C, T and C law

Question 1

Hvilke 3 sager forklarer ordlyd og omfang af AFTL §39, stk. 2?

What 3 cases explain the wording and extent of the special exception in AFTL §39, 2nd part?

Answer 1

Den forhyrede sømand (forinden det har virket bestemmende på hans handlemåde), De 2 vaskemaskiner (butik led intet tab) og Cafateriet (løfteafgiver må bære risikoen)

The un-hired sailor (before it has effected his behaviour), The 2 washing machines (The stronger party suffers no loses) and the Cafeteria (The promiser must carry the risk of commitment. Situation not special enough for exception)

Question 2

Both a car-driver and cyclist are at fault for an accident, where the car hits a third party. They both acted with simple culpa (just a moment of unawareness). The cyclist has no insurance.
Who must pay the damages?

Answer 2

Both are responsable in solidarity of each other. The cars objektive responsibility (FL §101, part 1) and law enforced insurance (FL §106, part 1) makes them a more reliable source for the damaged third party to get their damages covered.
The 3rd party may go straight to the cars insurance company and get compensation (FL §108, part 1). The company cannot get any money from the cyclist (EAL §22), as he has not acted with more than simple culpa (EAL §25, part 1. and §24 part 1).
The damages on the car would also not be paid for my the cyclist (EAL §19, part 2, nr 1)

Question 3

How much margin does “about…” give someone?

Answer 3

KBL §66 - 5% (time, amount etc.), except 10% in ship cargo (not train or any other type of cargo)

Question 4

You would like to accept an offer from A, but cannot get in touch with A because he won’t pick up the phone, so you tell As employee (B) to go to A and accept the offer for you. B agrees but forgets to and you think the offer is on. The miscommunication results in a large loss of money and time. Who is liable to cover the damages? You, A or B?

Answer 4

A had no idea that “you” thought the offer had been accepted. Therefor A doesn’t need to inform you of a no deal (AFTL §4, part 2)
The accepter carries the risk of accepts getting to the offerer in time, as AFTL §2 and §3 don’t fall under the exception in AFTL §40

Question 5

Which ones of the following are weak grounds of invalidity?

Force 
Violent Force
Fraud
delusion
Mistake in spelling/meaning/price
Pro-forma

Answer 5

all except Violent Force, the promise recipient must be in bad faith (in the “know” or “should-have-known”)

Question 6

What type of evidence can make a sellers violation more a lack than a delay in the sense of KBL §50?

Answer 6

Receipt, Sellers information, direct shipping from supplier, time of delivery, amount of product etc.

Question 7

What rights does the buyer loose by not expressing liability to the buyer, when a delivery is delayed? (the product hasn’t arrived yet/at all)

Answer 7

Right to change status quo, KBL §21, part 2. The buyer cannot demand natural fulfilment KBL §21, part 1 and KBL §26, but can still demand the agreement to be lifted/cancelled, and get compensation for his loses. Only years later do those rights disappear.

Question 8

Who can and cannot change a product from Genus to Species?

Answer 8

Concentration may be done on the buyers request, not the sellers.

Question 9

When does the risk go over onto the buyer in a trade marked: franco, CF and FOB

Answer 9

At delivery..
Franco: when it has arrived at the franco place
CIP: (buyer pays for shipment, any type of shipment) When it has been handed over to the independent delivery service or passed the perimeter of the ship (literally)
FOB: (Seller pays for shipment, by ship) When it has literally passed the perimeter of the ship.

Question 10

What does primo, medio and ultimo mean for both products and documents?

Answer 10

Products: 1-10th, 11th-20th, 21st-end of month
Documents: first weekday (mon-fri, except pub. holidays), the 15th day of the month (if this is a sunday, saturday or pub holiday, the next weekday) and the last day of the month (if this is sunday, sat or pub. holi., it will be the day before)

Question 11

A hotel valet driver (V) drives into a random person (R) while driving hotel guest (G)’s car. Who must pay for damages?

