Private Law Exam Questions & Answers PDF

PRIVATE LAW EXAM QUESTIONS 1. In the United States some courts have been issued that: a. Hunters acquire animals’ ownership only in wild and unclosed land; b. To hunt in wild and unclosed land the hunter needs and express licence; c. Animals caught do not belong to the landowner. 2. Marie builds h...

PRIVATE LAW EXAM QUESTIONS 1. In the United States some courts have been issued that: a. Hunters acquire animals’ ownership only in wild and unclosed land; b. To hunt in wild and unclosed land the hunter needs and express licence; c. Animals caught do not belong to the landowner. 2. Marie builds her new apartment close to the Charle De Gaulle airport in Paris. Which of the following statements is TRUE: a. She cannot complain about the airport’s noise; b. She can complain about the airport’s noise; c. She can promote an action of ejectment against the airport. 3. Which of the following statements is TRUE: a. The owner leaving the land idle is punished in civil and common law system; b. The owner cannot leave the land idle; c. The owner can leave the land idle. 4. In France, minerals belong to: a. The surface owner; USA b. The state; c. The individual person who nds them. 5. In England, minerals belong to: a. The surface owner; b. The state; c. The individual person who nds them. 6. In 1930 in France, the ‘Jandheur’ decision establishes that the custodian of a thing can escape or reduce liability: a. Only if he can prove and unforeseeable and unavoidable external cause of the damage; b. If he can prove and unforeseeable and unavoidable external cause of the damage or invoke the victim’s contributory negligence; c. Only if he can invoke the claimant’s assumption of risk. 7. In the United States, which of the following system is followed to regulate water rights? a. No federal system exists, since it depends from the state’s aridity; b. Federal prior appropriation; c. Federal riparian rights system. 8. According to art. 1168 of the French Civil Code, the general principle is: a. That a contract is not valid if there is an inequality between performance and counter- performance; b. The two sides of a contract must be balanced and that to pay less then a fair price is a sin; c. That a contract is valid despite the inequality of performance and counter-performance. 9. In the famous Donoghue v Stevenson case, the House of Lords: a. Held that the manufacturer’s contractual obligation to the buyer excluded that he owed the ultimate consumer a duty of care; b. Held that the manufacturer’s contractual obligation to the buyer did not exclude that he owed the ultimate consumer a duty of care; c. Established that there was a duty of care only for defects that the consumer was able to detect. 1 fi fi  10. Article 1243 of today French Civil Code provides strict liability for damage caused by an animal. The owner of an animal, or whoever is making use of it is liable for damage caused by the animal: a. Only if it had escaped or was lost; b. Whether or not the animal was under his control and whether it had escaped or was lost; c. Only if the animal was under his control. 11. Which of the following arguments explain the reason why traditionally the law of nuisances has been represented as an interference with the property idea?: a. Nuisances can damage the productive use of property; b. Nuisances mix tort and property law; c. Nuisances introduce a limitation to a right conceived as absolute. 12. According to the doctrine of frustration parties will be freed from their obligations under the contract, thus extinguishing liability for breach of contract, if: a. after the conclusion of the contract an unforeseen change in circumstances (for which neither party bears the risk) makes performance impossible, or very much more di cult than planned; b. before the conclusion of the contract an unforeseen change in circumstances (for which neither party bears the risk) makes performance impossible, or very much more di cult than planned; c. during the conclusion of the contract an unforeseen change in circumstances (for which neither party bears the risk) makes performance impossible, or very much more di cult than planned. 13. The e ect of a debtor successfully invoking frustration is that: a. the contract comes to an end by operation of the law but the situation permits a damages claim; b. the contract comes to an end by operation of a contractual clause; c. the contract comes to an end by operation of the law, which also excludes a damages claim. 14. Which one is not a valid motive for escaping liability invoking the doctrine of frustration?: a. The destruction of an essential element of contract; b. The economic di culties of one of the parties after the conclusion of the contract; c. The death of a party performing personally. 