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AR2R016 - MF 2 Exam 2015-2016 (13-4-2016) Answers
AR2R016 - MF 2 Exam 2015-2016 (13-4-2016) Answers
Part:
Law
Private
Law
Lecturer
Monika
Chao-‐Duivis
A. Which
alternative
is
correct?
Do
not
motivate
your
choice.
Question
1
A
and
B
have
entered
into
a
sales
agreement,
on
the
basis
of
which
B
will
paint
the
house
of
A
before
the
first
of
June
2016.
At
the
first
of
June
B
has
not
painted
the
house
of
A.
Which
statement
is
right?
(5
p.)
a.
B
is
automatically
in
default,
because
the
time
limit
to
fulfil
the
obligation
has
expired.
b.
B
is
not
in
default,
because
a
default
notice
has
not
been
served.
c.
B
is
not
in
default,
because
he
can
still
fulfil
his
obligation.
Correct
answer:
A,
see
p.
20
Book.
Question
2
A
and
B
have
entered
into
a
building
contract.
The
contract
contains
a
clause
stating
that
if
the
steel
prices
rise
between
10
and
20%
the
contractor
(A)
will
get
this
compensated
accordingly.
The
prices
of
steel
rise
23%.
B
pays
A
a
compensation
of
20%.
A
demands
the
lacking
3%
as
well
invoking
the
rule
in
Book
6
CC
on
unforeseen
circumstances.
Which
statement
is
right?
(5
p.)
a.
The
judge
will
deny
the
claim,
because
the
clause
only
allows
compensation
up
to
20%.
b.
The
judge
will
assign
the
claim,
because
the
clause
only
allows
compensation
up
to
20%,
so
this
is
an
unforeseen
circumstance.
c.
The
judge
will
not
assign
the
claim,
because
although
the
clause
only
allows
compensation
up
to
20%
and
this
is
an
unforeseen
circumstance,
A
can
be
expected
to
uphold
his
agreement
in
an
unchanged
form
according
to
standards
of
reasonableness
and
fairness.
Correct
answer:
C,
see
Book
p.
24
Question
3
Contractor
A
has
submitted
a
bid
in
a
tender
procedure,
which
deviates
from
the
requirements,
because
A
has
a
better
plan
than
the
requirements
asked
for.
It
is
a
fact
that
A’s
plan
is
indeed
better.
Which
statement
is
right?
(5
p.)
a.
This
is
allowed
in
case
the
award
criterion
of
the
most
economically
advantageous
tender
is
used.
b.
This
is
never
allowed,
because
this
is
a
violation
of
the
equality
principle.
c.
This
is
allowed
in
case
the
award
criterion
of
the
most
economically
advantageous
tender
is
used
and
the
contracting
authority
has
explicitly
allowed
this
deviation.
Correct
answer:
C,
see
p.
146
Book.
Question
4
Which
statement
is
right?
(5
p.)
a.
The
winner
of
the
tender
procedure
will
enter
into
a
contract
with
the
contracting
authority.
b.
After
a
winner
of
the
tender
procedure
has
become
known
and
the
contracting
authority
wants
to
enter
into
a
contract
the
winner
of
the
tender
will
be
the
one
with
whom
the
contracting
authority
will
enter
into
contract.
c.
If
the
contracting
authority
does
not
want
to
enter
into
a
contract
with
the
winner
of
the
tender
procedure
it
can
choose
another
party
because
of
the
freedom
of
contract.
Correct
answer
B,
see
p.
147
Book.
B. Answer
the
following
questions
and
motivate
your
answer
Question
5
Contractor
A
has
realised
a
road
using
a
nominated
subcontractor.
The
UAC
2012
were
applicable.
After
completion
it
turns
out
the
road
surface
cannot
be
driven
upon,
because
it
is
too
slippery.
The
employer,
B,
holds
A
liable.
It
is
a
non-‐disputed
fact
that
this
defect
was
not
discovered
at
the
time
of
take
over.
