print - Quizizz https://quizizz.com/print/quiz/5c3f30b0daaf12001bc7a844 39. In the most recent Google case (18.07.18) decided by the European Commission, Google was fined with EUR 4.3 billion for abuse of dominant position for having illegally imposed restrictions on Android device manufactures. What behaviour was considered abusive? a) Manipulated search engines in order to b) Made payments to certain mobile network exclude competitors operators on condition that they exclusively preinstalled Google search app on their device c) Modified the operational system of Android so they crashed if Google was not installed 40. Private enforcement and European Directive 2014/104 introduced certain rules governing actions for damages under national law for infringements of the competition law. It introduced: a) Possibility of forum shopping b) Possibility of suing foreign companies that attempt to enter the Italian market c) Possibility of suing Italian companies on the basis of European Competition Law for anticompetitive practices 41. The principle of good faith is provided: a) only by the Principles of European Contract b) only by the European Contract Code Law c) by the Principles of European Contract Law, by the European Contract Code and by the UNIDROIT Principles of international commercial Contracts 42. The Principles of European Contract Law will apply when the parties: a) have agreed to incorporate them into their b) have agreed that their contract is to be contract or that their contract is to be governed by “general principles of law”, the governed by them; “lex mercatoria” or the like; c) none of the previous answers. 43. The Principles of European Contract Law may be applied: a) when the parties have agreed to incorporate b) when the parties have agreed that their them into their contract or that their contract contract is to be governed by “general is to be governed by them; principles of law”, the “lex mercatoria” or the like; c) none of the previous answers. 44. The Principles of European Contract Law are composed of: a) two Parts b) three Parts c) four Parts 7 di 28 19/11/19, 14:16 EU Private Law | Print - Quizizz https://quizizz.com/print/quiz/5c3f30b0daaf12001bc7a844 45. The Part of the Principles of European Contract Law dealing with remedies is the: a) I Part b) II Part c) III Part 46. The Principles of European Contract Law have been drawn by: a) an independent body of experts from each b) the members of the Academy of European Member State of the European Union Private Lawyers c) the judges of the Court of Justice of European Union 47. Each party of a contract, according to the Principles of European Contract Law: a) must act in accordance with good faith and b) may act in accordance with good faith and fair dealing; fair dealing, if not excluded; c) may act in accordance with good faith and fair dealing, if expressly provided 48. According to the Principles of European Contract Law, the parties of a contract: a) can not choose to have their contract b) may choose to have their contract governed governed by the Principles; by the Principles, if the application of national mandatory rules would be unreasonable; c) may choose to have their contract governed by the Principles, with the effect that national mandatory rules are not applicable, where the otherwise applicable law so allows 49. According to the Principles of European Contract Law, the parties of a contract: a) may exclude at all the application of any of b) may exclude at all the application of any of the Principles. However, the parties can not the Principles. However, the parties can not vary their effects derogate from their effects c) may exclude the application of any of the Principles or derogate from or vary their effects, except as otherwise provided by the Principles 50. Does silence or inactivity, according to the Principles of European Contract Law, amount to acceptance of a contract? a) always b) not in itself c) never 8 di 28 19/11/19, 14:16 EU Private Law | Print - Quizizz https://quizizz.com/print/quiz/5c3f30b0daaf12001bc7a844 51. According to the Principles of European Contract Law, are the parties bound by a usage which would be considered generally applicable by persons in the same situation as the parties? a) yes, always b) no, never c) yes, except where the application of such usage would be unreasonable 52. The remedy for breach of the duty of confidentiality, according to the Principles of European Contract Law a) may include compensation for loss suffered b) includes only compensation for loss suffered and restitution of the benefit received by the other party c) includes only restitution of the benefit received by the other party 53. There is a sufficient agreement (in order to conclude a contract), according to the Principles of European Contract Law, when: a) the terms have been sufficiently defined by b) the terms have been sufficiently defined by the parties so that the contract can be the parties so that the contract can be enforced, and can be determined under enforced or can be determined under Principles of European Contract Law; Principles of European Contract Law; c) the terms are entirely defined by the parties 54. According to the Principles of European Contract Law, reasonableness: a) is to be judged by what persons acting in b) is a yielding of judgment or preference from good faith and in the same situation as the respect to the wishes or opinion of another; parties would consider to be reasonable; c) is not taken into consideration 55. According to the Principles of European Contract Law, the intention of a party to be legally bound by contract is to be determined: a) only from the party’s written statements; b) by the other party; c) from the party’s statements or conduct as they were reasonably understood by the other party. 