FTU - Module - Foundations of Business Law - Final - 2022 - -đã chuyển đổi

Midterm Exam 2022
Module: Foundations of Business Law
Note:
 This is an open book exam and the student have a maximum of 120 minutes.
 Submit your solution by mail to me by 3.45 p.m. at the latest
([email protected]).
 Solutions which are not submitted within time won’t be accepted.
 Overall the students can reach 53 points.
 Good luck to the students!
Sophie Freiburghaus
1
Part I: True/False Questions
The following true/false-questions yield 1 point for each correct answer. (32 points)
1.1. BASICS:
True False
Laws are rules enforced by public opinion. ⃝ ⃝
In terms of number of countries, Common Law is the dominant legal ⃝ ⃝
system globally.
Judicial opinion is a source of law in Common Law only, not in Civil law. ⃝ ⃝
Contract Law is Private Law. ⃝ ⃝
Tort Law is Public Law. ⃝ ⃝
Civil Law is the dominant system in continental Europe. ⃝ ⃝
Conduct is a source of law in both Civil Law and Common Law Systems. ⃝ ⃝
1.2. CONTRACT LAW:

True False
An offer may be accepted by an implied acceptance. ⃝ ⃝
The claim for damages caused by defects of the purchased product is not ⃝ ⃝
available if the seller is at fault.
Under Swiss law, in the absence of agreed terms the risk for bulk goods ⃝ ⃝
passes from the seller to the buyer upon conclusion of the sales
agreement.
The conclusion of a contract does not always require an express consent ⃝ ⃝
of the contractual parties.
A contractual party may not validly promise to the other contractual ⃝ ⃝
party the performance to a third party.
Under Swiss Law an acceptance is not binding. ⃝ ⃝
A counter offer is the rejection of the original offer and the making of a ⃝ ⃝
new offer.
An offeree is a person who makes an offer. ⃝ ⃝
Implied promises in a contract are not enforceable. ⃝ ⃝
A seller making a wrong assessment over the value of the item sold is not ⃝ ⃝
entitled to void the contract.
A major difference between the contract of mandate and the contract for ⃝ ⃝
work and services is that according to the mandate the principle is
obliged to produce a work result whereas the contractor according to the
contract for work and services only owns the execution of the contract in
a diligent manner.
2
1.3. Tort:
True False
Contributory negligence is a form of strict liability. ⃝ ⃝
There are torts committed intentionally by the tort teaser. ⃝ ⃝
The vicarious liability of the employer is a form of strict liability. ⃝ ⃝
A company cannot commit a tort. ⃝ ⃝
Under strict liability, the damaged person has to show that the defendant ⃝ ⃝
did not act with reasonable care.
1.4. Product Liability:

True False
Based on the rules of the Product Liability Act, the injured party may ⃝ ⃝
claim the refund of the price of the defective product which caused the
damage.
In the case of product liability the manufacturer and the importer of a ⃝ ⃝
defective product may be held jointly liable.
A company importing a product in Switzerland may be hold responsible ⃝ ⃝
according to the Product Liability Act if such product does not provide
the safety the injured party is entitled to expect.
Product liability is one example for strict liability. ⃝ ⃝
1.5. Business Association:

True False
Shareholders of a Corporation have a duty of loyalty and cannot – ⃝ ⃝
without the consent of the majority of the other shareholders – be co-
owners of a competing Corporation.
Two Corporations cannot establish a General Partnership. ⃝ ⃝
The legal form of General Partnership is limited to a maximum number of ⃝ ⃝
partners of 10.
One of the major reasons to set up a holding structure is to receive tax ⃝ ⃝
reductions.
A Simple Partnership is a General Partnership which is not registered in ⃝ ⃝
the Commercial Register.
3
Part II: Further Questions
2.1 List five measures which a company could take to minimize product liability claims. (5 points)
2.2. List the preconditions that need to be fulfilled for a successful product liability claim.
(5 points)
Part III: Case
Case A
In 2021, Mueller Bridge Ltd. (“Mueller”; domiciled in Olten) enters into a “Joint Venture Agreement”
with Schmid Construction Ltd. (“Schmid”; domiciled in Brugg; Mueller and Schmid together are called
“JVC” (joint venture companies)), to jointly offer their services in a construction project to the Swiss
Federal Railways (“SBB”).
The contract concluded between Mueller and Schmid as contractors and SBB includes the
construction of a bridge. Mueller is responsible for the provision of the steel structure of the bridge
4
and Schmid for the subsequent assembly of the bridge. The agreement between the JVC and SBB
includes as delivery date the first week of June 2022.
1. What kind of contract has SBB and JVC agreed to? (1 point )
[Case continues] Mueller delivers the steel construction according to the time schedule agreed in the
Joint Venture Agreement. Subsequently, Schmid has difficulties to assemble it. Therefore, the JVC are
not able to deliver the assembled bridge on time; at the end of August 2022 the bridge is still not
ready to be delivered. SBB asks you if it can terminate the agreement with the JVC and what
preconditions it must observe to do so.
2. Please answer the question? (2 points)

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Midterm Exam 2022

Module: Foundations of Business Law

 Good luck to the students!

1.2. CONTRACT LAW:

1.4. Product Liability:

1.5. Business Association:

Part III: Case

2. Please answer the question? (2 points)

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