15. In the Anglo-American system which of the following considerations is relevant to identify an unreasonable interference?: a. an abnormal duration of the interference; b. the fault of the interference producer; c. a normal use of the land. 16. In Asher v. Whitlok (1865) which of the following rules emerged?: a. a prior possessor needs an evidence of title to recover his land; b. priority in possession is not relevant in the common law; c. a prior possessor without a title can recover his land. 17. In the common law which of the following principles emerged in the 19th century with regards to water appropriation?: a. occupation of another is not relevant for prescriptive rights; b. the rule of priority; c. a source of water belongs to the owner of the land where it ows. 18. In regard to omissions, the principle in English tort law is that: a. there is always a duty to act established by statutory law; b. there is no duty to act, unless one of the exceptions established in the case law applies; c. there is always a duty to act established by the case law. 2 ff ffi fl ffi ffi ffi  19. The German Code says that the debtor is not only responsible in case he is at fault. Attribuitability of the non-performance can also be based on other grounds. Which of the following is not one of these grounds?: a. It follows from the wording of the contract or its correct interpretation that the debtor will be strictly liable; b. The correctly interpreted contract shows that there is an obligation of means; c. The correctly interpreted contract shows that a party has taken on a guarantee, namely by undertaking that a particular risk will not occur and thus prevent the proper performance of the contract. 20. The French Civil Code of 1804: a. A places contract law in the book on ways to acquire property; b. Has a general part on private law and on the law of obligations.; c. Has a speci c book dedicated to provisions on juridical acts. German BGB Book 1 21. The "mirror image" rule: a. Means that silence can count as an acceptance of the o er. b. Means that the o eree does not formally accept the o er but acts as if it has accepted it. c. Means that the o eree unconditionally agrees with the terms of the o er. 22. The famous case HOME OFFICE V DORSET YACHT co. LTD? (1970): a. Held that the manufacturer's contractual obligation to the buyer (here the person who operated the cafe) did not exclude that he owed the ultimate consumer (here Ms Donoghue) a duty of care. Donoghue v Stevenson b. Stated that English tort of law does not consist of a structured system with general rules. c. Stated that the general duty of care for foreseeable harm ought to apply unless there is some justi cation or valid explanation for its exclusion. 23. In Common law “consideration": a. Is the goal that the parties pursue with the contract. b. Is the individual motive of a party to bind itself with a contract. c. Means that each party to the agreement must give, do or promise something in return. 24. The o er indicates: a. Both the intention of the o eror to be bound and the terms by which the o eror is willing to be bound. b. Makes clear to the o eror that the o eree unconditionally agrees with the terms. Mirror image c. Only the intention of the o eror to be bound. subjective 25. In Germany courts have often used the good faith provision to develop: a. Rules in unforeseen circumstances and control of general conditions of contract. b. Rules on contract ‘uberrimae fedei' (Latin for 'of the utmost good faith') English Law. c. Rules to create an individualistic and liberal contract law. 26. In the English law the form called "deed" is: a. A document drafted or authenticated by a notary for use in foreign country. b. A written document created by a notary on the basis of the declarations made in his present by parties. c. A signed, written documents, sealed and attested by a witness. 27. Threat or duress is: a. A misapprehension that is self-induced or caused by the other party statement or silence. b. A defect of consent based on the aim to assure a truly, freely exercised autonomy in assuming a binding obligation. c. A defect of consent based only on a physical o ence. 3 fi ff fi ff ff ff ff ff ff ff ff ff ff ff  28. In Civil law systems if the creditor claims damages for non-performance: a. A fault merely plays a role at most in deciding whether or not there is a breach of contract: if it does, them it is clear that the creditor can demand damages. b. Fault is never discussed. c. The debtor is only liable to pay damages to the creditor if the non-performance of the contract can somehow be attributed to it and it can be considered liable for it. 29. Local historic preservation laws often limit: a. The right to possess. b. The right to exclude. c. The right to destroy. 30. The 'Parol Evidence Rule’: a. Is always directed by nding the common intentions of the parties but if parties di er about what their common intention is the reasonable meaning to be given to the words in the circumstances of the case prevails. b. States that a written contract cannot normally be contradicted by evidence of a prior contract. c. Gives preferences to the real intention of the parties in the interpretation of contract. 31. The "Expression Theory”: a. Looks at what a party has declared, regardless of what its intention was. b. States that a party is bound if it could reasonably rely on the other party performing in the line with the declaration that it made. Reliance theory c. Look at the internal will of the party. Will theory 32. In France an "obligation of result”: a. Means that it has merely promised to take all necessary measures that a reasonable person in the same situation would undertake to achieve the purpose of the contract. b. Means only that someone o ers to look after the interest of another party. c. Means that contract shows that the debtor agreed to attain a certain result. 