chap 4

Chapter Multiple choice questions Anglo- American law is also called…………… a Common law b Civil law c Law code d Legal code Anglo – American law is ……………… a Law code b Case law c Civil law d Legal code Anglo – American law develops through ………………… a Law code b Arbitrators’s decisions c Court decisions d Legal system Continental law is based on a …………… a Case law b Common law c Legal code d Legal system Parties to contract for the sale of goods are free to choose ……………… a.Applicable law b International law c.Corpororate law d.Business law Continental law prevails in …………………… a The USA b Europe c.The Vienna convention system d.All countries in the world Continental law is also called …………………… a Civil law b Common law c.Legal system d Lawful case The essence of Continental law is …………………… a Codification b Verification c Authentication d Ratification Continental law has well developed private law, especially contract and ……………………… a Commercial law b Corporate law c Community law d.Case law 10.Anglo- American law brings the ………………… in the individual case a Justice b Uniformity c Consistency d Legacy 11.Anglo- American law does not bring…………… the to all cases a Differences b Uniformity c Variations d Different solutions 12.As for Anglo- American law, the decision of the judge is always …………… a Predictable b Foreseeable c Unpredictable d Estimated 13 Continental Law does not require long and ………………… contracts a.Loose b Lax c Brief d Detailed 14.Continental Law copes with issues of………………… a Personal problems b International trade c National issues d Individual conflicts 15.Every contract is governed by …………… a.Common law b Vienne Convention c Applicable law d Civil law 16.The rules of international common law does not decide the law that applies for the contract if the contract does not specify the…………… a.Common law b Civil law c Case law d Applicable law 17 If a country ratifies the Vienne Sales Convention, in the event of conflicts, the Vienne Sales Convention can …………… the national law a Prevail over b Conform to c Follow d Adapt 18.The parties to a contract are not always required to ………… the Vienne Sales Convention a Ignore b Apply c Refuse d Decline 19.A contract is a written agreement and it follows the “meeting of minds” and …………… a “ Offer and decline” b “ Offer and refusal” c.“Offer and acceptance” d “ Offer and renewal” 20 A mistake about the goods in a contract means there is no ………… a Meeting of acceptance b Meeting of minds c Meeting of concepts d Meeting of agreement 21.A contract comes into force when an offer is made by one side and ………… by the other a Accepted b Declined c Written d Drawn 22 An offer is not always, in international practice, the first move in forming a …………………… a Contract b Refusal c Deline d Renovation 23.The main difference between Continental and Anglo- American contract law is the degree of …………… a.Codification b Formation c Automation d Interpretation 24.The applicable law governs questions concerning the validity,…………… , performance of contracts a Interpretation b Payment c Correction d Acceptance 25.An offer dies if it has a/ an ………………… a Acceptance b Agreement c Adoption d Revocation 26.Under Anglo- American law, exporters have rights to ……………… a.Withdraw an offer b Withdraw common law c Withdraw case law d Withdraw legal law 27.Feeble- minded people are legally unable to ……………… contracts a Sign b Decline c Refuse d Resign 28.Elderly people are ………………… to deal with a contract a Unable b Able c Impossible d Unaffordable 29.Drunken people have no …………… to sign a contract a Contractual capacity b Contractual concept c Contractual government d Contractual branch 30.Feeble- minded people lack ……… to enter contracts a money b time c contractual capacity d intelligence 31.In contracts, “partial invalidity provision” means the invalidity of one part of the contract………… a may invalidate the rest b does not invalidate the rest c affects the rest d enforces the rest 32 Agreements, under Anglo- American law, are of …… a two types b three types c four types d five types 33.Under the public law, a company can only sign a contract ………… a even when they lack powers b that is beyond its power c both a and b d that is within its power 34 A contract that is ultra vires is ……… a well enforceable b unenforceable c valid d effective 35.A contract is not enforceable if ………… a it is signed within power b it has a legal purpose c it has an illegal purpose d it has no purpose 36.Partial invalidity clause can help to avoid problems with contracts that…………… a might infringe government regulations b violate the trade laws c discourage trade d both b and