Previous Exams Flashcards
(29 cards)
What is the name of the law which established rules for formation and validity on contracts concluded electronically?
UNCITRAL Model Law on E-Commerce 1996
Cloud computing now touches many parts of our personal and professional lives. What is/are some of the factors which have facilitate the growth of the industry in recent years?
Increased reliability of the Internet plus advances in encryption.
A brach of a “Condition” in a contract can lead the innocent party to:
Terminate the contract and claim damages.
Which article of the Rome 1 Regulation states that a contract for the provisions of a service shall be governed by the law of the country where the service provider has his “habitual residence”?
Art. 4
If a company develops a new technology that improves its main product, what type of intellectual property can they use to protect their invention?
Patents
Agency is usually used in the context of what type of products?
Made to order or customised products
Different from an Agency agreement, what does a Distribution involve?
That title and risk in the goods pass to the distributor
One of the biggest risk in Outsourcing is that
The process is invisible to the end customer, therefore the provision of the services will be perceived as the Company work…
“Forum non conviniens” is a tool available at a court’s discretion to transfer a case if the court selected is not the most convenient one on the basis of which consideration?
Fairness and a desire not to waste scarce juridicial resources.
Vienna Convention…
Is considered the most successful commercial law treaty in history
What is NOT a necessary element of an enforceable contract?
Counter-offer
What is the name of the regime in which most foreign courts will recognize the validity of a foreign judgment?
“Comity”
Which items does the UNICTRAL Model Law on Electronic Signatures (2001) not regulate or prescribe?
The specific types of technology approved for certification of electronic signatures.
Please identify the issues of concern raised in the European Article 29 Working Party Opinion regarding Internet of Things
Loss of control over personal data;
Risk of re-purposing data-data collected for a purpose but used for another;
Low quality consent - no obvious point at which user can give consent when using device.
The “battle of the forms” is won by…
The party who fired “the last shot” (the last set of terms in which were not explicitly rejected by the recipient) prior to commencement of performance of the contract
Incoterms regulate what element of a transnational contract?
Standard international commercial terms (transport and delivery)
Which data are NOT considered “personal data” under the GDPR?
Anonymised personal data
Which statement is true about the data breach notification obligation?
The supervisory authority must be notified of all breaches, unless the controller can demonstrate that the brache is unlikely to result in a risk to the rights and freedom of natural persons.
What does the CISG not cover?
The passing of title
If parties to a contract for the international sales of good wish to exclude the operation of the CISG they may decide to do what?
Choose a governing law of a State that has not ratified the Convention.
Service levels operate in outsourcing contract in order to do what?
Monitor the performance of the services to ensure they are provided in accordance with the levels agreed in the contract.
In an Outsourcing contract “service credits” are designed to do what?
Provide an incentive for the service provider to perform in accordance with agreed service level, otherwise the amount to be paid in the relevant period will be reduced.
Camilla is a music teacher at an elementary school. She writes a play for her student to perform. The next year she learns it has been copied and is performing the same play. Camilla never registered or published the play. What can she do?
She can sue for copyright infringement because it is not necessary to register the song in order to be protected.
If a book French poetry is written and published today by an author under her real name, how long will the copyright protection last?
The life of the author plus 70 years.
