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Understanding Contract Law Basics

This document provides information about contract law and dispute resolution in Vietnam. It includes multiple choice questions about key aspects of contracts, such as the definition of a contract, capacity to enter contracts, formation of contracts, performance and breach. It also covers commercial arbitration and litigation procedures for resolving disputes, including jurisdiction, grounds for appeal and cassation.

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Duong Trinh
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201 views5 pages

Understanding Contract Law Basics

This document provides information about contract law and dispute resolution in Vietnam. It includes multiple choice questions about key aspects of contracts, such as the definition of a contract, capacity to enter contracts, formation of contracts, performance and breach. It also covers commercial arbitration and litigation procedures for resolving disputes, including jurisdiction, grounds for appeal and cassation.

Uploaded by

Duong Trinh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

CONTRACT LAW

1. A contract is a/an ______ between parties to establish, change or terminate civil rights and/or
obligations.
A. covenant
B. convention
C. commitment
D. agreement

2. Who DOES NOT have the civil act capacity to enter into contracts in the following?
A. A 20-year-old university student buys a book from Tiki
B. A 15-year-old girl sells her car that she inherited from her father
C. A women addicted to alcohol buys a bottle of wine
D. A 10-year-old boy buys a meal

3. Which of the following statements is right about agreements in business contracts?


A. Parties have the right to decide the contents of agreement of their contracts
B. The contracts have to include agreements on violation
C. The contracts have to include agreements on arbitration
D. All of the answers above

4. How is a contract made?


A. Verbally
B. In written forms
C. By specific acts
D. All of the answers above

5. Where will a contract be performed?


A. The place agreed by the parties
B. The place of residence of the individual who is the offeror
C. The head office of the legal person which is the offeror
D. All of the answers above

6. When will a party have the right to terminate a contract without paying compensation?
A. When the party terminate the contract unilaterally
B. When it becomes aggrieved party due to a breach of contract of the other party
C. Both A&B
D. None of A&B
7. According to Commercial Law 2005, the level of fines for breach of contract is agreed by the
parties but can not exceed ____ of the value of the breached obligation unless otherwise
provided by law.
A. 5%
B. 7%
C. 8%
D. 10%

8. Which statement is TRUE about auxiliary contracts in the following statements below?
A. Contracts will be completely invalid if one part of contract is invalid and does not affect the
validity of the remaining parts
B. The invalidity of principle contracts will terminate the auxiliary contracts when the auxiliary
replaces the principle contracts and contracts to secure performance of contracts
C. Auxiliary contracts are still valid when principle contracts become invalid
D. The invalidity of auxiliary contracts will not terminate the principle contracts except
when the auxiliary contracts constitute inseparable parts of the principle contracts

The following information is provided to answer question 9-11.

On February 4, 2019, Sheldon LLC. sent an offer to sell a number of computer products and
mobile phones to Penny&Leonard Partnership. In the offer, clearly stating the time Sheldon
LLC. commits to the partner on the offer conditions is 20 days from the date of receiving the
offer. Upon receiving the offer, on February 10, 2019, Penny&Leonard Partnership sends an
application to Sheldon LLC. on accepting most of the offer conditions that Sheldon LLC. has
given earlier, but Penny&Leonard Partnership wants to increase to quantity to 30% more
products.

9. Did Penny&Leonard Partnership accept the offer from Sheldon LLC.?


A. Yes
B. No

10. Suppose Penny&Leonard Partnership needs more time to discuss the offer and finally
decides to accept the offer on February 28, 2019. Is the acceptance valid?
A. Yes
B. No

11. Suppose Sheldon LLC. finds out they ran out of stock and can not meet the requirements of
their initial offer. Therefore, they sent a notice of offer cancellation to Penny&Leonard
Partnership on February 8, 2019. Is the cancellation valid?
A. Yes
B. No

The following information is provided to answer question 12-15.

In September 2019, Missy LLC. signed a contract to buy a building from AveHomes JSC. for 3
billion VND, in which stated that Missy LLC. would receive the building on 15 April, 2020.
They also stated in the contract that AveHomes would be fined 5% of contract value if delaying
in handing-over the building. However, due to the pandemic of COVID-19, AveHomes JSC.
could not finish its building on time; therefore, they handed over Missy LLC. the building on 29
April, 2020.