c 37 If a contract is the entire agreement, earlier letters and documents …… a can be used as evidence b become invalid c prevail d remain important 38 The answers to background questions are written ……… a through the whereas -recital b through the annex c through provisions d through conditions 39.In a contract, the word “ whereas” means …………… a “ only that” b “ while” c “ when” d “because” or “considering that” 40.Whereas-clauses …………………… a are provisions b are promises c are conditions d are not provisions, promises or conditions 41 …………… are the explanations a Definition clauses b Whereas-recital clauses c Preamble clauses d Annex clauses 42.If a dispute arises, the recital allows the court to discover the real meaning of ………… a the contract b the term c the incoterm d the appendix 43.It’s always good for the exporter to promote his skills and the excellence of his products in the recital a in the contract documents b in the payment clause c in the recital d in the delivery clause 44.In a contract under a Continental law, a recital …… a is essential b is important c is not useful d is useful 45.In a contract under a Continental law, a recital ………… a is essential b is not useful c is not essential d is important 46.Continental lawyers ……… complicated grammar of the whereas-clause a often avoid b often use c often take advantage of d sometimes use 47.Within most Anglo- American jurisdictions, a contract……………… a can be one - sided b can be two – sided c can be either one-sided or two- sided d must be two sided 48.The entire agreement provision means ……………… must be established within the contract itself a the background of the contract b important letters and memoranda c contract documents d all of these 49.In a contract, ……………… can be out into a contract in the contract document clause a letters b general conditions c the Incoterms d outside materials, such as letters, general conditions and the Incoterms 50.In a contract, a formal definition is the best way of clarifying what exactly the two sides have ……… a excuded b negotiated c agreed d solved 51.It is common to put the definition clause ………… of the contract a at the beginning b near the beginning c at the end d near the end 52.The “order of precedence” among the documents explains ……………… a the authority of the documents b the meaning of the documents c the value of the documents d the assignment of the documents 53.The Anglo- American contract is ……………… a not the entire agreement b , traditionally, the entire agreement c sometimes the entire agreement d rarely the entire agreement 54.The entire agreement clause means that all documents that predate the contract …………… a are still valid b become important c become invalid d can be used as evidence 55.The background of the contract is provided in the form of ………… a a clause b a definition c the annex d a whereas-recital 56 Contract documents must be given …………… in case of contradictions a an order of seniority b order of precedence c order of rules d either a or b 57.The exporter must know the legal identity of the buyer ………… that may arise a resolve payment problems b settle disputes c solve problems d all of these 58.The names of parties to contract are often on the first page of the contract a the first page b the second page c the last page d all pages 59.The names of ………… are normally the full, registered name of the company a the exporter b the buyer c either the exporter or the importer d the parties 60.The names of the parties can go with ………… of the company a the operation b the specialization c the location d the description 61.Companies ……… to use the short form of the names in contracts a are forced b are not forced c are allowed d are not allowed 62 ………… can create no – contract situations a Only duress b Only fraud c Only mistake d Duress, fraud, and mistake all 63 In a contract, consideration may consist of …………… a only right b only interest c only profit, detriment, and loss d right, interest, profit, detriment, and loss 64.Under Anglo- American law, a contract must give …………… a both sides rights and duties b each side rights c each side duties d not duties but rights 65.Continental law is widely used for ………… a international issues b national issues c both national and international issues d neither international nor national issues 66.The official mailing addresses of the parties are given in:……………… a The Notices b The Appendices c The Exhibits d The Adoption 67.The hereinafter called wording can prevent legal problem caused by : …………………… a Misspelling names b Mistyping names c Misreading names d Misaccepting names 68.To make sure that the officer