Answer 11

Justified driving: Gs cars damages are paid for by the hotel owner (Vs employer) DL 3-19-2
Rs damages are paid for by G, FL §104, the car was lended to V on befalf of G. Gs insurance must cover short term lending.

Unjustified driving: Hotel owner still liable for damages on Gs car (DL 3-19-2)
V must pay Rs damages, FL §104, part 2, because V didnt follow instruction/acted irresponsible

Absurd behaviour: V must pay all damages. An employers responsibility stops when an employee acts absurd

Question 12

What is the presumed youngest age one can be deemed liable for damages?.

Answer 12

3 years and 4 months is the youngest reference. The individual knowledge of the child must be assessed. EAL §24a

Question 13

Which paragraph must you use only when none of he other invalidity-criteria for an agreement can be met? Which case is especially relevant?

Answer 13

AFTL §33 or §36 (Never use §36 in an exam)

The dyslexic seller case

Question 14

2 objectively responsable owners (car and dog) crash. Both are equally and totally innocent (no culpa), who must pay for damages?

Answer 14

Both’s insurance must cover damages (HL §8 and FL §101) on 3rd parties solitarily (3rd P can go to Car or Dog owner for coverage) EAL §25.
Car insurance must cover Dog owners vet bills, Dog insurance covers cars damages (even if kasko-insured).

Question 15

A gives B a power of attorney document, and written instructions on the extent of power. What can aquit A from having to fulfil agreements that B has made on As behalf…

1. Inside his instructions
2. outside of his instructions, but inside his POA
3. outside of his POA

Answer 15

POA doc = AFTL §13
Instructions = AFTL §16

1. Nothing, A is bound
2. 3rd party being in bad faith
3. A was never bound

Question 16

When can a promise still be valid, if made as a result of violent or illegal force (or the threat thereof)?

Answer 16

1. The violence was perpetrated by a 3rd party
2. The promise recipient was in good faith
3. The promise maker doesn’t inform the promise recipient “within reasonable time”
   (AFTL §40 protects the PM in case of delayed or lost mail etc.)

Question 17

When are threats legal?

Answer 17

When what is being threatened WITH and TO both are legal and justified

Question 18

Explain passive identification and active identification.

Answer 18

Passive: Someone who didn’t cause any damages, is still liable for the damages made. Example: A car is lent to a friend (the friends damages are passively identified with the driver) or a child under 15 ruins something (The child is identified with its parent/-s), though only up until 7500 DKr

Active: The law puts damages of an individual/animal etc. onto someone else. example: a dog is identified with its owner and an employee is identified by its employer

Question 19

Which case explains active identification, even when the tortfeasor isn’t identified?

Answer 19

The baking soda/washing powder case - an unknown employee makes a restaurant guest sick, the boss must pay damages even if the guilty employee isn’t identified, because the unknown person is sure to be under DL 3-19-2

Question 20

A verbal POA

Answer 20

AFTL §18, recall by telling POA holder

Question 21

A written POA meant to be secret

Answer 21

AFTL §10, part 1 and §25 for liability

Question 22

A written POA meant to be shown to a third party

Answer 22

AFTL §16, recall by taking it back or demanding it to be destryed

Question 23

A written/verbal POA directly from POA giver to 3rd party

Answer 23

§13, recall by telling 3rd party directly in same way he was first informed of POA

Question 24

When a trade agreement is succesiv, and a buyers payment is late, what is the only way the seller loses his right to breach future agreements with the buyer?

Answer 24

If there is no reason (AT ALL) to fear repetition of the delay

Question 25

A seller fails to deliver a product worth 100 dollars. The market value of the product is 120 dollars. The buyer buys the same product somewhere else. What amount of compensation must the seller pay if the buyer paid...
A. 150 dollars
B. 400 dollars
C. 80 dollars
...for the replacement product?

