Previous Exams

Question 1

What is the name of the law which established rules for formation and validity on contracts concluded electronically?

Answer 1

UNCITRAL Model Law on E-Commerce 1996

Question 2

Cloud computing now touches many parts of our personal and professional lives. What is/are some of the factors which have facilitate the growth of the industry in recent years?

Answer 2

Increased reliability of the Internet plus advances in encryption.

Question 3

A brach of a “Condition” in a contract can lead the innocent party to:

Answer 3

Terminate the contract and claim damages.

Question 4

Which article of the Rome 1 Regulation states that a contract for the provisions of a service shall be governed by the law of the country where the service provider has his “habitual residence”?

Answer 4

Art. 4

Question 5

If a company develops a new technology that improves its main product, what type of intellectual property can they use to protect their invention?

Answer 5

Patents

Question 6

Agency is usually used in the context of what type of products?

Answer 6

Made to order or customised products

Question 7

Different from an Agency agreement, what does a Distribution involve?

Answer 7

That title and risk in the goods pass to the distributor

Question 8

One of the biggest risk in Outsourcing is that

Answer 8

The process is invisible to the end customer, therefore the provision of the services will be perceived as the Company work…

Question 9

“Forum non conviniens” is a tool available at a court’s discretion to transfer a case if the court selected is not the most convenient one on the basis of which consideration?

Answer 9

Fairness and a desire not to waste scarce juridicial resources.

Question 10

Vienna Convention…

Answer 10

Is considered the most successful commercial law treaty in history

Question 11

What is NOT a necessary element of an enforceable contract?

Answer 11

Counter-offer

Question 12

What is the name of the regime in which most foreign courts will recognize the validity of a foreign judgment?

Answer 12

“Comity”

Question 13

Which items does the UNICTRAL Model Law on Electronic Signatures (2001) not regulate or prescribe?

Answer 13

The specific types of technology approved for certification of electronic signatures.

Question 14

Please identify the issues of concern raised in the European Article 29 Working Party Opinion regarding Internet of Things

Answer 14

Loss of control over personal data;
Risk of re-purposing data-data collected for a purpose but used for another;
Low quality consent - no obvious point at which user can give consent when using device.

Question 15

The “battle of the forms” is won by…

Answer 15

The party who fired “the last shot” (the last set of terms in which were not explicitly rejected by the recipient) prior to commencement of performance of the contract

Question 16

Incoterms regulate what element of a transnational contract?

Answer 16

Standard international commercial terms (transport and delivery)

Question 17

Which data are NOT considered “personal data” under the GDPR?

Answer 17

Anonymised personal data

Question 18

Which statement is true about the data breach notification obligation?

Answer 18

The supervisory authority must be notified of all breaches, unless the controller can demonstrate that the brache is unlikely to result in a risk to the rights and freedom of natural persons.

Question 19

What does the CISG not cover?

Answer 19

The passing of title

Question 20

If parties to a contract for the international sales of good wish to exclude the operation of the CISG they may decide to do what?

Answer 20

Choose a governing law of a State that has not ratified the Convention.

Question 21

Service levels operate in outsourcing contract in order to do what?

Answer 21

Monitor the performance of the services to ensure they are provided in accordance with the levels agreed in the contract.

Question 22

In an Outsourcing contract “service credits” are designed to do what?

Answer 22

Provide an incentive for the service provider to perform in accordance with agreed service level, otherwise the amount to be paid in the relevant period will be reduced.

Question 23

Camilla is a music teacher at an elementary school. She writes a play for her student to perform. The next year she learns it has been copied and is performing the same play. Camilla never registered or published the play. What can she do?

Answer 23

She can sue for copyright infringement because it is not necessary to register the song in order to be protected.

Question 24

If a book French poetry is written and published today by an author under her real name, how long will the copyright protection last?

Answer 24

The life of the author plus 70 years.

Question 25

A “sole” licence permits:

Answer 25

The LICENSEE and the LICENSOR have the right to use the IP.

Question 26

Which area of law is exceptions to the Brussels Regime?

Answer 26

Family Law

Question 27

Why companies could prefer arbitration rather than a legal action in the Courts?

Answer 27

In order to preserve the confidentiality of the action.

Question 28

What are the key risks with Cloud computing?

Answer 28

Privacy and data protection
Lack of internet coverage - single point of failure
Security

Question 29

Please identify the item below which would not constitute a reason to choose arbitration…

Answer 29

Awards may be appealed in the case of a negative finding