Midterm CESEM 1 – 1H

February 16th, 2021

CASE 1 (15 points)
Mr. Faivre has just received the following quotation :

Company Carrelage Remois QUOTATION

16 rue de la Neuvillette
51 100 REIMS
Tél : 03 26 89 66 12
M. Faivre Clément
27 rue de l’isle
51100 Reims

Reference : 2021/268 TG
Date : 16th October 2020
Customer number : 345A

Titled : bathroom tile quotation

Quantity : 12
Product designation : square meter of tile Reference 'Tuscany off-white'.
Unit price excluding tax : 23 euros
Total price excluding tax : 276 euros

Total price excluding tax : 276 euros

Value added tax (French tax) 20% : 55,20 euros

Total all taxes included in euros : 331,20 euros

We remain at your disposal for any further information.

If you are satisfied with this quotation, please return it to us signed and preceded
by the mention: "Good for agreement and execution of the quotation".

Date : Signature :

Validity of the quotation: 3 months.

Terms of payment : 40% with the order, the remaining must be paid on delivery.

Siret number 210 898 676 0000 5 RCS Reims

Code APPE 947A –

1
Question 1: Can this quotation be considered as an offer according to the law ?
(5 points)
Answer in law (2 points) :
Answer in the present case (2 points) :
Conclusion (1 point) :
Question 2 (6 points) : The « company Carrelage Remois » received several phone
calls from Mr. Faivre during the month of November. Mr. Faivre always asks for the
same information regarding the "off-white Tuscan" tile mentioned in the quotation.
The « company Carrelage Remois » began to find Mr. Faivre particularly tiresome.
The company thinks it would be better not to work with him. The company decides
to send a letter to Mr. Faivre on December 14th indicating that it will not be able
to follow up on his quotation. Mr. Faivre asks for your opinion.
Area of law concerned (0.5 point) :
Legal Problem (0.5 point) :
Answer in law (2 points) :
Answer in the present case (2 points) :
Conclusion (1 point) :
Question 3 (4 points): Mr. Faivre returned the quotation to the company Carrelage
Remois by signing and dating it January 18th, 2021. At the end of January, Mr.
Faivre was surprised not to hear from the company. He asks you what he can do.

Law question (0.5 point) :

Answer in law (2 points) :
Answer in the present case (2 points) :
Conclusion (1 point) :

CASE 2 (5 points)

France has decided that the exercise of the right to strike as provided for in the
French Constitution will be totally prohibited by the new “project of law” of
February 2021 which is still being discussed. Young deputy, Ludovic Grenet, wishes
to oppose this “project of law” as it does not respect the French Constitution.
What do you think about it ?

Area of law concerned (0.5 point) :

Law question (0.5 point) :
Answer in law (2 points) :
Answer in the present case (2 points) :

2
Conclusion (1 point) :