Sist oppdatert 09. oktober 2008 av TEG
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UiB : Juridisk Fakultet : eksamen : valgemner
Exam I
Instructions: This is a three hours open book exam on a pass/ fail basis in English. Only the course materials: Erich Schanze (ed.) “Complex Business Contracts” 2007 may be used in the exam. Course notes and printed course slides are excluded. You will pass if you have answered 85% of all questions in a satisfactory way. Each question contains information on its weight (and related maximum grading points on a hundred point scale) which you should also use for time allocation. It makes sense answering all five questions because that may add to your overall grading point account. Please write legibly and leave a one-third margin for grading.
| Question 1 (20%): |
Please explain the concept of incentive compatible contracts, especially in respect of drafting business agreements. |
| Question 2 (20%): | Why does a statutory provision requiring mandatory renegotiation in the case of hardship create problems in the business context? Isn’t it a matter of fairness to provide a renegotiation option for cases of unforeseen circumstances? |
| Question 3 (30%): | Please describe advantages and disadvantages of joint ventures between the state and an investor/ a group of investors for large resource based projects. |
| Question 4 (20%): | Please explain the concept of “conflict screening”, especially its properties, its relation to standard conflict resolution, its advantages, and its limits. |
| Question 5 (10%): | “Selecting a franchise scheme is an alternative to raising capital on capital markets”. Please discuss! |
Exam II
Instructions: This is a three hours open book exam on a pass/ fail basis in English. Only the course materials: Erich Schanze (ed.) “Complex Business Contracts” 2007 may be used in the exam. Course notes and printed course slides are excluded. You will pass if you have answered 85% of all questions in a satisfactory way. Each question contains information on its weight (and related maximum grading points on a hundred point scale) which you should also use for time allocation. It makes sense answering all five questions because that may add to your overall grading point account. Please write legibly and leave a one-third margin for grading.
| Question 1 (20%): |
Please explain the concept of conflict screening in business agreements. |
| Question 2 (20%): | Isn’t it a matter of fairness to provide a statutory right for renegotiation in cases of unforeseen circumstances and hardship? |
| Question 3 (30%): | China has used joint ventures between the state and investors for building up an important national automobile industry. Please describe the structure of this development strategy and alternatives. |
| Question 4 (10%): | Please name the phases of the process of drafting business agreements. |
| Question 5 (20%): | “Selecting a franchise scheme is an alternative to raising capital on capital markets”. Please discuss! |
Autumn 2007
Instructions: This is a three hours open book exam on a pass/ fail basis in English. Only the course materials: Erich Schanze (ed.) “Complex Business Contracts” 2007 may be used in the exam. Course notes and printed course slides are excluded. You will pass if you answer 85% of all questions in a satisfactory way. Each question contains information on its weight (and related maximum grading points on a hundred point scale) which you should also use for your time allocation. It is sensible to answer all four questions because that may add to your overall account. Please write legibly, and leave a one-third margin for grading.
Question 1 (20%)
What is franchising in contrast to “normal” work contracts and corporate organisation?
Question 2 (30%)
Please explain the concept of regulation by consensus. Under what circumstances is it superior to law making for regulatory purposes?
Question 3 (30%)
Please describe features of conflict resolution in complex business contracts in contrast to the “normal” setting!
Question 4 (20%)
What do you think of the following legislation in a national contract law:
Ҥ 242
(1) If the performance of a contract becomes excessively onerous because of a change of circumstances the parties are obliged to enter into negotiations with a view of adapting the contract, or terminating it.
(2) If the parties fail to reach agreement within a reasonable period, the court may terminate the contract at a specified date, or adapt it with a view to an equitable balance of the interests of the parties.”
Does this provision promote business contracting? What is the role of law in this context?
Exam
Instructions: This is a three hours open book exam on a pass/ fail basis in English. Only the course materials: Erich Schanze (ed.) “Complex Business Contracts” 2007 may be used in the exam. Course notes and printed course slides are excluded. You will pass if you answer 85% of all questions in a satisfactory way. Each question contains information on its weight (and related maximum grading points on a hundred point scale) which you should also use for time allocation. It is sensible to answer all five questions because that may add to your overall account. Please write legibly and leave a one-third margin for grading.
Question 1 (10%)
Please discuss the following statement:
“Consumers should be protected by legislation and the courts because they are the ‘weaker’ of the contracting parties.”
Ouestion 2 (10%)
In his paper Professor John Langbein argues that the deficiencies of US civil procedure lead to lengthy contracts. What do you think of this argument?
Ouestion 3 (30%)
Geologists have spotted to their great surprise a major oil field on the territory of the island State of Atlantica which is known only for its farm and fish production. The foreign oil firm NHSO is interested but by the same time scared by the local green party which might win the next election if a quickly proposed deal between the State and NHSO would go ahead. The Minister of Economics and Justice, member of the ruling Atlantica farmer’s and fishermen’s party, asks you for advice how the government could formulate a legal policy which would safeguard investor interests and also show ecological and fiscal concern. She is particularly interested whether the State should regulate the matter in a contract or in a statute.
Question 4 (25%)
Please explain the concept of “conflict screening”, especially its properties, its relation to standard conflict resolution, its advantages, and its limits.
Question 5 (25%)
The Progressive People’s Party advances a legislative proposal for introducing a new rule in your civil code, reading:
Ҥ 1234:
(1) If the performance of a contract becomes excessively onerous because of a change of circumstances the parties are obliged to enter into negotiations with a view of adapting the contract, or terminating it.
(2) If the parties fail to reach agreement within a reasonable period, the court may terminate the contract at a specified date, or adapt it with a view to an equitable balance of the interests of the parties.”
Please discuss.
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Sist oppdatert 09. oktober 2008 av TEG Kommentarer til denne siden. |