Answer 25

KBL §25, 2nd sentence

A. The seller must pay 50 dollars (150-100) as the purchase was justifiable and of the same type

B. The seller must pay 20 dollars (120-100) as the buyer didn’t get it at a justifiable price, and therefor can only get compensation for market value.

c. nothing, the buyer earned money on the sellers failure

Question 26

What must be present, if someone wants to give a gift which will cause expenses for the gift receiver?

Answer 26

a manifestation of generosity

Question 27

Which one-sided contracts (gifts) require acceptance?

Answer 27

Ones where the gift-giver asks for acceptance. AFTL §8

Question 28

In KBL §9 trades, when does the risk go onto the seller with Species and Genus products

Answer 28

Species: When the seller informs the buyer of its arrival at the KBL §9 place

Genus: When the buyer picks it up from the §9 place (exceptions apply)

Question 29

A seller sells 100 bottles of one-of-a-kind wine to 2 buyers (50 each). Before sending them, 20 bottles are stolen. Who gets how many bottles?

Answer 29

They get 40 bottles each unless they were already marked or packaged to be one or the others.

Question 30

When can the seller single-handedly change whether the risk is on him or the buyer regarding Genus products?

Answer 30

KBL §37: If the buyer hasn’t picked up the product within the agreed timeframe, and the seller then puts the buyers product aside and marks it to be his.

Question 31

What is the only situation where a buyer can demand a proportionate reduction in the purchase price?

Answer 31

If the product doesn’t live up to the sellers promises, and is therefor worth less than what the buyer had the impression of (KBL §42)

Question 32

What must someone do if they want to proceed with a trade, even if they are insolvent, bankrupt or rumoured to be a “bad payer”?

Answer 32

Provide security for payment in the form of a lien

Question 33

A injures B, and B has health insurance that covers the costs of bills, lost income and §3 (svie og smerte). In what circumstance will Bs insurance company be able to get some of the payments replaced by A?

Answer 33

None, EAL §22, part 2, doesn’t allow regression in the event of bodily-damages.

Question 34

A ruins Bs computer, B has his computer completely insured. In what circumstance will Bs insurance company be able to get the cost of the computer replaced by A?

Answer 34

EAL §19
If A ruined it on purpose or by doing something grossly negligent. If A ruined it while performing work (except if B is his boss, then the first sentence is relevant).

Question 35

An uninsured car, bought and used by the council, is dinted accidentally when a builder drops his hammer from a nearby building. Who pays for the damage?

Answer 35

The car is owned by the state, who is generally self-insured (EAL §20), so EAL §19 is relevant.
The builder is doing work, and still must pay for damages as stated in EAL §19, part 2, nr 2.
The damages are actively identified with the builders boss DL 3-19-2, or if he is the boss, himself.

Question 36

What is important to consider when a group of people act irresponsibly, but only 1 person ends up creating a damage that must be compensated.

Answer 36

Did he do anything specifically to cause the damage, or was there equal chance of anyone else in the group ending up being the tortfeasor?

Question 37

Does doing something illegal objectively make you liable for damages you created while doing the illegal thing?

Answer 37

No, every case must be assessed, but a criminal act would be a strong argument.

Question 38

In what way must public and private institutions, places and businesses inform visitors/users of their rules, before they are enforceable?

Answer 38

No criteria, a direct statement, or readable sign is enough to enforce rules, as long as they are in compliance with the law.

Question 39

A sends a messenger to tell B something. The messenger fucks up and says the wrong thing. Does A still have to fulfill this wrong agreement?

Answer 39

If the messenger doesn’t have a POA, then no, EAL §32, part 2 .

Question 40

A sends a messenger who is 12 years old to tell B something. The 12 year old fucks up and says the wrong thing. Does A still have to fulfill this wrong agreement?

Answer 40

No, as a 12 year old cant get a POA because they’re u18. As choice of messenger is negligent, and A must replace Bs loses (negative contract interest)

Question 41

Explain negative contract interest

Answer 41

Replace loses as if the agreement was never made.

Question 42

Explain positive contract interest

Answer 42

Replace loses as if the agreement was made and went as promised.