At
the
time
of
take
over
B
has
had
the
work
checked
by
X,
for
whom
this
was
his
first
take
over
procedure.
During
the
execution
the
work
was
supervised
once
a
week
for
one
hour
by
an
experienced
supervisor
(Z).
The
employer
holds
A
liable.
A
has
the
following
defence
against
the
claim:
1)
I
did
not
cause
the
problem
but
the
subcontractor,
so
he
should
be
sued;
2)
you
(B)
could
and
should
have
discovered
the
mistake.
Will
A
be
successful
with
this
defence?
As
far
as
the
question
on
the
subcontractor
(1)
you
will
explain
what
the
situation
is
like
if
the
subcontractor
is
nominated.
(15
p.)
1)
No:
he
is
liable
for
subcontractors
being
used,
see
par.
6,26
UAC
2012.
see
p.
64
Book.
If
the
subcontractor
is
nominated,
A
will
be
liable
to
the
extent
he
can
hold
the
subcontractor
liable
but
only
if
the
terms
and
conditions
used
by
the
subcontractor
in
relation
to
the
contractor
haven
been
accepted
or
approved
by
the
employer.
P.
65
Book.
2)
According
to
par.
12
UAC
2012
the
contractor
is
liable
for
hidden
defects,
meaning
for
defects
the
employer
could
not
have
reasonably
detected
in
spite
of
careful
supervision
during
execution
or
on
inspection
of
the
works.
So
the
question
is
what
could
have
been
reasonably
discovered
during
execution
by
Z
and
at
the
time
of
take
over
by
X.
Z
is
experienced
but
has
had
hardly
seen
anything
and
X
is
not
experienced.
So
chances
are
that
with
these
two
supervisions
not
much
could
have
been
discovered
and
the
problem
with
the
surface
is
therefor
to
be
considered
to
be
a
hidden
defect
and
A
will
not
be
successful
with
his
defence.
Question
6
Contractor
A
and
employer
B
have
entered
into
a
contract
governed
by
the
UAC-‐IC
2005.
While
working
on
the
design
B
notices
during
an
inspection
of
A’s
work,
that
A
is
thinking
of
using
European
wood
for
the
windows.
B
knows
this
will
not
work
out
for
this
building
because
the
temperature
in
the
building
(a
green
house
for
tropical
plants)
will
be
too
high
and
damage
the
wood
within
a
few
weeks.
B
does
not
mention
this
to
A.
A
year
after
take
over
the
wood
shows
damages
and
B
holds
A
liable.
A
defends
himself:
1)
it
was
not
known
to
him
the
green
house
was
to
be
used
for
tropical
plants
and
needed
to
be
able
to
take
these
high
temperatures
so
he
is
not
liable
and
2)
B
should
have
warned
him
since
he
knew
the
wrong
wood
was
going
to
be
used;
it
is
a
non
disputed
fact
that
B
knew
this
when
he
checked
the
work
of
A,
but
B
says
as
an
UAC-‐IC
2005
employer
he
is
not
supposed
to
involve
himself
with
the
work
of
the
contractor.
Will
A
be
successful
on
both
points?
(15
p.)
1)
it
depends
what
B
has
told
A:
did
he
only
ask
for
a
green
house
or
did
he
ask
for
a
green
house
to
grow
tropical
plants
in?
This
is
the
question
on
what
were
the
requirements:
explicit
and
if
not:
normal.
See
p.
112
Book.
Depending
upon
the
discussion
of
these
requirements
in
this
specific
case,
it
can
be
determined
if
A
will
be
successful
or
not.
2)
The
answer
follows
from
par.
21,
10:
if
the
employer
actually
notices
a
mistake/defect
he
has
to
inform
the
contractor.
Please
start
answering
part
PLANNING
LAW
on
a
new
sheet
of
paper
Planning
Law
Lecturer
Fred
Hobma
Questions
7
up
to
and
including
11
relate
to
the
following
case.
