nr 2

Question 1

Someone uses “without obligo” in their offer, what does that change to offer to?

Answer 1

An invitation to make an offer AFTL §9, 1st sentence

Question 2

A “without obligo” offer is given and then accepted. Explain how the offerer must invoke liability

Answer 2

The offerer must invoke liability if he doesn’t want to be in the agreement, otherwise he is bound by his original offer, even though he has used “without obligo” according to the principle in AFTL §9, 2nd sentence

Question 3

A gives B an offer via telegram, and doesn’t have a time limit on it. How would you guess how long the offer would go for?

Answer 3

AFTL §3
0 days + about 3 days + 0 days. Will vary in different circumstances, especially when the products price fluctuates or the product gets old quick.

Question 4

A gives B an offer via mail, and doesn’t have a time limit on it. How would you guess how long the offer would go for?

Answer 4

Average time a letter takes to send + 3 days + Average time a letter takes to send (Even if accepted via email etc.)
»Will vary in different circumstances, especially when the products price fluctuates or the product gets old quick.

Question 5

A gives B an offer verbally, and doesn’t have a time limit on it. How would you guess how long the offer would go for?

Answer 5

B must answer immediately AFTL §3, part 2

Question 6

How is the word “Kundskab” used in AFTL §7 about revocation of offers/accepts

Answer 6

When it has landed in any inbox inside office hours

Question 7

A sends B an offer, and B doesn’t see it until the offers time limit is already up, because he was very sick and away from work. Can B ratihabilitate the offer?

Answer 7

No, AFTL §2, part 1, AFTL §6, part 1.

Question 8

A sends B an offer via mail, and 1 day later regrets the offer. How must A send his revocation for it to be valid?

Answer 8

Any way that makes B aware before the letter lands in his post box (email, phone etc) AFTL §7

Question 9

A works for B as a cashier, B dies, does A still have a POA to trade on his estates behalf?

Answer 9

Yes, As POA according to AFTL §10, part 2 is valid, except if there is reason to believe otherwise (AFTL §24)

Question 10

What 2 laws in EAL are about damages an employee makes “on the job”?

Answer 10

§19 (part 2 nr 2 and part 3) and §23

Question 11

Describe a summa insurance and if it can be cumulated

Answer 11

An already agreed upon amount that will be paid in case of bodily harm. Can be cumulated because all person-insurance can be cumulated (as there is less reason to suspect insurance fraud)

Question 12

What’s the 3 important things if a compensation is to make the situation “as if the injury had never occurred”

Answer 12

The Injured person must:

1. Have his full losses covered
2. Not achieve any enrichment
3. limit damages as much as possible

Question 13

An example of “other loses” according to EAL §1, part 1

Answer 13

• moving fees for people made disabled
• transport fees to and from hospital
• Lost pay for family/friends that take care of injured person
  etc

Question 14

A is unable to work for 3 months following a car crash (where she was a passenger), 1 out of the 3 months she would’ve been on holiday without receiving pay. How many months pay must the person responsible for her crash pay in lost income?

Answer 14

3 months, hypothetical holidays do not take away any compensation from A.

Question 15

A is unable to work for 3 months following a car crash (where she was a passenger), A had already been fired and was to end her job 2 months after the car crash. How many months pay must the person responsible for her crash pay in lost income?

Answer 15

If there was an expectation or proof of easy re-entry into the work force, A would receive 2 months of her factual salary and 1 month of the average salary for her field. If she wasn’t expected to reenter the workforce, she would receive 2 months

Question 16

A quits her job so she can go on a gap year trip to New Zealand for 1 year. On her way to the airport she is run over and cannot go, and is bed-bound for 12 months. She would’ve stayed at her old job if she had known that she wouldn’t have been able to go to NZ. How any months of compensation does she receive from the person who ran her over?

Answer 16

0 months of pay, might receive 130 DKr a day in “Burn and Pain” compensation EAL §3

Question 17

A is run over by a car. The hospitalization makes her have to defer a year of her university. How much compensation does A get?

Answer 17

A the expected income she would have received for a years work after her current degree.

Question 18

A is run over by a car. The hospitalization makes her have to defer a year of her high school degree. How much compensation does A get?

Answer 18

equal to a year of the average income at the time EAL §8 (which is the same way to calculate children’s amount of compensation)

Question 19

How much must ones earning capacity be reduces before you can get any long term compensation?

Answer 19

more than 15% for over 15yo. EAL §5 part 3

For u15 5% - EAL §8

Question 20

How much more compensation does a child receive when losing a parent, if the parent was a single parent? (same goes for guardian)

Answer 20

100% , EAL §14

Question 21

A seller lies about his product to B, B buys it and later finds out A has lied. What must be present if B wants to give back the product/invoke As lies?

Answer 21

The fraud must have been the reasoning behind Bs commitment of purchase. A has the burden of proof

Question 22

Which 4 things are listed in AFTL §31 about exploitation?

Answer 22

• significant economical or personal difficulties
• lack of insight
• frivolousness
• existing addiction

Question 23

Which paragraf is important to include when discussing at what time someone goes from being in good faith to being in bad faith,

Answer 23

AFTL §39, 1st sentence

Question 24

What is the legal difference between a price in a catalog vs. a price on a product in the store.

Answer 24

A catalog is an invitation to make an offer, where a price tag is an offer.

Question 25

What is important in the distinction between ordering a service (labour) or ordering a “made to order” product.

Answer 25

The majority of the materials needed to create the product must have been purchased by the maker. If not, it will be seen as a service, and have nothing to do with trade law.

Question 26

If someone borrows someone else’s car, What is important when distinguishing between - if the driver is liable - or - if the driver is passively identified with the owner of the car?

Answer 26

If the car was borrowed in the driver or the owners interest. If the driver (borrower) has borrowed the car in his own interest, he is liable for damages.
If the owner lends the car out to the driver in his own interest, the owner is liable.

Question 27

Is a psychologically ill or handicapped person less likely to be made liable or damages?

Answer 27

Probably, but is initially held to the same standards as anyone over 15 years of age. The amount of compensation can be reduced considering the circumstances. Reductions in case of intoxication are excluded, except if it is an addiction that can be juxtaposed with a mental illness.

Question 28

What 4 violations of ones rights can result in compensation, even if no calculable damage has been done?

Answer 28

EAL §26

• Freedom
• Peace
• Honor
• Person

Question 29

Can compensation be demanded to be given to people, that were close to someone, who was killed in an accident?

Answer 29

Only in extreme circumstances such as extreme negligence or intended murder. EAL §26 a