Past Questions

Question 1

Define ‘warranty

Answer 1

Objective consequence of the defective performance (without justification)

Legally:​The obliger (seller) is obliged to compensate regardless of whether his/her behaviour was intentional, negligent or he/she acted in good faith

Question 2

Define ‘malpractice’

Answer 2

Any person who engages in misconduct in the course of engaging in his/her profession, thus causing imminent danger to the life, bodily integrity or health of another person or persons by his/her failure to act with reasonable care, or who causes bodily harm, is guilty of a misdemeanour

Question 3

Define ‘liability for damages’

Answer 3

Any person who causes damage illegally to another person must compensate him/her unless he/she can prove that he/she acted in the same way that a reasonable, prudent person would have acted in the given situation

Question 4

General limitation period for the validation of rights of warranty in the sale of animals

Answer 4

60 days

Question 5

How long can the time limit be extended in the contract for the validation of rights warranty (term of preclusion) in the sale of animals?

Answer 5

1 year

Question 6

Time limit for the validation of rights of torts

Answer 6

5 years

Question 7

Burden of proof of injured party in case of general liability for damages

Answer 7

Connection between illegal action & damages

Question 8

Which are the written rules of the veterinary profession

Answer 8

Instructions for the use of pharmaceuticals & vaccines

Question 9

Who is liable if the employed veterinarian causes damage to the animal keeper (i.e. who will compensate the owner)?

Answer 9

Always the employer (the employer is liable if damages are caused by an employee towards a third party)

Question 10

Which criminal offence can be committed negligently?

Answer 10

a. Malpractice
b. Giving a false witness testimony
c. Giving a false expert opinion
d. All of the above(RIGHT)

Question 11

Refusal to treat is optional if:

Answer 11

● The owner fails to follow instructions
● Risks outweigh benefits; expectation of results etc.
● Safety considerations (e.g. treatment is considered unsafe either to the animal or the veterinarian)
● Previous lack of payment
● Threats are made to the veterinarian
● Emergency cases (limitations of emergency treatment)

Question 12

Refusal to treat is obligatory if:

Answer 12

● Such treatment is against the law
● Euthanasia/irreversible changes – Ownership is questionable
● The treatment is for hereditary diseases in breeding animals without the neutering of this animal
● The veterinarian lacks competence, practice, experience or the correct equipment
● There is no scientific basis for the treatment

Question 13

Define ‘defective performance’

Answer 13

The goods (e.g. an animal) or service does not comply with the legal characteristics or with the characteristics stipulated in the contract & the defect existed at the time of delivery

Question 14

Define ‘misuse of poisons’

Answer 14

Any person who – without proper authorisation – prepares, possesses or distributes poison, or who fails to take the measures prescribed for the prevention of any illegal use of poisons, or for the protection of others, is guilty of a misdemeanour

Question 15

Burden of proof (exclusion) of person causing damage (tortfeasor) in case of general liability for damages

Answer 15

His action was not illegal or negligent

Question 16

Burden of proof:

Answer 16

● Injured party
o Damage or connection
● Person causing the damage (tortneasor)
o His action was not illegal
o His action was not negligent

Question 17

Which one is an unwritten (ethical) limit of the veterinary profession?

Answer 17

Use of non-conventional therapy without a scientific basis

Question 18

In which case was the veterinarian’s action not illegal?

Answer 18

Action without informed consent in the case of first aid treatment

Question 19

What should be proven by the buyer in case of defective performance?

Answer 19

a. Presence of a defect
b. Significance of the defect
c. Origin of the defect
d. All of the above(RIGHT)

Question 20

Which criminal offence can be committed negligently

Answer 20

Perjury (e.g. false opinion as an expert witness, false translation/interpretation etc.)

Question 21

Definition of warranty

Answer 21

Objective consequence of the defective performance (without justification)

On a legal basis – The obliger (seller) is obliged to compensate regardless of whether his/her behaviour was intentional, negligent or he/she acted in good faith

(A warranty is a guarantee made between two parties to provide assurance to one party from the other that facts/conditions are true or will happen & allows for a legal remedy if this promise is untrue or is not followed)

Question 22

Definition of lack of conformity

Answer 22

Consumer goods must be in conformity with the contract of sale, at the moment of delivery:
● They comply with the description given by the seller
● They are fit for purpose for which goods of that type are normally used
● They are fit for any particular purpose which the consumer requires them & which was made known to the seller at the time of conclusion of the contract, and accepted by the seller
● Their quality & performance are satisfactory, given the nature of the goods & taking into account the public statements made about them by the seller

(So basically, a lack of conformity means the goods do not meet their description, are unfit for purpose or their quality/performance are unsatisfactory according to the nature of the goods or their description by the seller)

Question 23

What warranty rights does the buyer have

Answer 23

Repair (treatment) or replacement
Decrease of price
Rescission (termination of contract)

Or the buyer may transfer to another type of warranty if the damage is greater than the compensation that can be made

Question 24

Burden of proof (exclusion) of a person causing the damage (tortfeasor) in case of general liability for damages

Answer 24

His action was not illegal or negligent

Question 25

Which criminal offence cannot be committed negligently?

