F7

Question 1

Warranty- Define.

Answer 1

• Objective consequence of the defective performance ( without justification) : on the basis of a contract in which the parties owe mutual services to 1 another, the obligor shall be liable to provide warranty for lack of conformity.
• On the basis of law:
  > the obliger ( seller) is obliged to compensate regardless that his/ her behaviour was
  • intentional,
  • negligent
  • or he/she acted in good faith.

Question 2

Who can ø act as an expert?

Answer 2

• who have participated in the case as a defendant, counsel for the defendant, a victim, complainant or a representative thereof, or who is a relative of the above,
• who have acted in the case as a judge, prosecutor or a member of the investigating authority, or who is a relative thereof,
• who have participated in the case as a witness,
• who have been employed in the case as an advisor,
• who cannot be expected to form an unbiased expert opinion for other reasons.
• The expert shall give an opinion based on a professional examination.
• The expert shall conduct the examination by using the tools, procedures and methods available according to the present state of science and modern professional knowledge.
• In the course of the examination, the expert may examine and ask questions from persons and may inspect and test objects. Upon inspecting an object which changes or is destroyed due to the test, if possible, the expert shall save a part of the object in its original state so that it can still be identified and/or its origin established.
• The expert opinion may be presented in the form of an oral statement by the expert, or submitted in writing, within the deadline set by the court, the prosecutor or the investigating authority.
• The written expert opinion shall be signed by the expert. If the assigned expert is an institution or body, the head thereof shall also sign the expert opinion.

Question 3

Tortfeasor exclusion of liability.

Answer 3

• His action was ø illegal/

- His action was ø negligent.

Question 4

Administrative authority liability.

Answer 4

• Liability for damages caused within the scope of administrative jurisdiction shall be established only if the damage results from actions/ omissions in the exercise of public authority, + if the damage cannot be abated by common remedies/ in proceedings for the judicial review of an administrative decision.
• Liability lies with the legal person exercising public authority/ with the administrative body having legal personality, on whose behalf the relevant administrative body operates.

Question 5

COPD diagnosis.

Answer 5

• CS:
  > Dyspnea (heave line), chronic cough, flared nostrils in severe cases, nasal discharge + lack of stamina
• Advanced cases:
  > Cor pulmonale + abnormal splitting of the 2nd
  heart sound
• Thorough history
• Full clinical examination.
• Assessment of the horse’s ability to work
  > Recording the horse’s performance and basic clinical parameters with continuous ECG monitoring
  > Traditional exercising of the horse and regularly measuring its clinical parameters