Comparative Contract Law

at Maastricht University

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DEC 16
How do you decide which English cases to learn? I started a set of flashcards for important English cases. Please let me know if you think any other cases are important (especially if they were mentioned in the videos since I mainly based the selection on the book).
Hi, could someone please share their notes on how this week's problem task (Lisbon) was solved in the tutorial? I couldn't go and I'm not sure how to solve it.
you gotta change it to 'vastgoed'
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do you like firework?
Hi! Do you know if we have to read the Chapter 14 of the book for the exam?
I asked the course coordinator and she said we did not have too
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Does someone have a document with all the review questions for comparative contract law ? Thanks
Can someone please explain the problem task KNB Lisbon and how to do it? I don't understand it at all :D
can someone pls explain the Saunders v Edwards case? i dont get it
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Hello, in my opinion, your way o reasoning is not very complete. Indeed, you should not group all jurisdiction, under civil law family. In my opinion, you should as always use domestic provision for each country. Moreover, although I agree with you regarding the "non-duty" to disclosure in English law, you have forgotten the Sales of Goods Acts, in which s.14 says that it is implied that the good are of satisfactory quality. A car corroded is considered as satisfactory quality ? Even if you consider that it is, you should argue on that, and elaborate more. You way of reasoning is too simple and too vague and is lacking for legal provisions. Still it is only my modest opinion.
I'm selling my "contract law: a comparative introduction" second edition book for 30€, my "constitution compared" book for 35€, and my Maastricht collection (I, II, iii, IV) for 75€. if you're interested for one of them leave a comment please.
what edition is the maastricht collection
When do classes actually start after the break?
they start again on the 7th of January which is a Monday
Which volumes of the Maastricht collection should we bring to the exam?
Volume III (EU Directives, PECL, etc.) & Volume IV (civil codes)
Thank you!
Can somebody pls share their notes from tutorial 1 pls (like the problem tasks) <3
Hey does anyone know how to use case law with IRAC? How do you analyse it? How do you apply it? Any examples?
I think for the applicable rule you use the outcome and maybe part of the ratio. You can say, “according to donoghue v Stevenson (or whatever the case was), manufacturers have a duty towards their customers to provide safe products” or something along those lines
Does anyone know the legal basis for cost-sharing agreements being enforceable? I can’t find it in the book for any of the jurisdictions and my tutor didn’t really help.
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The English case of Coward v Motor Insurers Bureau (1963) It is in your textbook p. 74
Thank you!
Hello, For this box, I have a provision although that one is omitted in the Maastricht Collection, can we still use it ? As in my opinion, it is a vr interesting article, which by the way we need for this table. Thank y
Hi! I’d say that, if it isn’t in the Maastricht collection, we shouldn’t use it. The Maastricht collection is specifically tailored so that all relevant rules be included and so that the course tasks and questions will have the relevant rules represented. Each task we are given or question we are asked is tied to a specific principle we can find in the Maastricht collection unless it’s stated otherwise (for example: case law. That’s not in the Maastricht collection, so we must memorize it). Based on this reasoning, I’d say it might be a bit questionable to memorize a rule that is excluded from the MC. I imagine rules for things like this will be included in upcoming chapters. This is only mapping for Tutorial 2, and all of my mapping and notes come directly from the book. If the book gives legal basis, I try to include them. In this case, the marked area can be found on page 72. Unfortunately, there is no legal basis listed here, but there may be some in upcoming chapters.
The provision for Germany, isn't it, BGB 119 ? (pg 61 of Volume IV on Comparative private law)
Okay so I was able to eventually see where this was marked. The source in case law of K Speditionsgesellschaft (1956) is the one given in the book (I do my notes from the book). The provision you’ve given here is talking about the consequences of a mistake or lack of intention after a declaration of intent has already been made (those consequences being that it can be avoided upon some conditions). The question here that the case law serves to answer is when there is intention to be legally bound, not what happens after an agreement was made and there was a misunderstanding. BGB 119 describes the latter situation, while the case law serves to provide insight for the former question.
If you’d like to see the section from which I got this information, it can be found on page 66 of the contract law book :)
I have a question about the mapping task. We're doing this like every week, but do you have to learn the articles for each country? I mean, I know that you can "Search it up in the Maastricht collection", but I can also imagine that if you learn this by heart that it will save you some time during the exam. So does anyone know?
I think putting sticky tabs (without writing on them), color-coded and corresponding to each week, on the pages with the relevant articles + highlighting those articles is probably the best method. I cant imagine memorizing every single article.
I agree! You do not need to know them by heart, you have to be able to find them in the MC and then apply them. It is unnecessary (in my point of view) to spend time with learning by heart when in fact you just have to be able to apply them to the cases!
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hey thanks :D
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Thank you for the tips! They’re really helpful. What would you suggest for comparative government? Color coding country-by-country or by issues (competencies of bodies, elections, lawmaking etc.)?
I tried 3 different ways of organising it - 1. Body by body 2. Topic by topic 3. Week by week . Of course, something might work better for you but I wish that I had kept it as simple as possible and done it week by week from the start. In the end, I was underlining many provisions with more than one colour, but that worked quite well as I was able to commit things to memory better week by week. I could also see links between the weeks which was important in the exam. I now do this for all my courses and it works really well. Good luck :)
Is it necessary to study/know the reasoning behind these concepts? For example, is it really relevant to focus on why a system may employ the receipt system for the acceptance of an offer?
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The exam is about how to apply the practicalities to the questions- that’s what you need to focus your efforts on. If you try to get your hands on an old exam it might help to see what’s important :)
Thank you!!!
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sharing = caring thank you so much!
What are the issues in fisher v bell
It was a statutory offence to offer for sale any of various items, including flick-knives. The defendant displayed such a knife, with a ticket reading "Ejector knife - 4s." [4 shillings = 20p], and was prosecuted for an offence under the relevant Act. The Divisional Court took a literal interpretation of the statute and said he had committed no offence: the display was an invitation to treat, not an offer to sell.
Has anyone solve discussion tasks and problem task on tutorial 1
does anyone know when the results of the resit are being published?
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Sorry, but actually they have 2 weeks left (the exam was on 10th April) and there are 4 weeks to publish the grade for the exam
Would it be appropriate to talk about unfair terms in the contract assignment given the non return policy?
For the resit assignment, do we have to include an introduction? or just IRAC?
Guys, in the resit assignment , how it is about the flowers? it is the same how it would be with the vase? any directions?
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Did you guys use Article 10 because I don't really understand it? It is stated in the assignment that the website does not have any information on withrawal rights and the article says that the withrawal period is then 12 months but that sounds very wrong? So I don't know if I should mention article 10 too or only 9 and 16?
I included art. 10 too
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Thank you so much for this helpful documents, I really appreciate it!! :)
maybe anyone has the colour system for the maas collection?
do you guys believe that a lot of attention should be paid to chapter 6? I feel like it’s the one with the smallest importance but idk
I don't think chapter 6 is very important... there's also not alot you need to know in that chapter...
I hope so hahahahaha thank you!!!
In the resit assignment, are we required to mention EU law only or can I cite Dutch law as well?
it says according to eu law in the assignment
At what time is the resit on the 8th?
isn't it on the tenth at one pm
Does anyone have solutions for tasks of Contract Law in course book in a completed way? I really need help to check my answers to be confident for re-sit. Thank you :)
some more cases that are good for practice
good for exam preparation if you apply IRAC on them
cases to work on
another case you might apply IRAC to
Bored of recycling the cases from the course book, considering the fact that you’ve already failed the first sit and you feel like the cases you had weren’t enough anyway? I’ve got you covered!