56. The essential elements of a contract, according to the European Contract Code, are: a) the agreement of the parties and the content b) the agreement of the parties, the content and the consideration c) the agreement of the parties, the content, the consideration and the form 9 di 28 19/11/19, 14:16 EU Private Law | Print - Quizizz https://quizizz.com/print/quiz/5c3f30b0daaf12001bc7a844 57. According to the European Contract Code, the parties: a) are bound to handle with reserve any b) are bound to handle with reserve any information obtained during negotiations confidential information obtained during negotiations c) are not bound to handle with reserve any information obtained during negotiations 58. The offer, according to the European Contract Code, is not effective until: a) it is received by the party to whom it is b) it is accepted by the party to whom it is directed; directed; c) it is refused by the party to whom it is directed. 59. According to the European Contract Code, a statement aiming to form a contract amounts to an offer if it contains: a) all terms of the said contract b) a complete invitation to make an offer c) an advertising communication 60. The offer, according to the European Contract Code, is irrevocable if: a) it is made to the public b) the offeror has expressly bound himself to keep it open for a certain period c) the offeror has not specified that the offer is revocable 61. According to the European Contract Code, the acceptance is effective: a) when it is sent to the offeror b) when the offeror has knowledge of it c) only if the offer is irrevocable 62. Do silence and inactivity amount to acceptance, according to the European Contract Code? a) Yes, always b) No, never c) Yes, but only in the cases expressly provided 63. The dealer who proposes a contract to a consumer off commercial premises: a) is bound to inform him by any means of his b) is bound to inform him in writing of his right to right to withdraw from said contract, withdraw from said contract, according to the according to the European Contract Code European Contract Code c) is not bound to inform him of his right to withdraw from said contract, according to the European Contract Code 10 di 28 19/11/19, 14:16 EU Private Law | Print - Quizizz https://quizizz.com/print/quiz/5c3f30b0daaf12001bc7a844 64. If the thing provided has been made, after the conclusion of the contract, by the party who delivers it according to the design and indications of the other party or mainly by using the material provided by the latter, according to the European Contract Code, the contract concluded is: a) a sale b) a contract for services c) a lease 65. If the thing provided is mainly the result of the workmanship or other services of the manufacturer, according to the European Contract Code, the contract concluded is: a) A sale b) A lease c) A contract for services 66. Unless the law states otherwise, according to the European Contract Code, a contract contrary to public policy or morals is: a) null b) annullable c) valid but ineffective 67. The UNIDROIT Principles of international commercial contracts consist of: a) 1 Preamble and 120 Articles b) 1 Preamble and 185 Articles c) 1 Preamble and 211 Articles 68. The UNIDROIT Principles of international commercial contracts shall be applied: a) when the parties have agreed that their b) when the parties have agreed that their contract be governed by them contract be governed by general principles of law, the lex mercatoria or the like c) none of the previous answers 69. The UNIDROIT Principles of international commercial contracts shall be applied: a) when the parties have agreed that their b) when the parties have not chosen any law to contract be governed by general principles of govern their contract law, the lex mercatoria or the like c) none of the previous answers 70. The mandatory character of a provision, according to the UNIDROIT Principles of international commercial contracts: a) is normally expressly indicated b) is normally implicitly derived c) is always excluded 11 di 28 19/11/19, 14:16 EU Private Law | Print - Quizizz https://quizizz.com/print/quiz/5c3f30b0daaf12001bc7a844 71. According to the UNIDROIT Principles of international commercial contracts, a notice is effective: a) when it is sent to the person to whom is given b) when it reaches the person to whom is given c) when it is accepted by the person to whom is given 72. For the purpose of the UNIDROIT Principles of international