Law Of Contract Guidance Question PDF

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LAW OF CONTRACTReview and guidance questions Instructor: Ms. Ha, Thi Thanh Binh (Doctor of Law (HCMUL), LLM (Monash)) Email: [email protected] Ms. Nguyen, Thi Thanh Huyen (Master of Laws (HCMUL- Lund University Joint Program) Email: [email protected] I. Short questions: Analyze sources of contr...

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LAW OF CONTRACT Review and guidance questions Instructor: Ms. Ha, Thi Thanh Binh (Doctor of Law (HCMUL), LLM (Monash)) Email: [email protected] Ms. Nguyen, Thi Thanh Huyen (Master of Laws (HCMUL- Lund University Joint Program) Email: [email protected] I. Short questions: 1. Analyze sources of contract law in the US?

2. Compare and contrast sources of contract law in the US and in Vietnam. 3. Apply US law, discuss the criteria for classification of contract. Give one example of each type of contracts. 4. In what circumstances contracts are unenforceable under US law, are there any differences between US law and Vietnamese law with respect to the concept of “unenforceable contract”? 5. How to determine whether the parties to an agreement intend to create a legal relation under US law? Is the concept of “intention to create a legal relation” available under Vietnamese law? 6. Explain how an invitation to treat is different from an offer under US law, does Vietnamese law distinguish between offer and invitation to treat? 7. List and explain the basic elements necessary for an effective offer under US law? Under what circumstances is an offer irrevocable? 8. Applying US law, what does “consideration” means? Explain the rules relating to “consideration” as an essential element of a valid contract. 9. Identify situations in which consideration is not valid. 10.How contracts with minors are classified under US Law? 11.How does Vietnamese law deal with contracts with minors? 12.Compare and contrast the way in which US law and Vietnamese law govern contracts to which one party is a minor? 13.Compare and contrast the validity of contract based on capacity element under US law

and under Vietnamese law. 14.Applying US law, discuss with examples the differences between condition terms and warranty terms. 15.Discuss the differences between express terms and implied terms under US law. Provide examples of each type. 16.Explain how contract become voidable due to lacking of genuine consent under US law. 17.Compare and contrast (with examples) different types of misrepresentation. 18.What are the differences between void contract and unenforceable contract under US law? Provide examples. 19.Compare and contrast void contract under Vietnamese law and US law. 20.Compare and contrast unenforceability contract under Vietnamese law and US law. 21.Applying US law to define what statute of frauds means? Are there any exceptions? Provide example. 22.List and explain the ways that a contract may be discharged by agreement under US law? 23.Compare and contrast different types of damages under US law. Giving example. 24.What does liquidated damages mean under US law? What are required for liquidated damages to be awarded by the court? 25.Is liquidated damages available or similar concept in Vietnam? 26.Under what circumstances can a court make an order for specific performance under US law? Why is the court usually reluctant to make this order? 27.Applying US law, explain equitable remedy of rescission and the circumstances in which it will be granted. 28.Are there equitable remedies available under Vietnamese law? 29.Applying Vietnamese law to discuss the difference between a civil contract and a commercial contract? 30.Discuss the rules provided in the Vietnam Civil Code to determine the point of time on

which a civil contract is entered into. 31.Is the concept of express terms and implied terms available under Vietnamese law? If yes, please provide example. 32.Does Vietnamese law distinguish between void contract and unenforceable contract? Compare with that in U.S law. 33.What are the differences between US law and Vietnamese law with respect to elements of a valid contract? 34.Discuss the differences between the Vietnam Civil Code 2005 and the Vietnam Civil Code 2015 with respect to the form of contract? 35.What are the consequences of a contract that is not in the form required by Vietnamese law? 36.Is there any difference between US law and Vietnamese law in connection with forms of contract? 37.How contract performance is classified under US law? 38. How contract performance is classified under Vietnamese law? 39.How is breach of contract defined under US law? 40.How is breach of contract defined under Vietnamese law? 41.What does repudiatory breach mean under US law? Is this concept available in Vietnam? 42.Describe fundamental/substantial breach. Is this concept different under US law and Vietnamese law? 43.Discuss remedies available to non-breaching party under US law. Provide examples. 44.Discuss remedies available to non-breaching party under the Vietnam Civil Code. Provide examples. 45.Discuss remedies available to non-breaching party under the Vietnam Commercial Law. Provide examples. 46.Discuss the relationship between different types of remedies for breach of a