12. Do AveHomes JSC. have to pay fine for delaying its performance?
A. Yes
B. No

13. Can Missy LLC. refuse to receive the building and ask for compensation?
A. Yes
B. No

14. Because of the delay in hand-over, Missy LLC. had to temporarily rent another building for
100 million VND to operate its business. Do AveHomes JSC. have to pay this amount to Missy
LLC. as compensation?
A. Yes
B. No

15. What is the total amount of money AveHomes JSC. has to pay to Missy LLC.?
A. 3.1 billion VND
B. 3 billion VND
C. 150 million VND
D. 250 million VND

DISPUTE

1. Which of the following disputes below is a commercial dispute?


A. A dispute regarding commercial contracts between Lilly JSC. and Robin LLC.
B. A dispute regarding copyrights of a book between two writers
C. Disputes between Howard & Raj Partnership and their members
D. All of the answers above

2. How many ways are there to settle a dispute?


A. 3
B. 4
C. 5
D. 6

3. Which of the following options below is NOT a way to settle a dispute?


A. Negotiation
B. Mediation
C. Compensation
D. Arbitration

4. Which of the following characteristics below is identical between arbitration and litigation?
A. They are both legal abiding
B. They are both conducted publicly
C. Their awards are final
D. All of the answers above

5. If parties can not agree, the number of arbitrators must be ___.


A. 1
B. 2
C. 3
D. 4

6. Which of the following options below is NOT a valid arbitration agreement?


A. A written agreement after the arise of the dispute
B. A conversation via email
C. A clause in the contract
D. A video chat via Skype

7. When can a submitted petition be withdrawn, modified or supplemented?


A. Before the arbitration tribunal make an award
B. Before the final arbitration hearing finishes
C. A submitted petition can not be withdrawn, modified or supplemented
D. Both A&B

8. Hung Dung JSC., headquartered in Ba Dinh district, Hanoi, signs a contract to buy and sell
machine shipment of An Dinh JSC., headquartered in Hoan Kiem district, Hanoi. Due to a
disagreement on the quality of the vehicle upon delivery, company M has filed a lawsuit to the
court to resolve. Ask which court has jurisdiction to resolve disputes?
A. Ba Dinh District People’s Court
B. Ha Noi People’s Court
C. Hoan Kiem District People’s Court
D. All of the answers above

9. What is the disadvantage of commercial arbitration?


A. Discover evidence
B. Confidential process
C. No enforcement body
D. Awards are final

10. When can you appeal against the first-instance court’s judgement in normal procedures from
the date of judgement pronouncement?
A. 7 days
B. 10 days
C. 12 days
D. 15 days

11. In which cases can a cassation be requested?


A. Serious violations are committed in legal proceedings
B. Conclusion in the judgement are incompatible with the objective details of the cases
C. Serious mistakes are made in the application of laws
D. All of the answers above

12. A dispute Puzzle-Aid private enterprise & Hoa Binh JCS had an appellate judgement that
was already coming into effect for 4 months. Puzzle-Aid private enterprise then found an
important document proving that it is not at fault in breach of a commercial contract with Hoa
Binh JCS. What can Puzzle-Aid private enterprise do in this situation?
A. Nothing
B. Request for reopening
C. Request for cassation
D. Both B&C

13. What happens if the plaintiff and their representatives have already been absent twice in
first-instance sessions?
A. The first-instance sessions will proceed normally
B. The first-instance adjudicative tribunal can terminate the proceedings to resolve the case
C. The first-instance sessions will be postponed
D. It depends on the case

Common questions

Powered by AI

The appropriate jurisdiction is crucial for legal clarity and efficient dispute resolution. In disputes like the one between Hung Dung JSC. and An Dinh JSC., selecting a court with geographical and jurisdictional relevance ensures the dispute is handled in accordance with applicable laws .

Including specific agreements on arbitration and violations helps parties clearly outline the mechanisms for dispute resolution and consequences of non-compliance, ensuring mutual understanding and reducing ambiguities .

Commercial arbitration lacks an enforcement body because decisions must be enforced through national courts, which may refuse enforcement if there are jurisdiction issues or procedural errors, highlighting limitations in enforceability of arbitral awards .

A person must be able to understand and manage their own rights and obligations. Typically, individuals under the legal age, such as a 10-year-old boy buying a meal, do not have the civil act capacity to enter into contracts .

A petition can be withdrawn, modified, or supplemented before the arbitration tribunal makes an award or before the final arbitration hearing finishes .

Penny&Leonard Partnership did not fully accept Sheldon LLC.’s offer by attempting to increase the quantity by 30%, which constitutes a counteroffer rather than an acceptance .

An appeal against a first-instance court's judgment in normal procedures can be made within 15 days from the date of judgment pronouncement .

The invalidity of auxiliary contracts does not terminate principle contracts unless the auxiliary contracts are inseparable parts of the principle contracts, which would impact their validity .

AveHomes JSC. does not have to pay a fine for the delay because the COVID-19 pandemic can be considered a force majeure event, which exempts them from penalties typically associated with such breaches .

A contract can be terminated without compensation when the party becomes an aggrieved party due to a breach of contract by the other party, fulfilling the conditions under which termination without compensation is viable .

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