Hey guys I feel like this assignment is a bit too easy and its making me really hesitant to submit it because I'm worried they're going to do us like last time by going in a completely different direction and I was wondering what you guys's thoughts were on the assignment
I think the assignment is easy, but it is very important how you argue. be very precise and keep the right structure., that's what matters
How did you find today's resit exam? At first, I was kind of confused with question 1 and the last question took me so long, but it was better than the first sit (no german law for termination and damages yay).
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I didn’t understand anything for question 3. What directive and what articles were we supposed to use?
i used unfair contract terms directive for 3a and consumer rights directive for 3b
Good luck with the exam tomorrow! Whatever the result is, keep in mind that it is not important than your and your loved one's health.
'That is not more important'
Hey could you tell me which article will you use for the resit assignment ? Are you planning to use art 425 of the french CC even of she wasnt under legal protection yet ?
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Thank you! This really helped me with writing my Assignment!!
Dear Dr. Kornet, I believe you are referring to point 3 of the Code of Conduct, which refers to Academic and scientific integrity and states the following: "The student refrains from any form of fraud in all study related activities. Students only connect their name to work that they have effectively contributed to. The student recognises the contribution of other students in group work. Students represent themselves as students in external contacts and will not accept responsibilities that supersede their developing knowledge and competences. This article applies without prejudice to the Code of Conduct for Scientific Integrity as adopted by the European Science Foundation and the Nederlandse Gedragscode Wetenschapsbeoefening as adopted by the VSNU." I hope you understand that in a period like the one we are going through now, where most of the students are back home and are not allowed to see each other, social media like StudyDrive are used more than usual. If we would be in a 'normal' situation, we still would have this kind of conversations: the only difference would be that we would talk and discuss face to face. Of course each student should know that he/she should not put his name in any work that does not belong to him/her, but the plagiarism checking already does this work. I nevertheless believe, that all we are doing here is having discussions; we are helping and taking care of each other, as you professors are suggesting us students to do. Hope you see my point and have a nice day.
Are you just puttig contract formation as the issue in the assignment and then go through all requirements or do you already explicitly refer to legal capacity in the issue?
Hi everyone can I ask you if you know an english case where a mentally ill person has concluded an unfair contract and where the other party knew about the disability of that person ? Can’t find one and Hart v O’ conor doesn’t fit ( I think) as the other party could reasonably rely on the agreement
The ratio of the court in Hart v O’Connor was that a contract, which is negotiated in good faith, with no knowledge (or reasonable knowledge) of incapacity on the part of the other party, is not voidable for unconscionability. If you apply this holding ‘al contrario’ it applies to our case, since Tom knew about Sylvia’s mental impairment and therefore Sylvia’s sale contract is voidable.
You’re the best
I heard that the resit assignment will be available this Friday, but I want to keep the grade I received for the assignment in Period 2. So does it mean I don't have to anything about the resit assignment? Or do I have to inform that to the tutor??
You can find the answer to this question on the Portal. You don't need to inform the tutor.
When you don't submit the new assignment, they already think you want to keep your already existing grade for it, so you won't have to do anything.
Hi guys Where can I find my assignment’s grade ?
course detail>tool>my grade
Do you have any info regarding resit assignment?
Is there any?
How to apply the learned facts to the cases? Is there any stimulus to identify the case problem at a whim?
can you access the page of the exam request?
Only from the computers at the library and the faculty.
or through student desktop anywhere
When will they post the assignment grades?
As far as I know, together with the exam results, but I'm not sure!
why can't we m$based our argument on promissory estoppel ? Attal did rely on the promise made by Bécélor...
Estoppel is not the best approach to this case since the principle is used to enable the INJURED party to recover what has been promised to it without consideration because the party relied on the promise. The goal of estoppel is thus to ensure a FAIR position for the injured party. In this case, Attal breached the contract, thus the injured party is Becelor.
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i think that for question 1b, if im not mistaken, the answer would rather be linked with the receipt and expedition theory of both jurisdictions, since the question is not whether the offer was binding but rather when the contract was concluded (French law: receipt theory in Art. 1121 and English law same in instantaneous communications with the case Entores v Miles Far East case)
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You don't need to use receipt theory etc in face-to-face contracts.
i think you can, since even in English law they make the distinction between instantaneous communications and non-instantaneous
In this case would you apply the Consumer Sales Directive or the Consumer Rights Directive? Because for the CRD, the case says nothing about withdrawal rights or anything. Instead for the CSD, the coffee machine lacks conformity.... I don't know
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Indeed, I think so, otherwise why mention that the product if defective and all those details.
