You are on page 1of 8

TUTORIALS FOR TOPIC 1

I- Criminal or Civil
1)Armed team broke in to the bank;
2) A works for a confectionery company and the company failed to pay him salary
for 2 months;
3) A have his house for foreigners rent;
4) A killed B for money;
5) While driving the car beyond speed limits, A crashed into B and made him
injured;
6) A married couple wanted to divorce
7) Seller fails to deliver goods on time to buyer
8) A customer got poisoned after having lunch in a restaurant;
9) Disagreeing with each other on how to share the house left by a father, the two
brothers fought each other until death;
10) Being much impressed by huge profit, A involved in trafficking heroine;
11) A involved in trafficking newly born babies abroad;
12) A company makes his drinking products having labels easy to confused with
Lavie
II. Law in federal system
1) A Vietnamese investor wants to do business in Colorado state in US, which law
should he care?
2) A company in Texas entered into the contract with a company in Delaware, which
law shall govern the contract?
3) A moving house company in Texas agreed to move house for B. The company
damaged B’s furniture whose damage is at 1000USD. According to Texas law, the
maximum damages for the case is 200 USD. The federal law set no limitation for
the damages. How much is the company likely to pay B?

192
II- Interpretation of legislation
1) When Gilly was visiting a friend in prison, ha was caught attempting to pass the
friend a wig and a jacket. Gilly also had a pair of nail scissors in his pocket. He was
charged under a section of the Prison Detention Act that states “ a person must not
taken into a prison any knife, dagger, firearm, club or other thing whatsoever”.
Explain if he is likely to be found guilty.
2) Education Act states an offence to bring heroin, cannabis, cocaine or any other
drug onto a campus” with the purpose to prevent reports of drug trafficking on campus.
a- Winnie is caught as she is licking white aspirin powder. According to
dictionary, aspirin is a drug
b- Doc is caught with one ecstasy tablet which he says must have stuck in his
pocket
c- Cisco is caught with his methadone dose legally prescribed for him

193
TUTORIALS FOR TOPIC 2

1) K pledged his bike at B’ shop on the understanding that if K could not pay back the
money which K had borrowed from B, the bike would belong to B. Such agreement is
valid or not?

2) M rent a bike from company A. A required M to leave M’s identity card to ensure that
M should return the bike. Is it a security collateral?

3) A and B guaranteed for T to borrow 100 mil. VND from Bank C. When T could not
pay back the money, who could the Bank C require to pay? A or B?

4) 1st October A firm in Hanoi offered by letter to sell 1000 boxes of tinplates to B firm
in HoChiMinh

8th October A firm posted letter revoking their offer

10th October B firm received the letter of offer

11th October A firm telegraphed acceptance of the offer

15th October B firm posted a letter confirming its telegraphed acceptance

20th October B firm received letter of revocation from A firm

Did the acceptance occur?

5) A : I'd like to sell my 1992 Ford Falcon. Are you interested?

X : I'll give you $18000 for it

A: That's not enough. I want $ 20 000

X : The highest I can go is $ 19000

A : That's Okay. When can you provide me with a bank cheque for that amount?
Is there a contract?

194
6) On Friday 27th Nov. Buyer sends a telex to Seller offering to buy 1,000 tonnes of sugar
at the current market price. The telex is received in Seller’s offices after a short delay at 5
pm. Since the telex operator has gone home for the weekend, Seller posts a letter in the
last post on Friday, accepting the offer. This reaches Buyer at 2.30 pm on Monday 30 th
Nov. Meanwhile, at 9.30 am on 30th Nov. Buyer sends a further telex to Seller
withdrawing his offer. This reaches Seller and is read by him immediately at 9.45 am on
30th Nov. Seller now seeks your advice. Advise Seller.

7) On 1 November A, an accountant, receives through the post at his office a large


volume entitled Tax Made Easy. Accompanying the volume is a note from the publishers,
M, stating that the volume will greatly assist A in his work and that if he does not reply
within seven days M will assume that he wishes to purchase the volume and they will
expect to receive a remittance.

A does not wish to purchase the book but forgets to reply to M. At the end of the month
he receives an invoice from the publishers.

Is A obliged to pay for the book?

8) Allan wrote a letter to Bob asking, “Will you sell me your Rolls-Royce? Please reply
indicating your lowest prices” Bob relied in a short note “Lowest price for my Rolls $24
mil.” Allan immediately replied, “I agree to buy your Rolls for $24 mil.” Do you think
Bob should be obliged to sell his Rolls to Allan? Would it make a difference to you if
Bob’s letter had read “I am prepared to sell you my Rolls for $24 mil.” ?