Case
In
a
certain
area
10
property
developers
each
own
a
plot
of
agricultural
land.
The
developers
and
the
municipality
want
to
develop
the
area
into
a
new
residential
area.
All
developers
and
the
municipality
agree
on
the
following:
all
developers
will
sell
their
land
to
the
municipality
on
time
T1.
Subsequently,
the
municipality
will
prepare
the
land
for
construction.
After
that,
on
time
T2,
the
municipality
will
sell
plots
back
to
the
developers
who
will
realise
the
new
houses.
Question
7
What
is
the
name
of
this
type
of
agreement?
(Note:
no
further
explanation
needed.)
(5
p.)
Answer:
development
rights
model.
Question
8
Suppose
that
property
developer
A
indeed
bought
a
plot
from
the
municipality
at
time
T2.
However,
some
time
later,
it
turns
out
that
the
economic
crisis
has
severely
hurt
the
financial
position
of
A.
A
is
in
need
of
finances
to
be
able
to
pay
for
the
construction
of
the
new
houses.
Under
the
circumstances,
which
planning
law
instrument
can
be
used
by
A
and
municipality
to
help
the
financial
position
of
A?
Please
explain.
(10
p.)
Answer:
Ground
lease.
The
municipality
could
buy
the
land
back
from
A
it
has
sold
to
A
at
time
T2.
Subsequently,
a
ground
lease
agreement
will
be
concluded
between
both
parties.
Explanation:
If
land
is
leased
to
a
leaseholder,
the
initial
capital
investment
by
the
leaseholder/developer
is
smaller
compared
to
the
situation
in
which
the
developer
has
to
buy
the
land.
In
this
line
of
reasoning,
the
money
that
is
not
needed
to
buy
land
can
be
used
by
the
developer
to
finance
the
building(s).
In
this
way,
the
initial
financial
position
of
A
is
improved.
The
financial
position
of
A
can
improve
further
once
it
sells
the
new
houses
(resulting
in
a
profit).
Question
9
Some
people
already
living
in
the
neighbourhood
of
the
new
residential
area
will
lose
their
free
view
over
the
open
agricultural
land.
They
argue
that
their
homes
decline
in
value
due
to
the
new
development.
Describe
the
conditions
under
which
a
neighbour
has
a
right
to
financial
compensation.
(15
p.)
Answer:
1. The
neighbours
must
suffer
or
will
suffer
a
loss.
2. Only
capital
losses
and
income
losses
will
be
compensated.
3. There
must
be
an
irrevocable
land-‐use
plan.
4. The
losses
must
not
fall
‘within
standard
social
risk’.
(Explain)
5. The
change
of
the
land-‐use
must
not
have
been
‘forseeable’
for
the
neighbour.
(Explain)
Question
10
The
developers
and
the
municipality
agreed
on
time
T1
in
main
lines
what
the
new
area
will
look
like.
For
this
purpose,
the
program
and
the
quality
of
the
new
residential
area
have
been
laid
down
in
a
masterplan.
The
masterplan
is
signed
by
all
developers
and
the
municipality
on
time
T1.
Of
course,
the
municipality
will
have
to
draw
up
a
land-‐use
plan
for
the
area.
Most
likely,
the
municipality
will
have
concluded
(on
time
T1)
an
agreement
with
the
developers
on
the
contents
of
the
(future)
land-‐use
plan.
What
is
the
name
of
this
type
of
agreement?
(Note:
no
further
explanation
needed).
(5
p.)
Answer:
land-‐use
plan
agreement.
Question
11
Suppose
that
a
group
of
people
already
living
in
the
neighbourhood
of
the
new
residential
area
raise
objections
against
an
apartment
building,
which
is
included
in
the
land-‐use
plan.
They
feel
the
apartment
building
will
be
too
high
and
will
cast
a
huge
shadow
over
their
gardens.