signing the contract has authority to sign the contract, parties should check: a The duplicate of the signature b The authenticity of the signature c The coverage of the signature d The transferability of the signature 69.In international practice, problems of Assignment of rights and delegation of duties can be reduced by using: a Prior written consent of the other party b Prior conversation of the other party c Prior consultation of the other party d Prior talk to the other party 70.In contracts, , is not normally allowed a Delegation of duties b Assignment of rights c Performance of obligations d Fulfillment of duties 71.In international contracts, parties try to exclude assignment of rights without - a A memorandum of understanding b Written consent of parties c A letter of reference d A personal letter 72 If both parties perform their duties correctly, a contract is discharged by : a Default b Suspension c Performance d Breach 73.When parties agree to end a contract, occurs a Termination b Frustration c Rescission d Suspension 74. - occurs when contract allows one party to end it under given circumstances a Termination b Frustration c Rescission d Suspension 75. happens when one party ends the contract because of breach by the other a Cancellation b Suspension c Impossibility d Termination 76.Termination may be for - a Disruption b Authentication c Convenience d Adoption 77. - discharge a contract when one party faces an excessive burden in complying with the contract a Suspension and non-performance b Frustration and impossibility c Disruption and prevention d Suspension and acceptance 78.Cancellation on grounds makes no legal sense a Great b Genuine c Trivial d Acceptable 79.The essence of Continental law is -a Verification b Authentication c Codification d Acceptance 80.Anglo- American law is also called a Civil law b Legal code c Common law d Law code 81.Of the three options available for settling disputes, litigation before the court is internationally least attractive as it is a Expensive and legalistic b Business- like and flexible c Time-saving and private d Fast and acceptable 82.The has no power to enforce his solution or to bind the parties, his task is to suggest a fair solution only a Judge b Conciliator c Magistrate d Lawyer 83.The advantages of arbitration are a Private and foreseeable costs b Lengthy and open c Binding and rigid d Time - comsuming 84.Among a number of international bodies offer arbitration services, the in Paris is the most prestigious a UCP b ADR c ICC d FAO 85.The court of arbitration applies whatever - the parties stipulate in the contract a International law b Corporate law c National law d Business law 86.In drafting an arbitration clause, the following questions must be resolved: a How many arbitrators sit in the court b What is the language of the court c Where is the place of the court d All of the above 87.The arbitrators’ awards are a Consultative and examinatorial b Final and enforceable c Referrable and reverable d All of the above 88.If the buyer comes from a country which has a poor reputation for enforcing awards, the best method of payment under the contract is a/ an -a Revolving L/C b At sight, confirmed L/C c Deferred, irrevocable L/C d Transferrable L/C 89.The main concern of the parties to contract should be -a Dispute management b Dispute avoidance c Dispute cost d Dispute means 90.The decision of arbitratiors is a Law- oriented b Business- oriented c Action- oriented d Reaction- oriented 91.Termination for convenience occurs when one party simply decides to drop the contract and a No reason is required b Reasons are required c Consultation is required d Conversation is required 92.Termination for default occurs when the contract names certain -which allow one side to terminate a Time limits b Defaults c Situations d Conditions 93.If both parties perform their duties exactly according to the contract, the contract is a Discharged by performance b Discharged for performance c Discharged to perform d Discharged with perfromance 94. - is two- sided procedures a Termination b Cancellation c Rescission d Suspension 95.When a contract is cancelled, a payment problem arises; the party in breach has a - case of payment a Strong b Weak c Solid d Big 96 The Vienna Sales Convention is also called: a The Uniform Law of International Sale b The Uniform Law on the Formation of Contracts for the International Sale of Goods c The United Nations Convention on Contracts for the International Sale of Goods d The United Nations Convention on Contracts for acceptance 97.Which of the following is not needed for a legally binding