commercial contracts, what is the essential element that distinguishes a long-term contract between an ordinary exchange contract? a) duration of the contract b) an ongoing relationship between the parties c) complexity of the transaction 73. According to the UNIDROIT Principles of international commercial contracts, “obligor” refers a) to the party who is to perform an obligation b) to the party who is entitled to performance of that obligation c) none of the previous answers 74. According to the UNIDROIT Principles of international commercial contracts, “obligee” refers: a) to the party who is to perform an obligation b) to the party who is entitled to performance of that obligation c) none of the previous answers 75. According to the UNIDROIT Principles of international commercial contracts, an offer becomes effective: a) when it is sent to the offeree b) when it reaches the offeree c) when it is withdrawn by the offeror 76. An offer, according to the UNIDROIT Principles of international commercial contracts, may be rejected: a) only expressly b) only impliedly c) either expressly or impliedly 77. A contract, according to the UNIDROIT Principles of international commercial contracts: a) may be proved by any means, including b) may be proved by any means, except witnesses witnesses c) may be proved by the means listed in General Principles 78. According to the UNIDROIT Principles of international commercial contracts, the parties may exclude the application of these Principles or derogate from or vary the effect of any of their provisions: a) always b) never c) except as otherwise provided in the Principles 12 di 28 19/11/19, 14:16 EU Private Law | Print - Quizizz https://quizizz.com/print/quiz/5c3f30b0daaf12001bc7a844 79. According to the UNIDROIT Principles of international commercial contracts, a party’s liability for negotiating in bad faith is limited to the losses caused to the other party. In other words, the aggrieved party: a) may recover only the expenses incurred in b) may recover the expenses incurred in the the negotiations negotiations and may be compensated for the lost opportunity to conclude another contract with a third person c) may recover the expenses incurred in the negotiations and the profit which would have resulted had the original contract been concluded 80. According to the UNIDROIT Principles of international commercial contracts, a general duty of confidentiality: a) is provided: the parties shall normally treat b) is not provided: according to the general duty the information they have exchanged as of disclosure, the parties can not treat the confidential; information they have exchanged as confidential c) is not provided: the parties are normally under no obligation to treat the information they have exchanged as confidential 81. What is the basis for a defective product liability? a) Any lack of conformity with the contract b) Lack of safety c) Both of them 82. As a general rule, who is the liable person for a defective product? a) The producer b) The seller c) Both of them 83. As a general rule, If a “defective product” is manufactured outside the EU, who is the liable person?: a) The seller b) The producer c) The importer to EU 84. As a general rule, who of these persons is not considered as a “producer” of a defective product?: a) The supplier b) The importer to EU c) Who present himself as a producer 85. For the purpose of product liability, “product” means movables: a) With the exception of primary agricultural b) Including primary agricultural products and products and game game c) Which have urdergone initial processing 13 di 28 19/11/19, 14:16 EU Private Law | Print - Quizizz https://quizizz.com/print/quiz/5c3f30b0daaf12001bc7a844 86. For the purpose of product liability, “product” means: a) All movables b) Only tangible movables c) Only movables which have undergone initial processing 87. For the purpose of product liability, “product” includes: a) Gas b) Water c) Electricity 88. What type of damages are covered by the defective product liability? a) Only death and personal injuries b) Death , personal injuries and some material damages c) Only some material damages 89. In case there is an explosion caused by a “defective product” in class, what damages would be covered by "product liability"?: a) Damage caused to the class computer b) Damage caused to the professor’s bag c) Both of them 90. In case there is an explosion caused by a “defective product” at home, what damages would be covered by “product liability”: a) Damage caused to computer that is used b) Damage caused to the consumer’s personal primarily for work belongings c) Both of them 91. What type of damages are covered by product liability? a) Damage to the defective product itself b) Damages to any other item of property c) Non material damages 92. When the defective product liability is extinguished? a) 10 years after the product is put into b) There is not limit at all circulation c) Three years from the production of damage 93. What is time limit for the recovery of damages caused by a defective product?: a) Three years from awareness of damages b) Ten years from