Quiz answers Flashcards
HOW MANY OF THESE ARE CORRECT?
- I Under Dutch law, [financial] obligations towards “the counterparty” may arise in a pre contractual phase, under special circumstances
- II a contract may exist as the result of a discussion during a Teams onloine meeting
BOTH ARE CORRECT
One year after entering into the agreement Quick Bird proposes an amendment of the contract
Such amendment of the agreement requires which one….
- Requires an amendment of the contract based on a majority vote of the three contracting parties.
- Requires a new contract between the three parties.
- Requires an amendment to the contract based on unanimity among the contracting parties.
- Is not possible in a legitimate way.
c. Requires an amendment to the contract based on unanimity among the contracting parties.
The ‘consideration’ principle in relation to establishment of a contract under common law (Wernaart p. 213) means:
- Parties to an agreement should take careful consideration for one another.
- An agreement should state the relevant considerations for each party to enter into an agreement.
- An option to buy something from the counterparty at a reduced price granted by one of the parties to the other can be granted by simply stating the aforesaid.
- An option to buy something from the counterparty at a reduced price granted by one of the parties to the other can only be granted if the other party pays something in return for this option.
d. An option to buy something from the counterparty at a reduced price granted by one of the parties to the other can only be granted if the other party pays something in return for this option.
Having signed a contract and afterwards claiming you did not really want to enter this contract, but that you were forced to do so is, under Dutch legal system: (choose the optimal answer)
- Attributable malperformance of your counterparty.
- Non-attributable malperformance of your counterparty.
- [trying to] nullify a voidable agreement because your will/intention was unduly formed.
- A tort committed by your counterparty.
d. [trying to] nullify a voidable agreement because your will/intention was unduly formed.
Arriving too late at your workplace because you were involved in a traffic accident, which caused the only road to your workplace being blocked for one hour.
- Is not malperformance by you in your employment relationship, because the rules of malperformance do not apply in employment relationships.
- Is attributable malperformance by you in your employment relationship.
- Is force majeure in your employment relationship and shall be excused.
- Is a tort in your employment relationship.
c. Is force majeure in your employment relationship and shall be excused.
A tender issued by one company to hire a consultancy firm to enhance the business culture would qualify in legal terms as: (choose the correct answer)
- An offer to enter into an agreement with the company
- An acceptance to enter into an agreement
- An invitation by the company to make an offer to enter into an agreement
- An invitation by the consultancy firms to enter into a consultancy agreement
c. An invitation by the company to make an offer to enter into an agreement
The will and statement thereof theory as illustrated by the Leen Bakker case:
- Indicates that the reasonable interpretation by the counterparty of the expression of the will/intention is overriding
- Indicates that the will/intention of each party to such legal act is a crucial and overriding aspect for performing any legal act
- Indicates that the reasonable interpretation of the will/intention to enter into such legal act of the counterparty is decisive.
- None of the above is correct
Indicates that the reasonable interpretation by the counterparty of the expression of the will/intention is overriding
Terms and Conditions are:
- Not part of a contractual agreement between parties, but only an attachment to such contract.
- The essence of a contract.
- The provisions in a conditional contract.
- Part of the contractual agreement detailing payment and warranty conditions and the like, provided they are duly referred to in the signed document containing the essence of a contract.
Part of the contractual agreement detailing payment and warranty conditions and the like, provided they are duly referred to in the signed document containing the essence of a contract.
which of the following is not referenced in article 10 of ECHR:
A. Freedom of speech is a fundamental human right; it places an obligation upon national governments to uphold this principle;
B. Freedom of speech is a human right that cannot be restricted in any way by governments nor by private organizations;
C. Freedom of speech ends where the use of it can be qualified as – for example - slander, insult or discrimination;
D. Freedom of speech of an employee should also be respected up to a certain point by an employer.
Freedom of speech is a human right that cannot be restricted in any way by governments nor by private organizations;
Which of the below statements is correct:
- The ECHR is one of the most important institutions of the European Union;
- The ECHR decisions are binding and enforceable upon the nations ;
- The ECHR upholds the European Convention on Human Rights;
- The ECHR upholds the Treaty for the functioning of the European Union.
The ECHR upholds the European Convention on Human Rights;
what are the new obligations for companies and their directors?
- The CSDDD is about the due diligence that businesses should perform place before a merger or an acquisition takes place, requiring the business to take a specific look at human rights situation within the target company;
- The CSDDD requires companies to inventorize address and respect human rights in their business operations;
- The legislative instrument for the policy is a directive, implying member states to implement the directive into their legislation first before the rules can enter into force for companies;
- The CSDDD, once in force, will have as an effect that (large) private companies as well as a nation’s governments will have a responsibility with regard to human rights;
a. The CSDDD is about the due diligence that businesses should perform place before a merger or an acquisition takes place, requiring the business to take a specific look at human rights situation within the target company;
Which of the following statements is INcorrect
- An EU directive is directly applicable to the subjects in EU member states; an EU regulation shall be transposed into national law of the member states first;
- An EU regulation is also referred to as: EU act;
- An EU regulation is directly applicable to the subjects in EU member states; an EU directive shall be transposed into national law of the member states first;
- An EU regulation contributes better to harmonization in the relevant policy area in the EU area than an EU directive.
a. An EU directive is directly applicable to the subjects in EU member states; an EU regulation shall be transposed into national law of the member states first;
New legislation issued by the EU comes about through the cooperation of
- European Parliament has the right to initiate new legislation; The European Commission and the Council have to agree on the proposal text
- European Commission has the right to initiate new legislation; The European Commission, The European Parliament and the Council have to agree on the proposal text
- European Commission has the right to initiate new legislation; eventually the European Parliament shall resolve on the proposal text.