commercial contract in Vietnam. Would your answer be different if there is a breach of a civil contract? II. Problem solving questions: 1. For six years, Lee Marvin, an actor, lived with Michelle Marvin. They were not married. At the end of six years, Lee Marvin compelled Michelle Marvin to leave his household. He continued to support her for another year but thereafter refused to provide further support. During their time together, Lee Marvin earned substantial income and acquired property, including motion-picture rights worth more than $1 million. Michelle Marvin brought an action again Lee Marvin, alleging that an implied-in-fact contract existed between them and that she was entitled to half of the property that they have acquired while living together. She claimed that she had given up a lucrative career as an entertainer and singer to be a full-time companion, homemaker, housekeeper, and cook. Under US, advice Michelle Marvin. Marvin v. Marvin :: :: Supreme Court of California Decisions :: California Case Law :: California Law :: US Law :: Justia We conclude: (1) The provisions of the Family Law Act do not govern the distribution of property acquired during a nonmarital relationship; such a relationship remains subject solely to judicial decision. (2) The courts should enforce express contracts between nonmarital partners except to the extent that the contract is explicitly founded on the consideration of meretricious sexual services. (3) In the absence of an express contract, the courts should inquire into the conduct of the parties to determine whether that conduct demonstrates an implied contract, agreement of partnership or joint venture, or some other tacit understanding between the parties. The courts may also employ the doctrine of quantum meruit, or equitable remedies such as constructive or resulting trusts, when warranted by the facts of the case. 2. On 1 July 2020, James writes to Peter offering to sell his trumpet for US$1,500. Peter calls James to accept the offer but only if the price is reduced to US$800. James is not willing to sell the trumpet for US$800. Peter then sends a fax to James agreeing to buy the trumpet for US$1,500. Apply US laws to advise James as to whether he is bound to sell the trumpet to Sam. Would your answer be different if (i) in James’ offer of 1 July, he wrote, “please accept by letter only”; and (ii) if Vietnamese law applies? 3. Three sisters, Vivian, Valerie and Victoria, agree to form a syndicate for the purpose of making a weekly entry in a fashion contest in a local newspaper. Vivian and Valerie do not know much about fashion and gave Victoria $10 each week. Victoria fills in and sends off the contest forms every week and she always fills the forms in her own name. After one month, one of the entries that Victoria sent won a $10,000 prize. Vivian and

Valerie are very happy to know about the news and want to claim their share. Victoria now refuses to share. Apply US law to advise Vivian and Valerie? Would your answer be different if Vietnamese Law applies? 4. In Dec 1999, John borrowed US$10,000 from Tony. John promised to repay the loan within a month. However, John did not repay the loan and Tony went overseas for further studies. He returned to Ohio last month and demanded repayment from John. He refuses to pay. Apply US law, advise Tony if he could sue John to recover the loan. Would it make any difference to your answer if, (i) when Tony demanded repayment, John told him that he would repay the loan the very next day but never kept his word?; and (ii) Vietnamese Law applies? 5. Peter, a singer of great renown and a man of substantial wealth, become engaged to Mary. He was generous with Mary’s family, paying for landscaping the lawn, installing a swimming pool, and making other gift. When his financee’s mother, Nancy, sought to divorce her husband, Peter promised to pay off the remaining mortgage indebtedness on the Nancy home, which Mrs. Nancy was to receive in the divorce settlement. Subsequently, Peter died suddenly, leaving the mortgage unpaid. When the legal representative of Peter’e estate refused to pay the mortgage, Mrs. Nancy took an action to enforce Peter’s promise. The trial court denied recovery. Mrs. Nancy appealed. Is Peter’s promise to pay the mortgage enforceable under US. law? Fully explain. 6. Alan is a university student, aged 17. He had difficulty in coming to the college and decided to purchase a Modenas (the national brand motorcycle) from Aeon Mall. Alan paid $500 as deposit for the motorcycle and promised to pay the balance of the purchase price in two weeks time. After two weeks, Alan failed to come up with the balance and Aeon Mall wanted to claim the payment from Alan. Apply US law, discuss whether Aeon Mall succeed in his claim? Would your answer be different if Vietnamese Law applies? 7. James intended to paint the outside of his house. He went to Village Paints Pty Ltd and told the shop assistant that he required paint for the outside of his house. He also said that he wanted a paint that would last for at least ten years. The sales assistant recommended “Right Stuff” as being suitable. James bought sufficient of the “Right Stuff” paint and the next weekend he was able to paint the whole of the outside of his house. During the following week it rained and the rainwater caused the paint to fade. On some of the walls the paint was entirely washed away. James discovered that “Right Stuff” should only be used for inside painting. Under US Law, what contractual rights does James have in relation to Village Paints Pty Ltd?

8. Mr. Johnson, who is 70 years old, has a stroke and is partially paralyzed. He is required to use a wheelchair, and he needs constant nursing care. Prior to his stroke, Mr. Johnson had executed a will, leaving his property upon his death equally to his four grandchildren. Edward, a licensed nurse, is hired to care for Mr. Johnson on a daily basis, and Mr. Johnson relies on Edward's care. Edward works for Mr. Johnson for two years before Mr. Johnson passes away. It is later discovered that Mr. Johnson had executed a written contract with Edward three months before he died, deeding a valuable piece of real estate to Edward. Apply US law to discuss whether the contract between Mr. Johnson and Edward is enforceable. Would your answer be different if Vietnamese Law applies? 9. Apply US law to explain whether the following examples qualify as misrepresentation, and if so, what type? a) You see a car advertised for in the newspaper. You ring up the seller and ask her whether the car has ever been in a serious crash. The seller says that she thinks it has not, but that she is not certain. You do not question this statement. You buy the car. It had been in a serious crash. b) Same scenario as above, except that the seller says that the car definitely has not been in a crash and you are a used car expert and you thoroughly examine the car before purchasing it. c) Same scenario as above, except that the seller says that the car definitely has not been in a crash. The seller is the car dealer and she examined the car carefully before he purchased the car for resale. 10. Elizabeth, a then-unknown singer, signed a multiyear recording contract with Beverly Glen Music, Inc. (Beverly Glen). Elizabeth recorded for Beverly Glen a record album that was moderately successful. After having some difficulties with Beverly Glen, Elizabeth was offered a more lucrative contract by Wanner Communications, Inc. (Wanner). Elizabeth accepted the Wanner’s offer and informed Beverly Glen that she could not complete their contract because she had entered into and agreement with Wanner. Beverly sued Elizabeth and Wanner, and it sought an injunction to prevent Elizabeth from performing as a singer for Wanner. Is an injunction an appropriate remedy in this case under US law? Would your answer be different if Vietnamese law applies? 7...