SECOND EXAM

1. In England, minerals belong to

a. The surface owner
b. The state
c. The individual person finds them

2. In Italy these activities can be stopped applying the law of nuisance except
a. Industrial plant’s pollution
b. Noises from a music hall
c. The opening of a sex shop

3. Which of the following is an example of a right to use property that does not include the
ownership of that property
a. Adverse possession of personal property
b. Trade secrets
c. Riparian water right

4. Which of the. following operates as an exception to a property owner’s right to exclude

a. Public accommodation laws prohibiting discrimination on the basis of race
b. Growth controls
c. Awarding punitive damages for international trespass

5. Which of the is not of the powers of the owner in the civil law tradition
a. Power to sell
b. Power to create a limited interest in property beyond the numerus clausus principle
c. Power to Create a lease

6. Compliance with a recording system

a. Enables others to determine whether there are any easements burdening the property
b. Precludes any future adverse possession claims
c. Provides public notice about any latent defects in the property

7. In the common law tradition the action of ejectment is a remedy of

a. The owner and the possessor
b. The possessor
c. The owner

8. A servitude is created by parties who believe that

a. It will serve the mutual interest
b. It will benefit a personal interest
c. The beneficiary does not need a compensation for suffering the burden

9. Which article of the ECHR is concerned with protecting an individual’s right to his
 possessions?
a. Art. 11
b. Art.1, Protocol 1
c. Art.3, Protocol 1

10. Which of the following statements is true

a. The doctrine of necessity applies to risks created intentionally
b. The doctrine of necessity applied to risks negligence created
c. The doctrine of necessity applied only to crimes

11. The tort of ‘assault’ is

a. The attempt or offer to beat another person without touching him
b. The intentional land and direct application of force to another person
c. A defamatory statement that was made in permanent and visible form

12. Which one of following is not a characteristic of the doctrine of ‘promissory estoppel’in
English law
a. A clear promise must have been made that the promiser will not enforce his legal rights
against the promise
b. The promise must have acted in reliance on the promise, preferably to its own detriment
c. It can not only prevent the enforcement of an existing right but also create a now right

13. English law requires than an agreement is supported by ‘consideration’. This means
a. That each party to the agreement must have the same individual motive to blind itself
b. That each party to the agreement must pursue the same goal with the contract
c. That each party to the agreement must give, do or promise something in return

14. In Germany fault liability includes liability for：

a. Negligence conduct only
b. Intentional as well as negligent conduct
c. Intentional conduct only

15. In Germany tort law $823 I protects：

a. Only life physical integrity, health, and personal liberty
b. Only property
c. Life, physical integrity, health, and personal liberty as well as property and ‘another right’

16. The legal consequence for lack of a required form in continental systems contract law
a. The contract is not void, but simply unenforceable
b. The contract is considered valid
c. Is to treat the contract as void

17. A market economy as is now prevalent in almost the entire world is based
a. On the premise that people and companies should their own bargains on the basis of a
 state planning about the exchange of goods and services
b. On the premise that people and companies should make their own bargain on the basis of
a voluntary exchange of goods and services
c. On the premise that people and companies should make their own bargains on the basis of
status of contracting parties

18. The BGB states about revocation of an offer that：

a. The offeror cannot revoke his offer and the rules on offer and acceptance are mandatory
b. The offeror cannot revoke his offer
c. The offeror can always revoke his offer

19. From a theorical point of view ‘subjective interpretation’

a. Gives preference to the meaning that would be given to the words by a reasonable person
b. Gives priority to the declaration and therefore to the external expression of the intention
c. Gives preference to the ‘real’intention of the parties

20. In the Teffaine decision in 1896, the French Cour de cassation read article 1242 （1）in an
innovative light
a. To create a liability regime for rebuttable fault for. Pure economic loss
b. To create a liability regime for rebuttable fault for damage caused by a thing
c. To create a strict liability regime

21. The so-called ‘contra proferentem rule’

a. Entails that an ambiguity in a written contract must be interpreted against the person to whom
the contract is presented
b. Entails that an ambiguity in a written contract must be interpreted against the person who
drafted it
c. Entails that in a written contract evidence extrinsic to the express terms of the contract cannot
be taken into account

22. Civil law countries typically require intervention of a notary in case of

a. A binding contract between non-commercial parties
b. A binding contract between commercial parties
c. A donation

23. In English law the so-called ‘Caparo’test

a. Only applies to novel situation, that is, when no previous decision （precedent）can be
relied on
b. Creates a right in situation where there is no previous decision（precedent）
c. Applies to all situations without any systematic difference

24. According to the “receipt theory”

a. The acceptance takes effect in the moment the message is received by the offeror
b. The acceptance takes effect in the moment the message containing the acceptance is
 written
c. The acceptance takes effect in the moment the offeror reads the message

25. In French and Germany the so called ‘ad hoc gap filling’
a. Means that there are terms implied in law
b. Means that the party agreement is supplement with terms that from the hypothetical will
of the parties in the circumstance of the case
c. Means that the gaps in the contract left by the parties are filled by the default (or
‘facilitative’) rules

26. In England public notaries

a. Attest and authenticates normal document for use within the UK
b. Are qualified lawyers who certify document and transactions for use outside the UK
c. Are typically lay people without legal training, are not allowed to give any legal advice
and their main task is to act as an impartial witness, to record sworn statements and to
certify signatures

27. The so-called ‘knock out’rule

a. Entails that the conditions of the offeror prevail unless they were explicitly rejected in the
acceptance
b. Considers each new reference to general conditions as a counter-offer
c. Entails that general conditions only become part of the contract in so far as they are
common in substance

28. The so called ‘subjective good faith’

a. Sets a standard of conduct that requires each party to take the interests of the other party
into account
b. In a feature only of the English contract law
c. Refers to subjective state of mind of a person who does not know nor has reason to know
of a certain fact

29. In English law the doctrine of ‘promissory estoppel’

a. States that parties can escape from the requirement of consideration by putting their
agreement in a deed
b. Can make a promise binding even if there is no consideration for it
c. Is always available, can be applied in an unlimited number of cases

30. 是关于英国记录员的规范