33. Possession is protected: a. To maintain peace in the society, against the use of force. b. To punish idle owners. c. To increase the set of remedies available for the owner 34. Occupation permits to acquire which type of property: a. Human body parts. b. Wild animals c. Shells. 35. Which of the following attributes does not describe the intruder's behaviour in adverse possession and prescription?: a. Violent b. Open c. Continuous 36. In the English tort law the nuisance torts deal with: a. Con icts between neighbours. b. The trespass to the person. c. The trespass to goods. 37. In English Tort Law "battery" is: a. The intentional and direct application of force to another person. b. An act which causes the claimant reasonable apprehension of the in iction of an aggression on him by the defendant. Assault c. A defamatory statement referring to the claimant that was published by the defendant Defamation 4 fl fi ff fl ff  38. In England, a system for keeping public record of land titles: a. has been introduced in 2008 in order to be compliant with the European Convention of Human Rights b. does not exist, since registration is applied only in continental Europe c. has been introduced for the rst time in 1925 39. In establishing a linkage between the non-performance of the contract and the harm su ered French lawyers limit compensation: a. using the doctrine of the damage not too remote b. speaking about the doctrine of 'adequate' causation c. to immediate and direct consequences of the breach 40. In the English Common Law if the debtor exercised due care, it will not be liable in damages because: a. the breach is excused b. there is no breach in the rst place since the debtor did all it was required to do under the contract c. the breach can be considered justi ed 41. In France, the State can grant a concession to private persons for exploiting minerals; the holder of the concession: a. should pay a compensation to the owner of the surface land for the interference produced in the use of the land b. should pay a compensation to the owner of the surface land because of the expropriation of the subsoil c. should deliver minerals to the State, since they are public goods 42. The so-called 'knock out' rule: a. entails that general conditions only become part of the contract in so far as they are common in substance b. entails that the conditions of the o eror prevail unless they were explicitly rejected in the acceptance c. considers each new reference to general conditions as a counter-o er 43. In France the so called "Loi Badinter" deals with: a. liability for motor vehicles b. the rights of the sick and health care system c. liability for damage caused by defective products 44. In France if the contract shows that the debtor has merely agreed an obligation of means: a. the creditor must prove that the debtor breached the by failing to take the care to be expected from the best possible person b. the creditor must prove only that the debtor breached the by failing to achieve the result c. the creditor must prove that the debtor breached the by failing to take the care to be expected from a reasonable person 45. In France art. 1359(1) Code civil (formerly art. 1341) prescribes that all transactions worth more than €1,500 must be made in written or notarial form, or the evidence of witnesses will be inadmissible. A limitation of this provision occurs: a. if the verbal contract constituted a transaction between a business and a consumer b. if the verbal contract in issue constituted a commercial transaction on the part of the defendant c. if the verbal contract involves the construction of a building 46. In the common law, title to land: a. is absolute b. is relative, since it is based on the better right theory c. derives from the coincidence between ownership and possession 5 ff fi fi fi ff ff  47. The doctrine of strict or 'absolute' liability for breach of contract in English Law dates back to: a. the case of Paradine v. Jane b. the case of Lochner v New York c. the case of Plessy v. Ferguson 48. In the case Anns v. Merton London Borough Council Judge Wilberforce stated that the question whether there is a duty of care consists: a. of only one principle: it must be recognized unless there is some justi cation or valid explanation for its exclusion b. of only one test: the existence of a su cient relationship of proximity or neighbourhood c. of two tests: the existence of a su cient relationship of proximity or neighbourhood and the necessity to consider whether there are any considerations which ought to negative, or to reduce or limit the scope of the duty 49. Which of the following institutions concern the right to string telephone lines across a private piece of land: a. nuisances b. servitudes c. tort law and compensation for damages 50. In principle, the aim of the restitution in contract law is: a. to punish the breach of the contract by one of the parties b. to restore the status quo that existed before the contract was made c. to compensate for damages a party has su ered 51. Which one of the following is not a characteristic of the doctrine of promissory estoppel in English law? a. a clear promise must have been made that the promiser will not enforce his legal rights against the promise b. the promisee must have acted in reliance on the promise, preferably to its own detriment c. it can not only