- European Commission has the right to initiate new legislation; eventually the European Parliament and the Council have to agree on the proposal text.
d. European Commission has the right to initiate new legislation; eventually the European Parliament and the Council have to agree on the proposal text.
Party A has sued Party B for alleged defamation. A hands in his claim with the court by uploading in the electronic court case system. After 2 months B responds to this claim by uploading his defense in the system. For some technical reason, the defense document is unreadable. The court reaches a decision on the basis of the claim only. What legal or human right seems to be breached here
- The principle upholding ‘hear the other party’;
- The principle that a court proceedings must be dealt with in a timely manner;
- The principle of access to court;
- None of the above.
The principle upholding ‘hear the other party’;
Pete and Allie are engaged to be married. Allie wears a stunning engagement ring. It appears after a while that the two were not ‘meant to be’ and they decided to break off the engagement. Pete goes to court to claim damages from Allie. The court:
- rejects his claim;
- declares his claim inadmissible;
- awards his claim;
- Is obliged under law the parties into a settlement.
declares his claim inadmissible;
The EU Commission launches a draft for a directive regulating the color of balls that shall be used for soccer in competitions. The EU Parliament makes a fierce objection to the draft regulation, because such directive would [not] be __________.
- Unreasonable;
- Disproportional;
- [not]In accordance with subsidiarity principle;
- Discriminatory among member states.
b. disproportionate
An Italian court is looking for guidance on how to decide in a case in which the General Data Protection Regulation has to be applied with regard to data that is encrypted. EUR-Lex - 32016R0679 - EN - EUR-Lex (europa.eu) Links to an external site.
What should it do?
- Declare the claim inadmissible and refer to the EU Court of Justice in Luxembourg to decide about the issue;
- Reject the claim, because it has no competency in this case;
- Postpone judgment and ask the EU Court of Justice for a preliminary judgment;
- Analyse GDPR and interpret GDPR as it thinks fit.
Reject the claim, because it has no competency in this case
how many of these are correct;
- I Fault based and strict liability are varieties of contractual liability.
- II An example of strict liability is the liability of the employer for faults and negligence of its employees that have caused damage to third parties.
1 is incorrect, 2 is correct
Mondo Marvel BV is a fully licensed catering business. It delivers a meal that was ordered online by Karl. Karl gets ill. Can Karl claim damage from Mondo Marvel? Choose the optimal answer
- Yes, such claim would be successful in court.
- No such claim would need to be substantiated with proof of a causal link between the food served and Karls
- No such claim would need to be substantiated with proof of a causal link between the illness and the damage.
- Such claim would not be successful because the Mondo Marvel terms & conditions will probably exonerate Mondo Marvel for such damage.
b. No such claim would need to be substantiated with proof of a causal link between the food served and Karls
Company A and Company B have their office buildings next to one another on a commercial park near Almere (NL). Early in the morning on March 5, an employee of Company A discovers smoke coming from under the roof of the company B building. The employee calls 911 and goes to the rescue taking a Company A fire extinguisher with her. Using the fire extinguisher, she breaks the entrance door of Company B, and thereby breaking a very expensive piece of art that sits in the entrance hall of the Company B building.
Later on, Company B was relieved to announce that the fire had been retained successfully and that the damage suffered was limited. However, Company B is quite upset about the piece of art that has gone lost. It considers taking legal action for compensation.
- Legal action can only be initiated against the employee of company A; according to art 6:162 section 1 there is little chance that a claim, if brought to court would be successful for Company B.
- Legal action can be initiated against Company A only; according to art 6:162 section 1 there is little chance that a claim, if brought to court would be successful for Company B.
- Legal action can be initiated against Company A as well as employee; chances of success for Company B are not abundant, because the defending parties could most probably successfully invoke art 6:162 section 2.
- None of the options is correct.
c. Legal action can be initiated against Company A as well as employee; chances of success for Company B are not abundant, because the defending parties could most probably successfully invoke art 6:162 section 2.
NLTimes website March 2 2024 on the unsafety of Babboe cargo bikes; the frames and the saddle of some Babboe models appear to be unsafe.
“Over 8,500 owners of Babboe cargo bikes have registered claims on the bakfietsclaim.nl website. This is around 2,200 more than last Sunday, when around 6,300 claims were registered on the hotline set up by the law firm Birkway. Birkway has now also set up an English-language website for non-Dutch victims. According to the law firm, several hundred foreign owners of Babboe cargo bikes have already come forward.”
In this text:
- Foreign owners are liable for the damage caused by the Babboe bike on the basis of 6:185 DCC. Birkway is Babboes legal representative.
- Babboe is liable on the basis of 6:185 ff DCC towards the foreign owners. Birkway is its legal representative
- Babboe is liable on the basis of 6:185 ff DCC towards the foreign owners. Birkway is the owners’ legal representative
- Birkway is Babboes parent company; together with Babboe it is liable towards the foreign owners, on the basis of art 6:185 DCC.
c. Babboe is liable on the basis of 6:185 ff DCC towards the foreign owners. Birkway is the owners’ legal representative
“Over 8,500 owners of Babboe cargo bikes have registered claims on the bakfietsclaim.nl website. This is around 2,200 more than last Sunday, when around 6,300 claims were registered on the hotline set up by the law firm Birkway. Birkway has now also set up an English-language website for non-Dutch victims. According to the law firm, several hundred foreign owners of Babboe cargo bikes have already come forward.”
What does the clipping (hereunder: it) say about the validity of the claim?
- It says nothing definitive about the validity of the claim.
- It suggests Birkway thinks there’s a good chance that the claim if brought to court will be rewarded.
- It suggests nothing on Birkway’s estimate about the validity of the claim
- Two or more of the options are correct
b. It suggests Birkway thinks there’s a good chance that the claim if brought to court will be rewarded.