Answer 25

Cruelty to animals

Question 26

Who is responsible if, 2 years after the sale, a latent, significant hereditary disease is diagnosed in a breeding horse

Answer 26

The seller is liable for the damages caused by the breach of contract

Question 27

Can the warranty be excluded in case of a sale of a dangerous (aggressive) dog?

Answer 27

The exclusion is not valid

Question 28

The seller is liable for the damages caused by the breach of contract if

Answer 28

The performance was defective

Question 29

What should be done if a dog dies during a surgical intervention?

Answer 29

The carcass should be sent for examination by an independent veterinary institute

Question 30

General/subjective liability

Answer 30

Anyone who causes damage illegally must compensate him/her, unless he/she can prove that he/she acted as a reasonable or prudent person would have acted in the given situation

Question 31

Defective/imperfect performance

Answer 31

The goods (e.g. animal) or service does not comply with the legal characteristics or with the characteristics stipulated in the contract & the defect existed a the time of deliver

Question 32

During sales-contract of animals, what is the deadline for the assertion of warranty rights?

Answer 32

Usually 1 year

Question 33

Which is not true about a warranty?

Answer 33

It is a commitment in contract which is onerous or voluntary

Question 34

In case of compensation responsibility, what is the deadline for the validation of rights?

Answer 34

Usually 5 years

Question 35

When suing for damages, the aggrieved party must prove:

Answer 35

Correspondence between the tortuous behaviour and damage

Question 36

Evidences of criminal procedures

Answer 36

 Means of evidence shall be the testimony of the witness, the expert opinion, physical evidence, documents and the pleadings of the defendant.  Evidence shall be traced, gathered, secured and used in compliance with the law.  In the course of criminal proceedings, all means of evidence and all evidentiary procedures may be used without restriction. However, the use of certain means of evidence may also be statutory

Question 37

exclusion of strict liability

Answer 37

```  Unavoidable external reason: – Vis major – Injured party’s unavoidable action – Third person’s unavoidable action – Unavoidable effect of other external event (e.g. animal) Time limit: 3 years ```

Question 38

liability of administrative authorities

Answer 38

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

Question 39

responsibility of public prosecutors office

Answer 39

 Control and protection of legality in all fields  Prosecution of crimes  Protection of citizenship rights  Control, supervision of legality of procedures  Representation of prosecution in legal proceedings  Participation in private cases  Supervision of penitentiary system  Order, supervise or carry out investigations

Question 40

Structure of courts

Answer 40

Structure:  district courts (court of first instance)  county courts (court of first instance or appeal)  high courts of appeal  Supreme Court (second appeal, harmonised decisions)

Question 41

when is warranty not valid

Answer 41

 The obligee’s right to warranty shall lapse after one year from the delivery date.  In connection with contracts that involve a consumer and a business party, the obligee’s right to warranty shall lapse after two years from the delivery date. If the things supplied under a contract that involve a consumer and a business party are second-hand, the parties may agree on a shorter limitation period, however, the limitation period may not be less than one year in this case either.  As regards any part of the thing that has been repaired or replaced, the limitation period for the right to warranty shall recommence. Obligor’s claim of enrichment  In the event of replacement or withdrawal, the obligee shall not be liable to compensate for the loss in value if it has occurred in consequence of proper use.

Question 42

Definition of liability of damages

Answer 42

.

Question 43

Witnessnes may refuse to give testimony

Answer 43

 Any person who cannot be expected to provide a correct testimony due to some physical or mental disability may not be summoned to testify.  The witness, unless exempted from the obligation of confidentiality, shall not be questioned in respect of any subject that is treated as classified information. The obligation of confidentiality shall remain in force after the termination of the underlying relationship.

Question 44

breach of contract

Answer 44

``` any act or behaviour of the obligor (seller) or obligee (buyer) that prevents or encumbers the realisation of the aim of contract or leads to any defect of the performance  Obligor’s delay  Obligee’s delay (late acceptance)  Impossibility of performance  Withholding performance (refuse to perform)  Defective performance (lack of conformity) ```

Question 45

employee damages liability

Answer 45

 If an employee causes damage to a third party in connection with his employment, liability in relation to the injured person lies with the employer.  Liability of the employee and the employer shall be joint and several if the damage was caused intentionally.

Question 46

who may refuse to do testimony

Answer 46

 a) by any close relative of the parties;  b) any person whose testimony would implicate himself or his close relative referred to in in the commission of crime, to the extent covered by that subject;  c) by attorneys, doctors and other persons bound to confidentiality stemming from their profession, if their testimony would entail their having to breach the obligation of confidentiality, except if the concerned party granted an exemption from this obligation;  d) persons bound to keep business secrets in respect of the subjects if their testimony would entail their having to breach the obligation of confidentiality.

Question 47

Liability of actions of agents

Answer 47

 If an agent causes damage to a third party in connection with his assignment, liability in relation to the injured person lies with the principal and the agent jointly and severally. The principal shall be relieved of liability if he is able to prove that he has not acted wrongfully in terms of choosing, instructing, and supervising his agent.

Question 48

Damages (ie material damages etc...list them)

Answer 48

.