What
is
most
effective
for
the
neighbours
to
do:
(a)
lodge
appeal
against
the
land-‐use
plan
with
the
Council
of
State,
or
(b)
lodge
appeal
against
the
environmental
permit
to
build
(for
this
specific
building)
with
the
court?
Please
explain.
(15
p.)
Answer:
most
effective
is
to
lodge
appeal
against
the
land-‐use
plan
with
the
Council
of
State.
In
this
case,
neighbours
could
argue
that
the
inclusion
of
the
apartment
building
in
the
land-‐use
plan,
is
in
conflict
with
a
‘proper
weigh
of
interests’
by
the
municipal
council
(see
p.
68
text
book
‘Planning
and
Development
Law’).
To
be
more
precise,
they
could
argue
that
the
municipal
council
‘did
not
consider
the
different
interests
carefully’
(text
book
p.
68).
(Read:
the
interest
of
the
neighbours
that
their
gardens
will
catch
sun
has
not
been
taken
into
account
by
the
municipality.)
If
they
are
successful,
the
apartment
building
will
be
removed
from
the
land-‐use
plan.
Appeal
against
the
environmental
permit
to
build
is
an
alternative
which
is
not
as
effective.
Once
the
apartment
building
is
included
in
an
irrevocable
land-‐use
plan,
it
is
difficult
to
stop
it.
An
environmental
permit
will
be
granted,
unless
that
application
(design)
is
in
conflict
with:
land-‐use
plan,
Building
Decree,
criteria
of
external
appearance
(these
are
the
most
important
grounds
to
test
applications
against,
see
text
book
p.
43/44).
Once
the
building
is
in
the
land-‐use
plan,
the
neighbours
can
only
argue
the
building
is
in
conflict
with
the
Building
Decree
(which
will
be
almost
impossible
for
them
to
prove)
and
is
in
conflict
with
external
appearance
(which
will
be
very
difficult
if
there
is
a
positive
advise
from
the
external
appearance
committee).
Please
start
answering
part
ENVIRONMENTAL
LAW
on
a
new
sheet
of
paper
Environmental
Law
Lecturer
Pieter
Jong
Question
12
Four
examples
of
(real
estate)
functions
are:
1. Offices
2. Airport
3. Homes
4. Hospital
Explain
if
each
of
the
four
functions
can
be
qualified
as
a
vulnerable
function
from
an
environmental
law
perspective.
(10
p.)
Answer:
Homes
(dwellings)
and
hospitals
are
vulnerable
functions.
Airport
is
not
a
vulnerable
function
but
is
a
source
of
(noise)
pollution.
Offices
are
not
a
vulnerable
function,
that
is
why
they
are
also
used
as
noise
screen.
See
PDL
regarding
‘vulnerable
functions’:
p.
119,
p.
121
en
p.
125.
Question
13
Imagine:
a
new
highway
is
planned
close
to
the
campus
of
the
university.
It
will
take
about
five
years
yet
to
prepare
the
necessary
plans
and
permits
to
facilitate
this
highway.
There
are
several
technical
ways
to
deal
with
the
extra
noise
generated
by
the
use
of
the
highway
(noise
screens,
noise
insulation
etc.).
With
which
two
legal
measures
could
the
municipality
deal
with
this
noise
problem?
Give
a
short
explanation
about
each
of
these
legal
measures.
(10
p.)
Answer:
-‐
zoning,
see
PDL
par.
7.3
-‐
higher
noise
standard,
see
PDL
p.
120.
Please start answering part ECONOMICS on a new sheet of paper
Part:
Economics
Lecturers
Ilir
Nase
and
Peter
Boelhouwer
Question
14
Objections
of
the
welfare
state
(10
p.):
a) In
his
book
Economics
of
the
welfare
state
Barr
states
that’s
it’s
difficult
to
give
a
clear
description
of
the
welfare
state.
How
would
you
describe
the
welfare
state?
b) The
welfare
state
can
be
categorized
in
five
different
types.