the causation of damages c) Three years from the causation of damages 94. According to the case of ECJ explained in class, a defective product which is produced in the course of providing a medical service is “put into circulation”: a) When it leaves the sphere of control of the b) When it is used in the course of providing a producer medical service c) When it is used for strictly internal use by the producer 14 di 28 19/11/19, 14:16 EU Private Law | Print - Quizizz https://quizizz.com/print/quiz/5c3f30b0daaf12001bc7a844 95. According to the case of ECJ explained in class, the “precise content” of the two types of damages covered by the liability product Directive: a) Must be completely left to Member States b) Must be left to Member States provided that although full compensation under the full compensation under the Directive is Directive is not available available c) Must be determine under Community law 96. Mary receives a blood transfusion treated by a known transfusion center in a hospital. The blood was infected with Hepatitis C virus. Who is the liable person? a) The hospital b) The transfusion center c) Both of them 97. The producer canbe exempt from liability if he proves a) He acted with due diligence b) He did not put the product into circulation c) A third party contributed to the damage caused by the defective product 98. The liability of the producer may be reduced or disallowed when the damage is caused: a) Both by a defect in the product and by the b) Both by a defect in the product and by the act fault of the injured person or omission of a third party c) In both cases (letters a) and b) 99. An appliance exploits at home due to bad performance one year after its acquisition. This case could be cover: a) By the product liability Directive b) By the Directive 1999/44 on consumer guarantees c) Both of them depending of the damages caused and the claim of the victim 100. The Directive 1999/44/EC, on certain aspects of the sale of consumer goods, regulates: a) General remedies for non performance of an b) Only specific remedies for lack of conformity obligation derived from a sales contract with the contract in the sales contract c) General remedies for the sales contract 101. According to the Directive 1999/44/EC, the lack of conformity has to exist: a) At the time of delivery b) At the time when the risks passes to the buyer c) At the time of conclusion of the contract 102. What are the “consumer goods” covered by this Directive? a) Any kind of goods b) Moveable goods c) Tangible moveable goods 15 di 28 19/11/19, 14:16 EU Private Law | Print - Quizizz https://quizizz.com/print/quiz/5c3f30b0daaf12001bc7a844 103. Which of these consumer goods is excluded “in any case” from the scope of consumer guarantees Directive? a) Gas b) Water c) Electricity 104. According to the Directive 1999/44/EC, goods are presumed to be in conformity with the contract when “show the quality and performance”: a) Which are normal in goods of the same type b) Which the consumer can reasonably expect; c) Which are normal in goods of the same type and which the consumer can reasonably expect 105. If installation forms part of the contract of sale, an incorrect installation of the consumer goods shall be deemed as lack of conformity : a) In any case b) Only if the goods were installed by the seller or under his responsibility c) Only if the incorrect installation is due to a shortcoming in the installation instructions 106. According to the Directive 1999/44/EC, which are the remedies provided for by the consumer guarantees Directive as a first option? a) eduction of price and rescission of the b) The repair or replacement of the product contract c) The repair of the product 107. The “seller” may refuse the remedy chosen by the consumer if: a) It is impossible or disproportionate b) It implies significant inconvenience c) Both of them 108. As a general rule, who is the liable person in case of lack of conformity with the contract: a) The producer b) The seller c) Both of them 109. In case of lack of conformity resulting from an act or omission “by the producer”, the person who is liable to the consumer is: a) The seller b) The producer c) Both of them 16 di 28 19/11/19, 14:16 EU Private Law | Print - Quizizz https://quizizz.com/print/quiz/5c3f30b0daaf12001bc7a844 110. The rules on remedies by a seller for contract of sale in the DCFR are: a) Generalized and placed in Book III (general b) Excluded from its scope remedies for non performance of an obligation) c) Regulated in a unique and specific way for the contract of sale 111. If the lack of conformity becomes apparent within 6 months of delivery it is for the consumer to prove that: a) The lack of conformity exists b) The lack of conformity existed at the time of delivery c) None of them 112. As a general rule, in case of lack of conformity is for the consumer to prove: a) The lack of conformity at the time of delivery b) The lack of conformity at the time of conclusion of the contract c) Just the lack of conformity exists 113. The seller produces a manual indicating that a product is made by natural components and the test performed indicates