I used CSD as well because we're talking about defective performance and not a right to withdraw from internet shopping
did we see that?
I think that was a box in the book.
I would add art. 1:233, to first prove that in regard of the law, he is a minor, and then only, apply the other provisions about legal capacity.
can we highlight only specific parts of the provision or does it have to be a full paragraph/article?
You can highlight whatever you want, key-words are highly suggested
It says that highlighting and underlining is permitted in the course book. So I am not sure if it is allowed at all.
Huge mistake here, it is a deed for UK but NEVER an notarial deed, it is simply impossible as notaries are not present in England.
From your own perspective what would be the general concepts of contract, that could be found in the first question? Because, except good faiths and unfair terms, I do not see which concepts could be asked to explain. Thank you : )and good luck to everyone
principle of contract law maybe ;)
I'm so confused here. Because you can apply the consumer sales directive as well as the consumer rights directive. But then you can also look at the claim for performance, damages or termination. How do you decide what to look at?
Do we need to know the years of the cases for the exam?
What is substantive and procedural fairness?
Substantial fairness is that a contract does not disadvantage one party. Procedural fairness is that the contract was concluded in a fair way, i.e. both parties are well-informed, have equal bargaining power etc.
Does anyone know the difference between right of withdrawal and termination of the contract ?
Withdrawal happens before the offer has reached the offeree therefore there is no formation of the contract. in termination, there is a contract but due to the fact that neither performance nor damages were possible or the lack of confidence of one party for the other there are no longer effects to the contract
German doctrine distinguishes between withdrawal and termination of a contract (§§323 and 314 BGB). The former means making the contract undone while the latter just regards future obligations of the parties. From a sales contract you would withdraw, i.e. give back the good and pay back the price. An employment contract you would terminate because you cannot undo the work you did and you wouldn't have to pay back the salary. Unfortunately, each legal system has its own words for these concepts, so it's hard to make general statements. Also, the translations in the Maastricht Collection are not entirely consistent in this point.
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You’re a fucking Saint. Someone canonise Ford Larquaad, please
What is the difference between an inexcusable mistake and an excusable mistake?
an excusable mistake means that the mistake was not the mistaken partys fault, whereas in case of an inexcusable mistake it was, because (for example) he/she had a duty to investigate
Does anyone has an answer to the Question: What is a Chicken in Tutorial 4? I did not get it at all...
There is no single answer. There are good arguments for both sides. There was a real case in NY about the meaning of the word "chicken" (Frigaliment Importing Co., Ltd. v. BNS International Sales Corp.,) where the court held "chicken" can mean old chicken. But in Europe there is the Commission Regulation (EC) No 543/2008 that defines "chicken" differently, so the outcome might well be different before a European Court.
what´s the difference between withdrawal and revocation?
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Not quite. Withdrawal is before the offer has reached the offeree. Revocation is allowed before the offeree has accepted the offer (in civil law jur. and allowed as long as there has been no performance in common law jur.). Withdrawal is no issue because there is no possibility of pre-contractual liabilities; there is no offeree who could have acted on the reliance on the offer. Revocation is only allowed insofar as there is no acceptance, as soon as there is accceptance there is a contract and if the offeror wants out he must terminate the contract.
thank you for the answers
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).
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I heard from my tutor that ALL cases mentioned in the book are exam relevant and the ones in the coursebook are cases we are expected to read and on which write our own brief. But I would go with Rémi's suggestion and focus on the ones in the coursebook, though I think for English law it's a good idea to revise ALL cases mentioned.
It‘s a hard knock life.
Can someone please explain the problem task KNB Lisbon and how to do it? I don't understand it at all :D
Basically, it's a question of whether the customer, Marie, can claim performance (week 6) or damages (week 7) from KNB Lisbon (i.e. whether she can force them to deliver new chairs that aren't woodworm-infested; or whether she can claim damages for the infection that ensued from the chairs). The case needs to be solved four times for each week (so 8 in total). Each week: Once as a B2B contract for generic goods, once as a B2B contract for specific goods, once as a B2C contract for generic goods and finally as a B2C contract for specific goods. In week 6 you only focus on the performance part, in week 7 on the damages part and termination part.
Did someone find a provision on the termination of long-term contracts under Dutch law? The book only mentions the relevant provisions for German and French law.
Has someone solved the tasks? I thought someone mentioned they had and that they’d be posted here, but I see nothing and I’d like to compare mine with someone else’s.
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do we have to know the directive on consumer rights by heart or we can have the book iii ? THANK'S
We are allowed to take volume 3 with us to the exam
How to study for Contract Law?
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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You must download it, as no preview is available .
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.
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