CLUSTER 2: PRIVATE LAW - Contract law 2: content
20 important questions on CLUSTER 2: PRIVATE LAW - Contract law 2: content
What makes up the consequences of a contract?
What are the common clauses in a contract? (8)
2. Force Majeure
3. Warranties
4. Remedies limiting damages
5. Penalties
6. Termination
7. Intellectual Property
8. Survival
Describe the obligation clause and its consequences
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Describe Force Majeure clause
Describe the warranties clause
Describe the two limitations of the remedies limiting damages clause.
2. Liquidated damages clause: there is a fixated number of damages that should be compensated.
Describe the penalties clause
Describe the termination clause
Describe the IP clause
What is the general principle of remedies?
What is the difference between common law systems and civil law systems in remedies upon breach of contract?
Civil law: generally all clauses that impose an obligation allow a remedy in case the obligation is breached. The difference is between EXPLICIT remedies and IMPLICIT remedies.
Why is it important to have a jurisdiction clause?
What is the interpretation method for common law? What does this imply in practice?
the approach is more predictable and parties should make sure the contract adequately regeclts intentions.
What is the interpretation style of civil law? What does this mean in practice?
There may be incorrect ideas about intentions of the parties.
What is the difference between objective interpretation vs subjective interpretation?
Subjective interpretation is the intentions of the parties are taken primarily; what can parties failry expect given the text?
What does good faith describe in civil law?
What are the functions of good faith? (3)
2. Interpreation of the contract is guided by what reasonable parties are supposed to have intended
3. Unreasonable behaviour is disallowed, even when the contract literally does allow this
What are the advantages and disadvantages of good faith?
Disadvantage: loss of certainty as good faith can override the contract
What are unfair terms in a contract?
What are the controls of contract formation for civil law and common law?
Civil law: legal restrictions to the kind of terms that can be agreed upon:
- unfair clause
- clause against public order
- violations of norms of human dignity
The question on the page originate from the summary of the following study material:
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