that it is not true. The allergic reaction produced by the product: a) Will be covered by the Directive 85/374 b) Will be covered by the Directive 1999/44 c) will be covered by both Directives 114. The right to claim compensation for “moral damages” are conferred: a) By the Directive 1999/44 b) By the Directive 85/374 c) None of them 115. In the Directive 1999/44 the obligation of notification of the lack of conformity is: a) Subject to principle of minimum b) Explicitly excluded for consumer contracts harmonization c) Optional for Member States to impose it on the consumer 116. The regulation of DCFR contains an explicit distinction and separated regulation (in different Books) of: a) Contracts and obligations/rights resulting b) Consumers contracts and professionals from contract contracts c) Consumers contracts and the rest of sales contracts 17 di 28 19/11/19, 14:16 EU Private Law | Print - Quizizz https://quizizz.com/print/quiz/5c3f30b0daaf12001bc7a844 117. The DCFR covers: a) All sales contracts b) Sales contracts excluding professionals contracts c) Sales contracts excluding contracts between individuals parties 118. In the DCFR, the concept of lack of conformity and remedies attached, are regulated: a) In different Books b) Only for consumers contracts c) Only for contracts between individual parties 119. The DCFR is: a) A politically authorized law b) An academic text c) Both, an academic and politically authorized law 120. 40) The aim of developing a DCFR was to use it: a) For reviewing the existing acquis b) For drafting new legislation c) For reviewing the existing acquis and drafting new legislation 121. How are the principles of freedom, security, justice and efficiency regarded in the context of the European contract law? a) they are regarded as ends in themselves b) they are regarded as a means to promoting welfare and to pursue other related ends c) they are considered only if they coincide with the national interest 122. Under the DCFR freedom can be protected: a) by keeping formalities to a minimum b) by not laying down mandatory rules or other controls and by not imposing unnecessary restrictions of a formal or procedural nature on peoples’ legal transactions c) by enforcing the performance of contractual obligations that can literally still be performed according to the original contract terms even if the circumstances in which the obligations were assumed were completely different to those in which they fall to be enforced 123. Under the DCFR freedom can be promoted: a) by enhancing the capabilities of people to do b) by protecting person’s rights to health and things physical integrity c) by keeping formalities to a minimum 124. Party autonomy should be respected… a) …unless there is a good reason to intervene; b) …in every case and should not be limited; c) …unless it overlaps with the other principles 18 di 28 19/11/19, 14:16 EU Private Law | Print - Quizizz https://quizizz.com/print/quiz/5c3f30b0daaf12001bc7a844 125. The DCFR… a) … contains a provision according to which b) … takes as self-evident that parties can parties can contract only for themselves, contract only for themselves, unless unless otherwise provided otherwise provided c) … takes as self-evident that contracts may also affect third party rights, unless there is a good reason to exclude it 126. When a contract is contrary to public policy … a) …is a matter for law outside the scope of the b) …is not a matter for law outside the scope of DCFR, thus it is necessary that the DCFR the DCFR, thus it is necessary that the DCFR spells out when a contract is contrary to it spells out when a contract is contrary to it c) …is a matter for law outside the scope of the DCFR, thus the DCFR doesn’t spell out when a contract is contrary to it 127. May remedies provided in cases of mistakes and similar cases, which do not involve deliberate wrongdoing, be excluded or restricted? a) No, they may not be excluded or restricted, b) Yes, they may be excluded or restricted, but due to the protection of the part in a weaker the clause that provides it is subject to the position controls over unfair terms that have not been negotiated c) Yes, they may be excluded or restricted, but only if the weaker part is rewarded with an appropriate amount 128. Which of the following answers is the right one? a) EU law prohibits discrimination on the b) EU law and the DCFR prohibits grounds of gender, race or ethnic origin and discrimination on the grounds of gender, race provides appropriate remedies, whereas the or ethnic origin and provides appropriate DCFR deals only with those on the ground of remedies citizenship c) EU law and the DCFR prohibits only discrimination on the ground of citizenship 129. Which of the following answers is the right one? a) In the DCFR, the classical defence of b) In the DCFR, the classical defence of mistake has not been supplemented by mistake has been supplemented only by duties to give the other party any information duties to give the other party the information which is essential to prevent that party from making a mistake as to the substance of the thing sold c) In the DCFR, the