Study programme BSc

Semester 6th semester

Course International Business Law

Examination period Summer 2023 (reexamination)

Type of examination 3-hour written examination

Date 9 August 2023

Time 09:00-12:00

Examination aids allowed All

Weighting (optional)
The weighting shown is recommended, and the
purpose of the weighting is only to show how the
examinees may plan the examination time.

Number of pages 3
Including front page and enclosures
 BSc 6th semester International Business Law August 2023

Case

You are working in the legal department of a company producing and selling kitchen machines to
wholesalers, who in turn sell them in shops for use in private homes. The headquarters and the
production are placed in Denmark. Its market is primarily other EU Member States.

Karen Armstrong in Denmark buys a coffee pot from a retail shop in Copenhagen. Three days after
she bought it, the coffee pot suddenly cracks, and Karen’s 7-year-old son is son's face is scoulded by hot
water. Unfortunately, the nearly boiling water causes damage to the son’s left eye, and Karen has to
stay at home for 10 days to take care of him.

When Karen returns to the shop to claim damages for the coffee pot, the 10 days she had to stay at
home and her son’s eye injury, she is asked to write to the manufacturer instead, because all the
shop had done was to sell it. It had not been a part of the production or the marketing of the coffee
pots. Now the complaint has landed on your table.

1. Who is responsible for paying damages, and are the claims relevant in this case?

2. Is it possible to cancel the contract concerning the coffee maker?

Your company is considering moving its production to another EU Member State where the
production costs are lower. Most of the procedures associated with starting up in another EU
country are familiar to you, but you still have to investigate a little on some specific issues:

3. What do you have to consider concerning the protection of your brand?

4. Are there any legal questions you must consider in relation to the content in your sales
conditions as regards choice of venue and choice of law in the company’s relationship with its
wholesalers?

5. Should an accident like the one with the cracking coffee pot happen again, are your obligations
in terms of your responsibility towards the consumer the same in other EU Member States?

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 BSc 6th semester International Business Law August 2023

In the administration, three junior consultants are having fun pushing each other around. Suddenly,
one of them stumbles and drags down a computer. The head of the department kindly asks him to
pay for a new computer. He refuses.

6. What is the correct legal way of solving the problem?

In your standard contract with the wholesalers, you have a standard payment term stating that the
buyer has 30 days of credit. One day, one of your Danish buyers cannot pay. You consider sending a
representative to his company to try to collect the household machines if they have not already been
sold.

7. What are the legal possibilities of collecting the machines?

8. In case it is not possible to collect the machines/or all the machines, what are then the
possibilities of collecting the debt?

9. Suggest how your company in the future can prevent ending up in a situation where it risks
suffering a loss if a buyer cannot pay.

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