Which
five
types
could
be
described?
c) Please
give
for
each
category
a
short
description
how
the
housing
market
would
operate
and
pay
intention
to
state
regulation,
stratification,
subsidization
and
housing
allocation.
Answers:
a) The
welfare
state
is
a
mosaic,
with
diversity
both
in
its
source
and
in
the
manner
of
its
delivery.
It
are
the
state’s
activities
in
four
broad
areas:
cash
benefits,
healthcare,
education
and
food,
housing
and
other
welfare
services.
b) Liberal,
corporatist,
social
democratic,
family
based
and
needs
based.
c) Liberal:
less
state
intervention;
low
stratification;
means
tested
subsidies
and
few
production
subsidies;
market
determination
of
allocation
and
regulated
allocation
in
a
small
part
of
the
stock
Corporatist:
state
intervention
by
functional
decentralisation,
incremental
and
problem
solving;
high
stratification
based
on
social
status;
specific
segments
are
subsidized;
certain
groups
are
favoured
in
the
allocation
process.
Social
democratic:
strong
influence
central
state;
low
stratification;
high
subsidies
for
production
and
target
groups;
allocation
on
the
basis
of
need.
Family
based:
few
state
subsidies;
allocation
on
the
basis
of
family
ties
and
high
stratification;
family
orientated
income
transfers;
informal
allocation
rules.
Needs
based:
moderate
state
intervention;
high
stratification,
subsidies
for
low
income
groups
especially
for
home-‐owners;
allocation
on
the
basis
off
need.
Question 15
This
question
relates
to
the
information
given
in
the
figure
and
the
related
tables.
The
figure
shows
a
fictional
system
of
six
cities
labelled
1
through
6,
the
yellow
lines
indicate
administrative
5
1
boundaries
and
the
blue
and
brown
lines
indicate
physical/natural
boundaries
(e.g.
mountain,
water
etc.).
The
6
division
of
the
labour
force
(simplified)
and
resulting
location
quotients
in
these
cities
is
given
in
the
tables
below.
4
2
3
Table1:
Employment
in
the
system
expressed
as
*10,000
persons
City
1
2
3
4
5
6
Total
(sector
labour
Sectors
(simplified
SIC-‐2008
classification)
count
in
the
system)
A
Agriculture,
forestry
and
fishing
3
4
2.5
2.5
3
6
21
B-‐F
Industry,
construction,
energy
4
5
3
4
4
7
27
G-‐I
Trade,
transport,
hotels,
catering
2.5
3
2
1.5
2
6
17
K-‐N
Financial
institution,
business
services,
real
estate
1.5
3.5
4
1.5
1.5
10
22
O-‐U
Government
and
care,
culture,
recreation,
other
services
1
1
2
1
1
7
13
Total (labour count in a city) 12 16.5 13.5 10.5 11.5 36 100
Using
the
techniques/methods
discussed
in
the
lecture
identify
&
explain
the
spatial
specialisation
and
clustering
in
this
system.
Redraw
the
figure
on
your
answer
sheet
and
show
your
thoughts
graphically.
Hint:
1)
You
need
to
calculate
the
empty
cells
yourselves
to
be
able
to
do
a
complete
analysis
of
the
specialisation
patterns
in
the
system-‐only
basic
function
calculator
is
allowed
for
this.
2)
Answers
without
empirical
evidence
support
will
not
be
accepted
(i.e.
you
will
need
to
support
your
answer
with
numbers).
3)
Sometimes
in
one
cluster
you
might
have
more
than
one
city,
sometimes
cities
might
be
distant
or
highly
specialised
to
form
a
cluster
(node)
on
their
own
or
be
even
highly
distinguishable
within
a
cluster.
Answers:
Main
transportation
hub/city
of
the
system
Agriculture,
industry
&
energy
peripheral
area
5
1
Main
(largest)
city
of
the
system
6
4
-‐-‐-‐
2
Heavy
industry
with
agriculture
potential
peripheral
city
3