classical defence of mistake has been supplemented by duties to give the other party the information which is essential to enable that party to make a properly informed decision 19 di 28 19/11/19, 14:16 EU Private Law | Print - Quizizz https://quizizz.com/print/quiz/5c3f30b0daaf12001bc7a844 130. Which of the following answers is the right one? a) The DCFR contains the same controls which b) The DCFR contains controls which deal with deal with the lack of information as to terms the lack of information as to terms of the of the contract in contracts between contract in contracts between businesses, businesses as well as in consumer contracts though the controls are of a more restricted kind than for consumer contracts c) The DCFR doesn’t contain controls which deal with the lack of information as to terms of the contract in contracts between businesses 131. A mandatory rule giving the consumer the right to withdraw from a timeshare contract … a) … may be justified only if parties were not b) … may not be justified if parties were provided with the relevant information provided with the relevant information, so in this case they should be bound by the contract to which they agreed c) … may be justified even if parties were provided with the relevant information, and specifically even if consumers have been well informed, because possibly they will not be able to make effective use of the information 132. The model rules impose non-contractual obligations… a) … in compliance with the underlying principle b) … in compliance with the underlying principle of freedom, only if that is clearly justified of freedom, only if the parties agree with them c) …only if the security of natural and legal persons can be threatened 133. As a specification of the principle of freedom, which is the underlying principle in the law on unjustified enrichment? a) One person can always force another to pay b) People are free to hold what they have and for an enrichment resulting from a an obligation to redress an enrichment is disadvantage to which the first person has imposed only in carefully regulated consented freely and without error circumstances c) People are free to hold what they have, until it is required back 134. Because of the fact that proprietary rights affect third parties generally, the principle of party autonomy has to be modified in property law and for that reason a) … parties cannot contract whenever they b) … parties are free to contract, but they have want to insert the conditions stated by the DCFR c) … parties are not free to create their own basic rules as they wish and, among other things. they are not free to modify the basic rules on how ownership can be acquired, transferred or lost 20 di 28 19/11/19, 14:16 EU Private Law | Print - Quizizz https://quizizz.com/print/quiz/5c3f30b0daaf12001bc7a844 135. As a reflex of the principle of party autonomy, the parties to a transfer of goods can generally … a) … define for themselves the concept of b) … agree to an effective contractual possession prohibition on alienation c) … determine by agreement the point in time when ownership passes 136. Under the DCFR, the security of natural and legal persons in the normal conducting of their lives and affairs is protected against: a) discrimination on the grounds of gender, race b) unnecessary restrictions of a formal or or ethnic origin procedural nature on peoples’ legal transactions c) unlawful invasions of their rights and interests or by any unwanted disturbance of the status quo 137. According to the principle of contractual security, third parties… a) …must respect the situation created by the b) …must respect the situation created by the contract and may rely on that situation contract, but can’t rely on that situation c) …must respect any situation created by the law and must avoid making contracts to affect that situation 138. Which of the following is an aspect of security which appears in different parts of the DCFR? a) not laying down mandatory rules or other b) protecting reasonable reliance and controls expectations c) not imposing unnecessary restrictions of a formal or procedural nature on peoples’ legal transactions 139. Which of the following answer is the right one? If the parties have concluded a contract freely and with adequate information, then the contract should normally be treated as binding on them unless … a) … they freely agree to modification or b) … they freely agree to modification or termination or, when the contract is for an termination or one has given the other notice indefinite period, one has given the other of a wish to end the relationship and the notice of a wish to end the relationship other does not reply with a written letter within eight days c) … they don’t agree to modification or termination, but one has given the other notice of a wish to end the relationship and the other does not reply with a written letter within eight days 21 di 28 19/11/19, 14:16 EU Private Law | Print - Quizizz https://quizizz.com/print/quiz/5c3f30b0daaf12001bc7a844 140. According to the DCFR, which is the best way to promote contractual security? a) The answer turns on the nature of the b) Contractual security is better promoted by contract rules which, by using open terms like “reasonable” or by other means, leave room for flexibility c) In long term contracts for the provision of services, true security comes from the knowledge that the contractual relationship is governed by rigid rules, independently from any supervening circumstances. 