prevent the enforcement of an existing right but also create a new right 52. A racially restrictive covenant established to prevent black people from living in a condominium: a. is enforceable, since it is not a personal servitude b. is not enforceable because the servitude is discriminatory c. is enforceable, since owners can introduce any sort of arrangement 53. Section 13 of the Supply of Goods and Services Act (1982) states that where a supplier o ering a service is acting in the course of a business: a. there is not any implied term about the service b. there is an implied term that the supplier will carry out the service and will achieve the nal result c. there is an implied term that the supplier will carry out the service with reasonable care and skill 54. According to Ronald Coase, when two activities are in con ict, the most e ective solution derives from: a. an evaluation of the court from which a certain remedy can be granted b. a costless negotiation among the parties who manage con icting activities c. a legal provision that places liability over the subject who can support the cost of compensation 55. The German statutory provisions contains requirements for liability. How many: a. Five: 1. The violation of a codi ed normative rule. 2. Unlawfuliness. 3. Intention or negligence. 4. Causation. 5. Damage. b. Three: 1. Intention or negligence: 2. Causation; 3. Damage c. Four: 1. Unlawfulness: 2. Intention or negligence: 3. Causation: 4. Damage 6 ff fi ffi ffi ff fl fl fi ff fi  56. In the French civil code, which of the following solutions can be applied in case of a con ict in the use of water? a. The rst owner of a land on a running watercourse can divert water for irrigation according to the priority rule b. The owner of the most arid land should prevail c. A balance between the interests of the owners should be identi ed by the judge 57. In German tort law in order to obtain compensation for pure economic losses a victim has to base his claim on: a. 823 II and S 826 b. 823 I c. 833 BGB 58. In England public notaries: a. attest and authenticates normal documents for use within the UK solicitor in UK b. are typically lay people without legal training, are not allowed to give any legal advice and their main task is to act as an impartial witness, to record sworn statements and to certify signatures notary public in US c. are qualitied lawyers who certify documents and transactions for use outside the UK 59. The notion of "estate" describes: a. the length of time for which an individual person owns the land b. the extent of a physical ownership of land c. the right to own a land for an individual's lifetime 60. One of the most characteristic features of French law is: a. a speci c codi ed taxonomy of the cases in which liability arises English law b. the dominant position of rules of liability based on fault German law c. the dominant position of rules of strict liability 61. In German tort law 'unlawfulness' can be rebutted by: a. invoking the violation of a codi ed normative rule b. invoking a ground of justi cation c. invoking the infringement of another person's protected right 62. In English law the so-called 'Caparo' test: a. creates a right in situations where there is no previous decision (precedent) b. applies to all situations without any systematic di erence c. only applies to novel situations, that is, when no previous decision (precedent) can be relied on 63. It is generally assumed that in English law the tort of negligence consists only of the following elements: a. a duty of care, a breach of that duty, and consequential damage b. a duty of care and consequential damage c. a duty of care and a breach of that duty 64. Misrepresentation can be de ned: a. as a standard of conduct that requires each party to take the interests of the other party into account b. as a spoken or written untrue statement of fact which induces a party to conclude a contract c. as a subjective state of mind of a person who does not know nor has reason to know of a certain fact 7 fl fi fi fi fi fi fi ff fi  65. The rule of ‘genus non perit means’ that: a. in cases where so-called generic goods are sold, the buyer cannot ask for their delivery b. in cases where so-called generic goods are sold, there can never be a case of absolute impossibility c. in cases where so-called generic goods are sold, there is always a case of absolute impossibility 66. In Germany termination of contract: a. is permissible if a debtor fails to perform on time or in line with the contract and the creditor has also speci ed, without result, a reasonable period for performance b. requires always intervention by the court because the creditor cannot terminate the contract himself c. is permissible only in case of breach of a condition, id. a term of the contract that is considered 'essential' 67. All continental legal systems in Europe today observe the principle that: a. in cases of non-performance parties have only the right to claim damages b. each party to a contract has the right to have that contract ful lled, and that the courts can also enforce such claims c. it is only in exceptional cases that the creditor who has not received performance can force the debtor to perform its promise 68. In order to distinguish between substantial and other breaches, English case law relies on the di erence between 'warranties’ and 'conditions'. Which of these statements is true?: a. A party is always entitled to escape from the contract b. A party is only entitled to escape from the contract altogether where the promise breached by the other party constitutes a ‘warranty' c. A party is only entitled to escape from the contract altogether where the promise breached by the other party constitutes a 'condition' 69. In a case of moral impossibility performance by the debtor: a. is 'grossly disproportionate' to the interest of the creditor in performance b. is not possible without unreasonable danger to his own (or another's) life, health or freedom c. is objectively or logically impossible 70. The legal consequence for the lacking of a required form in continental systems contract law: a. the contract is considered valid b. is to treat the contract as void c. the contract is not void, but simply unenforceable English law 71. In French tort law liability for one's own act is governed by two general provisions: articles 1240 and 124. These rules only require: a. damage and causation b. damage, causation, and a negligence c. damage and negligence 72. The 'exceptio non adimpleti contractus' means that: a. if the seller takes the initiative and demands payment of the purchase price, the buyer is obliged to pay b. if the seller takes the initiative and demands payment of the purchase price, the buyer can consider his obligations terminated c. if the seller takes the initiative and demands payment of the purchase price, the buyer can assert a right of retention by refusing to pay so long as the seller fails to meet its obligations 8 ff fi fi 73. The so called 'subjective good faith’: a. is a feature only of the English contract law b. sets a standard of conduct that requires each party to take the interests of the other party into account c. refers to a subjective state of mind of a person who does not know nor has reason to know of a certain fact 74. English law for termination of the contract: a. establishes that the creditor cannot claim damages until it has reminded the debtor of the maturity of its claim and has thereby put the debtor in ‘default b. insists on the setting of an additional deadline as a prerequisite for termination c. permits termination only if there is a fundamental breach or fundamental non-performance and, in these cases, setting an additional deadline is usually not necessary 75. Innocent misrepresentation exists if: a. an incorrect statement is made without fault, meaning that a party believed its statement to be true and could also reasonably believe this to be the case b. a party knows it is making a false statement c. a party carelessly makes a representation while having no reasonable basis to believe it to be true 76. In the United States, which of the following system is followed to regulate water rights?: a. federal riparian rights system; b. no federal system exists, since it depends from the state's aridity; c. federal prior appropriation 77. Which of the following element DOES NOT DESCRIBE possession: a. absence of the right to exclude others. b. physical control; c. the possessor behaves as if he were the owner 78. In the United States, some courts have been issued that: a. animals caught do not belong to the landowner b. hunters acquire animals' ownership only in wild and unclosed land; c. to hunt in wild and unclosed land the hunter needs an express license 79. According to art. 1168 of the French Civil code, the general principle is: a. that the two sides of a contract must be balanced and that to pay less than a fair price is a sin b. that a contract is not valid if there is an inequality between performance and counter- performance c. that a contract is valid despite the inequality of performance and counter-performance 80. In Germany these activities can be stopped applying the law of nuisances except: a. the opening of a brothel; b. noises from a music hall; c. industrial plant's pollution. 81. In Italy these activities can be stopped applying the law of nuisances except: a. noises from a music hall b. industrial plant's pollution c. the opening of a sex shop 82. From a theorical point of view 'subjective interpretation’: a. gives preference to the 'real intention of the parties b. gives preference to the meaning that would be given to the words by a reasonable person c. gives priority to the declaration and therefore to the external expression of the intention objective interpretation 9  83. The so-called 'contra proferentem rule’: a. entails that an ambiguity in a written contract must be interpreted against the person to whom the contract it presented b. entails that in a written contract evidence extrinsic to the express terms of the contract cannot be taken into account c. entails that an ambiguity in a written contract must be interpreted against the person who drafted it 84. Civil law countries typically require intervention of a notary in case of: a. a donation b. a binding contract between commercial parties c. a binding contract between non-commercial parties 85. In English law the doctrine of 'promissory estoppel’: a. is always available, can be applied in an unlimited number of cases b. states that parties can escape from the requirement of consideration by putting their agreement in a deed c. can make a promise binding even if there is no consideration for it 86. Which