Script D Flashcards

Typical Contractual Problems

1
Q

For the problem of “incapacity of contract” the basic solution is:

A

The contract is invalid, according to Section 105 Subsection 1 CC

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2
Q

For the problem of “limited capacity for minors to contract” the basic solution is:

A

The contract is invalid without approval, according to Section 108 Subsection 1 CC

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3
Q

For the problem of “sham transaction” (fake) the basic solution is:

A

The contract is invalid, according to Section 117 Subsection 1 CC

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4
Q

For the problem of “mistake” the basic solution is:

A

The contract is valid, but voidable, according to Section 119 Subsection 1 CC

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5
Q

For the problem of “incorrect transmission” the basic solution is:

A
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6
Q

For the problem of “deceit” or “duress” the basic solution is:

A

The contract is valid, according to Section 123 Subsection 1 CC

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7
Q

For the problem of “defect of form” the basic solution is:

A

The contract is invalid, according to Section 125 CC

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8
Q

For the problem of “violation of a statutory provision” the basic solution is:

A

The contract is invalid, according to Section 134 CC

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9
Q

For the problem of “offence against public policy” the basic solution is:

A

The contract is valid, according to Section 138 Subsection 1 CC

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10
Q

For the problem of “representation of agent without power of agency” the basic solution is:

A

The contract is invalid without approval, according to Section 177 Subsection 1 CC

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11
Q

For the problem of “contraction with oneself” the basic solution is:

A

The contract is invalid, according to Section 181 CC

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12
Q

For the problem of “non-incorporation of standard business terms in a contract” the basic solution is:

A

The contract is invalid, according to Section 306 Subsection 1 CC

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13
Q

For the problem of “ineffectiveness of standard business terms in a contract” the basic solution is:

A

The contract is valid, according to Section 306 CC

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14
Q

For the problem of “interference with the basis of a contract” the basic solution is:

A

The contract is valid, according to Section 313 Subsection 1 CC

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15
Q

For the problem of “exercise of the right of withdrawal in the case of a distance contract” the basic solution is:

A

The contract is invalid, according to Section 355 Subsection 1 Sentence 1 CC

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