141. In the DCFR, the principle of co-operation provides that… a) The parties are obliged to co-operate with b) The parties are obliged to co-operate with each other when and to the extent that this each other when this is necessary for the can reasonably be accepted for the performance of their contract performance of the debtor’s obligation c) Each part is obliged to co-operate with the other when this co-operation does not damage his interests 142. One of the main remedies under the DCFR is the right to enforce actual performance a) only if the obligation which has not been b) whether the obligation which has not been performed is non-monetary performed is to pay money or is non- monetary c) only if the obligation which has not been performed is to pay money 143. How can remedies as withholding of performance, termination, reduction of prince and damages used by creditor? a) They can be used in addition to the right of b) A creditor can use all remedies (included the performance, but not more than one; right of performance), even more than one, choosing himself the most adequate one according to his interest c) A creditor can use even more than one remedy (included the right of performance), provided that the remedies sought are not incompatible 144. Can the remedy of termination be used by the creditor in any case of non-performance? a) No, it can be used only in cases in which the b) No, it can be used just in cases in which the creditor’s interests will be seriously affected performance is impossible or if it is by the non-performance impossible for the debtor to provide the performance in time c) Yes, it can be use in any case, because this remedy is a consequence of the principle contractual security 22 di 28 19/11/19, 14:16 EU Private Law | Print - Quizizz https://quizizz.com/print/quiz/5c3f30b0daaf12001bc7a844 145. The «faveur pour le contrat» is recognized: a) in the provisions of the DCFR on the b) in the provisions of the DCFR on the limitations for the court to adapt a contract prohibitions for the court to adapt a contract which is affected by invalidity which is affected by invalidity c) in the provisions of the DCFR on the power of the court to adapt a contract which is affected by invalidity 146. How can the rule of prescription be seen, in the context of contractual security? a) It can be seen as a way to promote security b) It can be seen as a way to push the debtors by preventing disturbance of the status quo to quickly fulfill their obligations by the making of stale claims c) It can be seen as a way to guarantee a first rate performance. 147. Non-contractual liability aims at… a) …a social redistribution of wealth or the b) …punish who caused the damage and to integration of an individual in the community, enrich the injured party founded on social solidarity c) …reinstating the person suffering such damage in the position that person would have been in had the damage not occurred. 148. Can non-economic loss be compensated, under the discipline of non-contractual liability? a) Yes, this kind of loss can also be b) No, only economic loss can be compensated compensated c) Yes, this kind of loss can be compensated, but only if it implicates an economic damage 149. The non-contractual liability law of the DCFR has primarily the function… a) … of providing horizontal protection of human b) …of providing a protection of human rights rights vis-à-vis the State c) … of providing a protection of public interest 150. In the law on unjustified enrichment, how is the reliance of the recipient of the benefit protected? a) It is not protected, in order to ensure that a b) It is protected with the defense of wrongdoer is not permitted to profit from the disenrichment, where the recipient disposes exploitation of another’s rights of the benefit in a bona fide assumption that there is a right to do so c) It is protected by means of the compensation for possible damages deriving from the action 23 di 28 19/11/19, 14:16 EU Private Law | Print - Quizizz https://quizizz.com/print/quiz/5c3f30b0daaf12001bc7a844 151. Under the DCFR, are the effective remedies provided in property law the same as the remedies provided in contract law? a) Yes, equal remedies are provided, with some b) No, remedies are different, because they are structural difference designed to enable ownership and possession to be protected c) No, remedies are different, but the DCFR provides that contractual remedies are also and always available even in this kind of cases 152. What is the relation between the DCFR and principle of justice? a) The DCFR provides a specific definition of b) The DCFR does not provide a definition of justice and all its rules are inspired to this justice but it is the most important principle principle and never