Script D Flashcards
Typical Contractual Problems
For the problem of “incapacity of contract” the basic solution is:
The contract is invalid, according to Section 105 Subsection 1 CC
For the problem of “limited capacity for minors to contract” the basic solution is:
The contract is invalid without approval, according to Section 108 Subsection 1 CC
For the problem of “sham transaction” (fake) the basic solution is:
The contract is invalid, according to Section 117 Subsection 1 CC
For the problem of “mistake” the basic solution is:
The contract is valid, but voidable, according to Section 119 Subsection 1 CC
For the problem of “incorrect transmission” the basic solution is:
For the problem of “deceit” or “duress” the basic solution is:
The contract is valid, according to Section 123 Subsection 1 CC
For the problem of “defect of form” the basic solution is:
The contract is invalid, according to Section 125 CC
For the problem of “violation of a statutory provision” the basic solution is:
The contract is invalid, according to Section 134 CC
For the problem of “offence against public policy” the basic solution is:
The contract is valid, according to Section 138 Subsection 1 CC
For the problem of “representation of agent without power of agency” the basic solution is:
The contract is invalid without approval, according to Section 177 Subsection 1 CC
For the problem of “contraction with oneself” the basic solution is:
The contract is invalid, according to Section 181 CC
For the problem of “non-incorporation of standard business terms in a contract” the basic solution is:
The contract is invalid, according to Section 306 Subsection 1 CC
For the problem of “ineffectiveness of standard business terms in a contract” the basic solution is:
The contract is valid, according to Section 306 CC
For the problem of “interference with the basis of a contract” the basic solution is:
The contract is valid, according to Section 313 Subsection 1 CC
For the problem of “exercise of the right of withdrawal in the case of a distance contract” the basic solution is:
The contract is invalid, according to Section 355 Subsection 1 Sentence 1 CC