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Downloaded by Ph?m Ti?n ??t (dattienpham240707@gmail.com) lOMoARcPSD|32245462 FOREIGN TRADE UNIVERSITY EXAMINATION LAW FACULTY PLUE111(20192).2 IBL Department
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Period 2 Semester 2 Year : 2020 – 2021 Full-time VJCC Number: 01
Day: 28/07/2021 Time: 15h00 -16h10 70 minutes Invigilator 1 Invigilator 2 Marker 1 Marker2 I.
For each statement, answer True or False. If it’s false, explain why. (7 marks)
1. International law governs the activities of governments in relation to other governments.
False because international law is the body of rules that regulates activities carried on outside the legal boundaries of
the states. Only Public International governs the activities of governments in relation to other governments.
2. The FTU’s Canteen is legal person
False because the canteen is property belongs to the FTU, its participation in legal relations is under the name of FTU
and it has to have FTU’s approval.
3. The fact that a boy picked up a mobiphone while he had walked, legal event is transform. True.
4. The house is the asset which not be used to collateral
False because: According to Art317.1, the house is a mortgage of property so it can be used to collateral.
5. Exchange wedding rings is not the legal event which rising the legal marriage relation between the bride and groom. True.
6. Civil legal capacity and civil conduct capacity of legal entities appears in the same time. False because:
+ The civil legal capacity of a natural person commences at birth and terminate at death.
+ The civil conduct capacity commences when he/she reaches a certain age due to law.
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7. The court should not be concerned with whether applying the ordinary meaning will lead to an unfair, ridiculous or
inconsitant result. This statement decribes the rule of statutory interpretation which is known as golden rule.
False because: Golden Rule is where a lteral interpertation will lead to an absurd or ambiguous or inconsistent
meaning, the court may modify the words to give effect to the original intention of parliament. So the court should be concerned about it.
8. Limitation statues is the period which the court imposed to bring the case to the court
False because: According to Art 149.2, Statues of limitation are laws passed by legislative body. The court only has
the right to apply provisions in turn of limitation.
9. The main purpose for awarding damages for the breach of contract is to penalise the party so that they may not commit a similar breach in future.. True.
10. Custom will be prevailed if it conflicts with circular True.
II. Case study (3 marks)
Tran runs a fish supply company. He speaks to Jacinta, a supplier of commercial refrigerators, and tells her that he needs to replace the
refrigerator where he stores his fish supplies: “I want a new one that will run without any problems.” Jacinta recommends a Fujitsu model.
Tran says: “The changeover must go smoothly. I will need to arrange an electrician and plumber to install the new fridge, so I need a firm
date for delivery. And I have restaurants and hotels that I supply each day with fish – if there is any disruption they’ll go elsewhere.” They
then agree that Jacinta will sell a 2,000 litre Fujitsu refrigerator to Tran and deliver it to his shop on the first day of the next month.
An electrician and plumber agree to install the new fridge for $1,250. When the fridge is delivered and installed, Tran moves all his fish
supplies into it, and disposes of his old fridge. Three days later, the new fridge stops working. Tran calls the electrician and plumber back
to check what is wrong and they find that the electronic components of the fridge are faulty. The fridge cannot be repaired. Tran
immediately telephones Jacinta, who says that she will send a replacement fridge the next day.
Tran is worried that his fish supplies will spoil. He orders in $200 worth of ice in an effort to keep the fish cold, but by the next morning
some of the fish have obviously gone bad. Tran has to throw out the whole lot. As a result, he cannot send the required fish to a restaurant
with whom he has an ongoing supply contract for a year. The restaurant owner, furious at being let down, says she will not accept any more
fish supplies from Tran. Such contracts are very hard to get. Jacinta delivers a replacement fridge as promised, and Tran has to get the
plumber and electrician in again to install it at a cost of a further $1,250. It costs him $5,000 to replace his fish supplies.
Tran now wants to bring an action for breach of contract against Jacinta to recover: $2,500 for the payments to the electrician and plumber;
$5,000 for replacing the fish that went bad; $20,000 for the profit he would have made over the rest of the year on the contract which the
restaurant has now terminated; and $1,000 for the anxiety he suffered during the ordeal. In an action for breach of contract, to what extent
is Tran entitled to claim damages for the various losses he has suffered?
1. The expense of having the plumber and electrician come twice to install a fridge ($2,500)
2. The fish that spoiled had to be replaced (cost of $5,000)
3. The cancellation of the contract with the hotel ($20,000 lost profits)
4. Tran has suffered anxiety as a result of the breach ($1000)
5. Tran also purchased ice in an effort to keep his fish supplies fresh ($200)
To be Applied Vietnamese Law what sum can Tran claim in damages?.
Answer: To be Applied Vietnamese Law the sum that Tran can claim in damages are:
1. The fish that spoiled had to be replaced (cost of $5,000)
2. The cancellation of the contract with the hotel ($20,000 lost profits)
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3. Tran has suffered anxiety as a result of the breach ($1000)
4. Tran also purchased ice in an effort to keep his fish supplies fresh ($200) Because: According to
+ Act 351.1: The supplier of commercial refrigerators fails to perform or perform incorrectly an obligation has civil liability to
the obligee (Tran) when the new refrigerators broke down 3 days later.
+ Act 361.1: Damage caused by breach of obligations comprises: physical damage and spititual damage. So Mr. Tran can claim for
+ Act 361.2: The physical damage here are: The fish that spoiled had to be replaced; Tran also purchased ice in an effort to
keep his fish supplies fresh and, the cancellation of the contract with the hotel.
+ Act 361.3: The spiritual damage here are: Tran has suffered anxiety as a result of the breach.
+ Act 360: By the breach of the obligation, the supplier of commercial refrigerators must compensate for the whole damage.
--------------------------------------End of test--------------------------------------
Note: - This paper contains (two) II parts. Students allow to use any material during the examination. Invigilators
will not provide further explanation.
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Document Outline

• Invigilator 1
• Invigilator 2
• Marker 1
• Marker2