Module 2: Private Law

Question 1

What are the three requirements for transfer of property?

And explain them

Answer 1

1. Title (reason for transfer)
2. Power to dispose (are you owner or allowed to dispose?)
3. Delivery (Handing over the property)

Question 2

What are kinds of delivery?

Answer 2

• Movables (possession)
• Immovables (deed + registration)
• Claims (notification, deed + reg)
• IP rights (deed + registration)

Question 3

What is a defect of will?

Answer 3

A defect of will happens when a contract has some illegal clause, causing the contract to never have been binding in the first place.

Question 4

What are differences between common and civil law countries regarding defect of will?

Answer 4

Common law: Buyer beware
Civil law: Protect buyer, duty to disclose

Question 5

What is the Consumer Rights Directive?

Answer 5

A EU directive to protect consumers (Right to clear information, Right to withdraw etc)

Question 6

Name 7 frequently used contract clauses

Answer 6

1. Remedy limitation
2. Liquidated damages (max payment)
3. Penalties (Fine in case of breach)
4. Warranties
5. Termination clause (when and how termination takes place)
6. IP Clauses (developed things owned by employer)
7. Jurisdiction

Question 7

How do common and civil law differ regarding non-performance

Answer 7

Common: only on warranty clause
Civil: all obligations

Question 8

What are the steps to invoking a remedy?

Answer 8

1. Breach
2. Default
3. Attributable
4. Remedy

Question 9

What is force majeure?

Answer 9

When something is out of someone’s control

Question 10

What are the different types of loss?

Answer 10

1. Personal injury
2. Property damage
3. Pure economic loss (not claimable in common law)
4. Consequential losses (not claimable)
   Losses most be foreseeable, otherwise not claimable

Question 11

What is tort law?

Answer 11

The part of private law concerned with non-contractual liability.

Question 12

What are the three elements of fault liability?

Answer 12

1. Fault
2. Causality
3. Damage

Question 13

When is a person at fault?

Answer 13

1. When they infringe on someone’s right
2. When they break the law
3. When they violate proper social conduct (negligence)

Question 14

How can negligence be tested?

Answer 14

What would the reasonable person do?

Question 15

What are the requirements for causality?

Answer 15

1. Factual causation (‘but for’ test)
2. Legal causation (foreseeability)

Question 16

How does common law differ regarding tort law?

Answer 16

1. No pure economic loss
2. Different torts (trespassing, fraud etc)
3. Punitive damages (above what you actually suffered)

Question 17

What is strict liability?

Answer 17

Reliability regardless of own fault

Question 18

What are three types of strict liability?

Answer 18

1. Duty of care of guardian (liable only for reasonable care)
2. Vicarious liability (Employer liable for employee)
3. Liability for objects/ animals (broken laptop, autonomous car)

Question 19

What is vicarious liability?

Also name requirements

Answer 19

Employer is liable for employee. The tort has to have a connection to the employement. Also for employee like position.