contract to be in force? a Written contract b Offer and acceptance c Consideration d Conversation 98 In contract negotiation, “an invitation to provide terms and condition” may mean: a Another name for acceptance b Another name for an offer c An invitation to the other party to make an offer d An invitation to the other party to accept an offer 99.When an offer is made , it is not applicable when it has ? a Suspension b Renovation c Revocation d Adoptation 100 A unilateral offer can be defined as: a An offer made of a promise in return for a promise b An offer made of a promise in return for an act c An offer made of an act in return for an act d An offer made of act in return for a promise Key – Hồng Linh- Ch A B C C A B A A A 10 B 11 B 12 C 13 D 14 C 15 C 16 D 17 A 18 B 19 C 20 B 21 A 22 A 23 A 24 B 25 D 26 A 27 A 28 B 29 A 30 C 31 B 32 A 33 D 34 B 35 C 36 A 37 B 38 A 39 D 40 D 41 B 42 A 43 C 44 D 45 C 46 A 47 D 48 A 49 D 50 C 51 B 52 A 53 B 54 C 55 D 56 D 57 A 58 A 59 D 60 C 61 C 62 D 63 D 64 A 65 B 66 A 67 B 68 B 69 A 70 A 71.B 72.C 73.C 74.A 75.A 76.C 77.B 78.C 79.C 80.C 81 A 82 B 83 A 84 C 85 C 86 C 87 B 88 B 89 B 90 B 91 A 92 B 93.A 94.C 95.B 96.C 97.A 98.C 99.C 100.B [...]... promise Key – Hồng Linh- Ch 4 1 A 2 B 3 C 4 C 5 A 6 B 7 A 8 A 9 A 10 B 11 B 12 C 13 D 14 C 15 C 16 D 17 A 18 B 19 C 20 B 21 A 22 A 23 A 24 B 25 D 26 A 27 A 28 B 29 A 30 C 31 B 32 A 33 D 34 B 35 C 36 A 37 B 38 A 39 D 40 D 41 B 42 A 43 C 44 D 45 C 46 A 47 D 48 A 49 D 50 C 51 B 52 A 53 B 54 C 55 D 56 D 57 A 58 A 59 D 60 C 61 C 62 D 63 D 64 A 65 B 66 A 67 B 68 B 69 A 70 A 71.B 72.C 73.C 74. A 75.A 76.C 77.B 78.C...a is essential b is important c is not useful d is useful 45 .In a contract under a Continental law, a recital ………… a is essential b is not useful c is not essential d is important 46 .Continental lawyers ……… complicated grammar of the whereas-clause a often avoid b often use c often take advantage of d sometimes use 47 .Within most Anglo- American jurisdictions, a contract……………… a can be... a can be one - sided b can be two – sided c can be either one-sided or two- sided d must be two sided 48 .The entire agreement provision means ……………… must be established within the contract itself a the background of the contract b important letters and memoranda c contract documents d all of these 49 .In a contract, ……………… can be out into a contract in the contract document clause a letters b general... 49 D 50 C 51 B 52 A 53 B 54 C 55 D 56 D 57 A 58 A 59 D 60 C 61 C 62 D 63 D 64 A 65 B 66 A 67 B 68 B 69 A 70 A 71.B 72.C 73.C 74. A 75.A 76.C 77.B 78.C 79.C 80.C 81 A 82 B 83 A 84 C 85 C 86 C 87 B 88 B 89 B 90 B 91 A 92 B 93.A 94. C 95.B 96.C 97.A 98.C 99.C 100.B ... correctly, a contract is discharged by : a Default b Suspension c Performance d Breach 73.When parties agree to end a contract, occurs a Termination b Frustration c Rescission d Suspension 74. - occurs when contract allows one party to end it under given circumstances a Termination b Frustration c Rescission d Suspension 75. happens when one party ends the contract because... fair solution only a Judge b Conciliator c Magistrate d Lawyer 83.The advantages of arbitration are a Private and foreseeable costs b Lengthy and open c Binding and rigid d Time - comsuming 84. Among a number of international bodies offer arbitration services, the in Paris is the most prestigious a UCP b ADR c ICC d FAO 85.The court of arbitration applies whatever - the parties... parties perform their duties exactly according to the contract, the contract is a Discharged by performance b Discharged for performance c Discharged to perform d Discharged with perfromance 94. - is two- sided procedures a Termination b Cancellation c Rescission d Suspension 95.When a contract is cancelled, a payment problem arises; the party in breach has a - case of payment... assignment of the documents 53.The Anglo- American contract is ……………… a not the entire agreement b , traditionally, the entire agreement c sometimes the entire agreement d rarely the entire agreement 54. The entire agreement clause means that all documents that predate the contract …………… a are still valid b become important c become invalid d can be used as evidence 55.The background of the contract... mistake d Duress, fraud, and mistake all 63 In a contract, consideration may consist of …………… a only right b only interest c only profit, detriment, and loss d right, interest, profit, detriment, and loss 64. Under Anglo- American law, a contract must give …………… a both sides rights and duties b each side rights c each side duties d not duties but rights 65.Continental law is widely used for ………… a international