BUSINESS LAW – ASSIGNMENT

Question 1: What must an offeree do to revoke their acceptance successfully?

- An offeree can only revoke their acceptance successfully when the notification on
revocation must arrive before or simultaneously with the time the offeror receives the
reply of acceptance.

Question 2: What will happen to the dispute settlement at the arbitration centre if one of the
disputes dies without passing their right and obligation to others?
- The claimant or respondent being an individual dies, without anyone inheriting his or
her rights and obligations. ( Article 59, Law on Commercial Arbitration 2010).
- In this case, the dispute settlement at the arbitration centre if one of the disputes die
without passing their right and obligation to others will be dispute settlement
suspension through the law.

Question 3: Mr.A and Mr.B having a dispute over an apartment located in District 7. At the first
instance trial, District 7 People Court passed a judgement declaring that Mr.A is the legal owner
of the house. Based on the court judgment, Mr.A later sells the apartment to Mr.C. On the
other hand, Mr.B continues with the lawsuit as he applies for the cassation session at the Ho
Chi Minh city people court. 6 months after the first instance judgment had taken effect, Mr.B
claimed that there had been a violation of law which occurred at the first instance trial. If the
Ho Chi Minh city people court terminates the judgement made by District 7 people court while
Mr.C has not registered for the apartment ownership yet, will the transaction between Mr.A
and Mr.C is a valid transaction and could Mr.C retain the house?
- Based on the Civil Code of 2015, Clause 2 of Article 133 states that if the property must
be registered but has not yet been registered, the transaction is invalid, and the
transaction with the third party is also invalid. However, in the case at hand, the court
first found that Mr. A was the apartment's owner, and then Mr. B sued, therefore the
transaction with Mr. C was still valid.

Question 4: On the 1st of January 2021, ABC limited liability company ( ABC ltd) signed a
contract with JL 1 member limited company (JL ltd) which is a famous construction company in
HCM city. According to the contract, JL ltd will be in charge of constructing a building for ABC
ltd within a period of 12 months. As being a brick producer, all the bricks for this construction
will be provided by the ABC ltd. In total 50 tons of brick has been provided to JL ltd. By
realizing that only 45 tons of brick are needed for the construction, the JL ltd has secretly sold 5
tons of brick to Mr O without asking any permission from the ABC ltd. Can the ABC ltd
demand the brick back from Mr O? Explain with legal text (30 marks)
- The ABC ltd can not demand the brick back from Mr O. Based on the Civil Code of
2015, Clause 1 of Article 133 states in cases where a civil transaction is invalid but the
transacted property being a moveable property specifically bricks is not required to be
registered and such property has already been transferred to a bona fide third party
through another transaction, the transaction with the third party shall remain valid.
Moreover, the Civil Code of 2015, Clause 3 of Article 133 states the owner of a property
shall have no right to reclaim the property from the bona fide third party, but the ABC ltd
may proceed against the JL ltd at fault to refund appropriate expenses and compensate for
there damage.