of the following is an example of a right to use property that does not include the ownership of that property: a. riparian water rights b. adverse possession of personal property USUCAPIO/SQUATTER RIGHT c. trade secrets 87. Which of the following is not one of the powers of the owner in the civil law tradition?: a. power to create a lease b. power to sell c. power to create a limited interest in property beyond the numerus clausus principle 88. In the Te aine decision in 1896, the French Cour de cassation read article 1242 (1) in an innovative light: a. to create a liability regime for rebuttable fault for pure economic loss b. to create a liability regime for rebuttable fault for damage caused by a thing c. to create a strict liability regime 89. A market economy as is now prevalent in almost the entire world is based: a. on the premise that people and companies should make their own bargains on the basis of a state planning about the exchange of goods and services b. on the premise that people and companies should make their own bargains on the basis of a voluntary exchange of goods and services c. on the premise that people and companies should make their own bargains on the basis of the status of contracting parties 90. The BGB states about revocation of an o er that: a. the o eror cannot revoke his o er b. the o eror can always revoke his o er c. the o eror cannot revoke his o er and the rules on o er and acceptance are mand 91. Which of the following statements is true: a. the doctrine of necessity applies to risks negligently created; b. the doctrine of necessity applies to risks created intentionally c. the doctrine of necessity applies only to crimes; 92. In German tort law 823 I protects: a. only property b. only life, physical integrity, health, and personal liberty c. life, physical integrity, health, and personal liberty as well as property and 'another right' 10 ff ff ff ff ff ff ff ff ff  93. In Germany fault liability includes liability for: a. negligent conduct only b. intentional as well as negligent conduct c. intentional conduct only 94. Compliance with a recording system: a. enables others to determine whether there are any easements burdening the property b. precludes any future adverse possession claims c. provides public notice about any latent defects in the property 95. In the common law tradition, the action of ejectment is a remedy of: a. the owner and the possessor b. the owner c. the possessor 96. English law requires that an agreement is supported by ‘consideration'. This means: a. that each party to the agreement must pursue the same goal with the contract b. that each party to the agreement must have the same individual motive to bind itself c. that each party to the agreement must give, do or promise something in return 97. The tort of assault' is: a. the attempt or o er to beat another person without touching him b. the intentional and direct application of force to another person battery c. a defamatory statement that was made in permanent and visible form libel 98. Which article of the ECHR is concerned with protecting an individual's right to his possessions?: a. Art. 11 b. Art. 1, Protocol 1 c. Art. 3, Protocol 1 99. Which of the following operates as an exception to a property owner’s right to exclude?: a. growth controls b. awarding punitive damages for intentional trespasses c. public accommodation laws prohibiting discrimination on the basis of race 100. A servitude is created by parties who believe that: a. it will bene t a personal interest servitude in a gross b. it will serve the mutual interest c. the bene ciary does not need a compensation for su ering the burden 101. In France, the State can grant concession to private persons for exploiting minerals; the holder of a concession: a. should pay compensation to the owner of the surface land for the interference produced in the use of the land b. should deliver minerals to the State, since they are public goods c. should pay compensation to the owner of the surface land because of the expropriation of the subsoil. 102. According to the Anglo-American law, negative easements have been limited in a xed number; which of the following burdens are not included in this list: a. not to block the sun's light; b. not to interfere with the ow of air; c. not to block windows. 11 fi fi ff fl ff fi 103. The term error in negotio was given: a. to the case where a person was mistaken as to the nature of the transaction b. to the case where the thing sold was entirely di erent in its nature from what the buyer supposed c. to the case where the contracting party was di erent from what the buyer supposed 104. In France and Germany, the so-called ‘ad hoc gap lling’: a. means that there are terms implied in law b. means that the party agreement is supplemented with terms that follow from the hypothetical will of the parties in the circumstances of the case c. means that the gaps in the contract left by the parties are lled by the default (or ‘facilitative’) rules 105. According to the receipt theory: a. the acceptance takes e ect in the moment the message is received by the o eror b. the acceptance takes erect in the moment the message containing the acceptance is written externalization theory c. the acceptance takes e ect in the moment the o eror reads the message actual notice theory 12 ff ff ff ff ff fi fi ff