9) Jeepney Vehicle Sales agreed to supply Interior Safaris with four all-terrain vehicles
by 30 June for use on a fully booked tour commencing on 15 July. The vehicles did not
arrive until 14 July and were not fitted out until 20 July. The delay caused Interior Safaris
to lose three clients at $4000 each and to pay $1500 in overtime to prepare the vehicle for
the journey in six days rather than 15. What remedy does Interior have against Jeepney?

195
TUTORIALS FOR TOPIC 3
I. Choose the most correct answer

1. International law is the body of rules and norms that regulates activities carried on
outside the legal boundaries of nations.

2. International law regulates relationships between:


a. states and states.
b. states and persons.
c. persons and persons.
d. All of the above.
e. Both a. and b. above.

3. Which of the following is an example/are examples of the subject matter of public


international law?
a. Contracts and sales.
b. Securities regulations.
c. State succession.
d. All of the above.
e. None of the above.

4. Which of the following is an example/are examples of the subject matter of private


international law?
a. Antitrust.
b. Nationality.
c. State responsibility to aliens.
d. All of the above.
e. Both a. and b. above.

5. Law is:
a. a rule established by authority, society, or custom.
b. a body or system of rules.

196
c. the control or authority imposed by a system of rules.
d. All of the above.
e. None of the above.

6. Treaties and conventions have binding effect because:


a. one country fears that if it does not respect its promises, other countries will not
respect their promises.
b. states that fail to observe them may be fined or otherwise punished by the
International Court of Justice.
c. states that fail to observe them will lose their membership in the United Nations.
d. All of the above.

7. Which of the following states is not required to observe a particular rule of


customary international law?
a. A persistent objector.
b. A state that has recently acquired its independence following the division of its
predecessor state.
c. A superpower.
d. All of the above.

8. Recognition of a government is usually made in a bilateral agreement.

a. True b. False

9. When State A and State B merge to form State C, State C and the other state parties
to a treaty made by State A can agree either to terminate the treaty or extend it to the
whole territory of the new state.

a. True b. False

10. When State A and State B merge to form State C, State C will no longer be bound by
a treaty made by State A if its object and purpose can no longer be accomplished.

a. True b. False

197
11. When a part of the territory of State X shifts and becomes part of the territory of
State Y, the treaties made by State X continue to apply to that territory.

a. True b. False

12. Nationals of a territory that is acquired by a successor state will keep the nationality
of the predecessor state unless a different result is agreed to in a treaty of cession or
by municipal legislation.

a. True b. False

13. State Q disintegrates into State R and State S. State R and State S are both
responsible for State Q’s national debt.

a. True b. False

14. Which of the following is NOT a characteristic common to intergovernmental


organizations?
a. They are created by two or more states.
b. They are meant to pursue interests common to their creators.
c. They function autonomously as independent international persons.
d. They operate through branches and subsidiaries around the world.
e. None of the above is a correct answer.

15. The name “common law” (as it is used in England) is derived from the theory that
the king’s courts represented the common custom of the realm, as opposed to the
local customary law practiced in the county and manorial courts.

a. True b. False

198
II. Problems

1. After a civil war in State A, approximately half of the territory breaks away and
forms State B.

(a) Before the war, State A had lent money to Cee Company. State B now claims that
it is entitled to half of that money.

(b) Before the war, State A had granted a mining concession to Dee Company for a
50-year period on land that is now within the territory of State B. That concession still
has 20 years to run. State B claims that it is no longer valid.

(c) Before the war, State X had concluded a treaty with State A in which State X
granted State A “most favored nation” trade status. State B now claims that it is entitled
to the same treatment.

Is State B correct in each of its contentions? Explain.

2. Mr. Alpha is a national of the Banana Republic. Until the last revolution, he was
living in very comfortable circumstances on a large plantation employing thousands of
peasants at starvation wages. Following the revolution, the new revolutionary
government seized his plantation and he fled the country to avoid arrest. He is now an
exile in a large northern First World state and he has brought suit in one of that state’s
courts against the Bank of the Banana Republic, which now has title to his plantation, to
obtain compensation for the property taken from him. The First World State has a statute
identical to the US Aliens Tort Claim Act that allows courts to assume jurisdiction in
disputes between individuals and foreign states when a violation of an international tort
has been alleged. You are the judge hearing the case and you are to write an opinion
describing the basis for your decision.

199

You might also like