Wähle die Ordner aus, zu welchen Du "Contract Law 1/2/3" hinzufügen oder entfernen möchtest
0 Exakte Antworten
42 Text Antworten
0 Multiple Choice Antworten
Karte wurde gelöscht
What is a Contract for Work and Services?
Most of the time in case of a project, a Work and Services contract is concluded in order to produce certain effect of work result. E.g.
Construction of house
Development of customized software
Composition of piece of music
How is the Acceptance of a "Contract for Work and Services" shown?
As soon as delivered or completed. Here the Buyer must as well inspect the work and confirm the quality stated in the contract.
The warranty period starts, the buyer must immediately notify the seller in case of defects
The acceptance after the inspection triggers the payment
What are the remedies in case of defect in the "Contract for Work and Services"?
reduce of the price
terminate the agreement
requirenments of repair
Here it depends on the product delivered or the work performed
What is the main obligation of the customer in a "Contract for Work and Services"
Payment of th price
What are the possibilities concerning the price in a contract of work and services?
is agreed in the contract
no ficed price
if on time and material basis
valuw of the work (calculated by a outstanding person)
Cost ceiling (upper limit of the price)
payd in stages (milestones) during the performance of the work
What aspects include cooperation duties from side of the receiver of the work?
drafting of the specifications
appointment of a customer project manager
access (building, building lot, IT environment)
What is a Mandate?
Here the work result is not seeked, however the performing agent must provide his services in a dilligent manner and use reasonalbe skills. We must pay the agent and refund acured expenses.
E.g. You expect from a doctor the required skills
Why do contractors often seek a mandate instead of a contract for work and services?
The contractor tries to avoid the responsibility for the work results they produce. He is nonetheless responsible to work loyally and diligently.
What are the remedies in case of breach of a mandate?
Refund damage caused
Reduction of the fee
How is the payment performed in a mandate?
By a fixes price or estimated by time and material used.
How does the termination right apply in a mandate?
May be terminated at any time by either party because it is based on trustworthyness. Any damages must be recompensated if the mandate is terminated in a unreasonable moment.
What is Non-Disclosure?
Clauses covering any information/only information labelled as “confidential”
What are liquidated damages?
It is a fixed amount to be paid in case of a breach of contract.
What is a Penalty?
For Example: Any delay with the delivery of an industrial plant causes considerable damage to the customer. Therefore, the contractor often is obliged to pay a penalty for each day he is late in the delivery of it.
What are limitations of liability?
Limitations set in the contract to exclude any unappropriate damages
simple negligence (of an employer)
loss of profit
Personal injuries cannot be excluded. Breach of warranty, termination, reduction of price, claim for remedy of a defect or the contract cannot be covered
How should a contract be established?
Contracts concluded voluntarily
Provided Information requirements
Benefit of both parties/allocation of resources
What is an "efficient breach of contract" in common law?
In common law countries, breach of contract is committed sometimes to increase profit.
What is the CISG?
It is a international sales law that governs contracts for the sale of goods that are between sellers and buyers whose places of business are in different countries that have made the CISG part of their law.
What are the 4 freedom's of the contract law?
Freedom to conclude the contract
Freedom to choose the contractual partner
Freedom of formality
Freedom to establish the contract‘s content
What is the difference between a bilateral and a unilateral contract?
In a bilateral contract, both parties promise to fulfil their obligations. In a unilateral contract only one party makes that promise - e.g. "non dislosure agreement"
What is a continuing contract?
It is a call for a periodic performance with a termination date e.g. leasing contract
What are the general requirements of a contract?
Offer / acceptance
Exchange of offer/acceptance
Offer/acceptance correspond (concerning all essential points); implied promises
Capacity to act 1.Age (exception minors: necessaries [goods or services needed for minor’s livelihood])
2.Capacity to consent
What elements must an offer contain?
The offer must be communicated to the person to whom it is adressed
The offer must manifest a willingness to enter the contract.
The offer must make clear, that acceptance will create the contract.
Exception: Proposals are non-binding
What are the formal requrenments of a contract?
If it is written - there must be a signature
If the object of the contract is immovable a publig register must note the contract/transaction
How must the interpretation of a contract be held?
Every party must act in good faith in excercise of its rights and the performance of its obligations
What are the types of possible errors in a contract?