conflicts with other principles c) DCFR is an all-pervading principle within the DCFR and one of the four principles underlying it, but it is hard to define, impossible to measure and subjective at the edges 153. Within the DCFR, promoting justice can refer, among other things, to: a) holding people responsible for the b) promoting economic welfare consequences of their own actions or their own creation of risks c) not imposing unnecessary restrictions of a formal or procedural nature on peoples’ legal transactions 154. Are there in the DCFR exceptions to the rule of equal treatment, in the law on contracts? a) Yes, there are exceptions b) No, it is an implicit assumption behind all the rules on contracts and contractual obligations that parties should be treated equally by the law c) The only exception concerns consumer law: actually business and consumers are not treated alike 24 di 28 19/11/19, 14:16 EU Private Law | Print - Quizizz https://quizizz.com/print/quiz/5c3f30b0daaf12001bc7a844 155. The DCFR provides that “a person has a duty to act in accordance with good faith and fair dealing in performing an obligation, in exercising a right to performance, in pursuing or defending a remedy for non-performance, or in exercising a right to terminate an obligation or contractual relationship”. A breath of this duty… a) …gives rise to a liability to pay damages, in b) …never gives the rise to a liability to pay accordance to the principle of compensation damages c) …does not in itself give rise to a liability to pay damages but may prevent a party from exercising or relying on a right, remedy or defense 156. The purpose of rules on voidable contracts is… a) …to ensure that a party can escape from a b) …primarily to prevent the other party from contract concluded in the absence of a gaining advantage from conduct such as genuine freedom to contract, but often has fraud, coercion or threats the incidental effect of preventing the other party from gaining advantage from unlawful or dishonest conduct c) …to ensure that a party can’t escape from a contract, even if concluded in the absence of genuine freedom to contract, unless the other party gains advantage from his unlawful or dishonest conduct 157. A party is allowed to avoid a contract on the ground of unfair exploitation if the party was dependent on or had a relationship of trust with the other party, was in economic distress or ad urgent needs, or was improvident, ignorant, inexperienced, or lacking in bargaining skill… a)... in every case b) …only if the other party knew or could reasonably be expected to have known this situation and took an excessive and unfair advantage c) …only if the other party took an excessive benefit of advantage he would not have had without this situation 158. Under the DCFR are there rules designed to protect the vulnerable ones? a) yes, they are expressions both of freedom of b) No, there aren't contract and justice c) yes, the main example of this is the special protection afforded to business towards consumers 25 di 28 19/11/19, 14:16 EU Private Law | Print - Quizizz https://quizizz.com/print/quiz/5c3f30b0daaf12001bc7a844 159. Which of the following is an expression of the principle of Justice? a) the principle that a wrongdoer is not b) the approach of “favouring the contract” permitted to profit from the exploitation of («faveur pour le contrat») another’s rights c) the fact that third parties must respect the situation created by the contract and may rely on that situation 160. What is the influence of formalities in the DCFR? a) The DCFR doesn't allow formalities at all, in b) In the DCFR the general approach is order to facilitate efficiency informality, but there are exceptions in the DCFR itself and in national laws c) In the DCFR the general approach is formality, in order to guarantee protection; in some cases law can allow informalities 26 di 28 19/11/19, 14:16 EU Private Law | Print - Quizizz https://quizizz.com/print/quiz/5c3f30b0daaf12001bc7a844 Answer Key 1. b 57. b 113. a 2. a 58. a 114. a 3. b 59. a 115. c 4. c 60. b 116. a 5. b 61. b 117. a 6. a 62. c 118. a 7. a 63. b 119. b 8. b 64. b 120. c 9. c 65. c 121. b 10. a 66. a 122. b 11. b 67. c 123. a 12. c 68. a 124. a 13. a 69. c 125. b 14. b 70. a 126. c 15. c 71. b 127. b 16. c 72. a 128. b 17. b 73. a 129. c 18. c 74. b 130. b 19. b 75. b 131. c 20. b 76. c 132. a 21. c 77. a 133. b 22. a 78. c 134. c 23. b 79. b 135. c 24. a 80. c 136. c 25. b 81. b 137. a 26. c 82. a 138. b 27. a 83. c 139. a 28. b 84. a 140. a 29. c 85. b 141. a 30. a 86. a 142. b 31. b 87. c 143. c 32. a 88. b 144. a 33. b 89. b 145. c 34. a 90. b 146. a 35. a 91. b 147. c 36. a 92. a 148. a 37. c 93. a 149. a 38. a 94. b 150. b 39. b 95. b 151. b 40. c 96. b 152. c 41. c 97. b 153. a 42. a 98. a 154. a 43. b 99. c 155. c 44. b 100. b 156. a 45. a 101. a 157. b 46. a 102. c 158. c 47. a 103. c 159. a 48. c 104. c 160. b 49. c 105. b 50. b 106. b 51. c 107. a 52. a 108. b 53. b 109. a 54. a 110. a 55. c 111. a 56. a 112. a 27 di 28 19/11/19, 14:16 EU Private Law | Print - Quizizz https://quizizz.com/print/quiz/5c3f30b0daaf12001bc7a844 28 di 28 19/11/19, 14:16