Frequent IaCL Questions

[1] What does "Freedom of contract" mean? Please give also a short definition. (2005/07/09)
[2] What do you know about the sphere of application of the Vienna Convention? Please give an
overview. (2005/08/09/10/12)
[3] What is a generic term? (2005/07)
[4] What is the difference between "Express terms" and "Implied terms" in the terms and conditions
of a contract? Please give also short definitions. (2005/07/09)
[5] Which trademark symbols do you know? Please give the symbols and also short explanations.
(2005/07)
[6] Which remedies for the buyer do you know in case of a breach of contract by the seller according
to the Vienna convention? Please provide short definitions. (2007/10)
[7] What’s the specific meaning of Service Level Agreement (SLA), why are they of major
importance? (2008/12)
[8] What are Incoterms? What does the abbreviation “EXW” & “FOB Stuttgart” mean? (2008/09)
[9] Law gives copyright holder a comprehensive position. Please describe in detail its exclusive
rights. (2012)
[10] What is a contract of work and labour? What is the main difference to a contract of service and
why are contracts of work and labour not included if the sphere of application of the Vienna
Convention? (2009/10)
[11] Imagine you have just finished your studies and now want to put a good business idea into
practice. What kind of possible companies can you found if your budget is tight? Give also the
advantages and disadvantages of each option (2010)
[12] Black Spider is an American IT-Security company that wants to found a German subsidiary. What
kind of possible companies can Black Spider found in Germany? Give also the advantages and
disadvantages of each option. (2005/12)
[13] On his way home from work Bob is getting thirsty. He buys a bottle of mineral water and wants to
open it. At this moment the bottle explodes and injures Bob seriously. Bob is now thinking about
his claims for damages against the possible defendants. Please give him legal advice and point out
the requirements of the possible claim. (2005/09)
[14] Bob is a software engineer. He has developed a new software product for his company which
controls several technical devices. The company now wants to know the possibilities of legal
protection. (2005)
(1) Please give the requirements for all legal options and decide whether they are feasible and
reasonable.
(2) Does something change if the developed software is a Computer-Management-System?
[15] Bob is a smart guy. In his free time he has developed the new software product “railhail” which
helps him to control his railroad at home. Now he fears competition and wants you to give him
legal advice concerning the possibilities of legal protection. Please give and discuss the
requirements for all his legal options and decide whether they are feasible and reasonable. (2010)
[16] Please interpret the following sections of the Vienna Convention and give especially the meaning,
underlying sense and purpose. (2005/07/10/12)
Article 46
(1) The buyer may require performance by the seller of his obligations unless the buyer has resorted to
a remedy which is inconsistent with this requirement.
(2) If the goods do not conform with the contract, the buyer may require delivery of substitute goods
only if the lack of conformity constitutes a fundamental breach of contract.
(3) If the goods do not conform with the contract, the buyer may require the seller to remedy the lack
of conformity by repair, unless this is unreasonable having regard to all the circumstances.
Article 40
The seller is not entitled to rely on his remedy if the lack of conformity relates to facts of which he
knew or could not have been unaware and which he did not disclose to the buyer.
Article 38
(1) The buyer must examine the goods, or cause them to be examined, within as short a period as is
practicable in the circumstances.
(2) If the contract involves carriage of the goods, examination may be deferred until after the goods
have arrived at their destination.
Article 39
(1) The buyer loses the right to rely on a lack of conformity of the goods if he does not give notice to
the seller specifying the nature of the lack of conformity within a reasonable time after he has
discovered it.
(2) In any event, the buyer loses the right to rely on lack of conformity of the goods if he does not give
the seller notice thereof at the latest within a period of two years from the date on which the goods
were actually handed over to the buyer, unless this time-limit is inconsistent with a contractual
period of guarantee.
Article 58
(1) If the buyer is not bound to pay the price at any other specific time, he must pay it when the seller
places either the goods or documents controlling their disposition at the buyer's disposal in
accordance with the contract and this Convention. The seller may make such payment a condition
for handing over the goods or documents.
(2) If the contract involves carriage of the goods, the seller may dispatch the goods on terms whereby
the goods, or documents controlling their disposition, will not be handed over to the buyer except
against payment of the price.
(3) The buyer is not bound to pay the price until he has had an opportunity to examine the goods,
unless the procedures for delivery or payment agreed upon by the parties are inconsistent with his
having such an opportunity.
Article 31
If the seller is not bound to deliver the goods at any other particular place, his obligation to deliver
consists:
(a) If the contract of sale involves carriage of the goods – in handing the goods over to the first
carrier for transmission to the buyer.
(b) if, in cases not within the preceding subparagraph, the contract related to specific goods, or
unidentified goods to be drawn from a specific stock or to be manufactured or produced, and
at the time of the conclusion of the contract the parties knew that the goods were at, or were to
be manufactured or produced at, a particular place – in placing the goods at the buyer’s
disposal at that place.
(c) in other cases – in placing the goods at the buyer’s disposal at the place where the seller had
his place of business at the time of the conclusion of the contract.
Article 50
If the goods do not confirm with the contract and whether or not the price has already been paid, the
buyer may reduce the price in the same proportion as the value that the goods actually delivered had at
the time of the elivery bears to the value that conforming goods would have had at that time. However,
if the seller remedies any failure to perform his obligations or of the buyer refuses to accept
performance by the seller, the buyer may not reduce the prize.

[17] Bob is currently working a few months abroad in the London branch of Jupiter GmbH. He wants
to purchase a range of TV screens from a Japanese supplier. Bob knows about Vienna convention
from his lectures at university and wants to apply the terms of Vienna convention to the contract.
During the negotiations he agrees on this point with the Japanese counterpart, but this point
doesn’t appear in the written contract. Has Bob achieved his object? Which legal regulation
applies to the contract? Please give short reasons also. Does something change if the contract
contains the clause: “German Civil Law applies to the contract.” (2007/10)
[18] ProTech Inc. is a young and ambitious start-up company in the field of IT-Security with its
headquarters in Los Angeles. One of the key products developed and manufactured by ProTech
Inc. is the anti-virus-wall “Fight Back 2.0”. The company wants to enter a new market with its
anti-virus product so the price has to very competitive and much lower than its competitors’
products. Therefore the company has saved money in the area of research and development.
Bob has finished his studies and has got a job at Jupiter GmbH in Stuttgart. He’s the head of the
IT-Security department of his company. Always aware of his company’s advertising-campaign
“miserliness is marvellous” Bob has decided to purchase the anti-virus software “Fight Back 2.0”
for his company on order to save money. He buys the product from his local dealer. Several
months later his company suffers a virus attack that damages important data files so that the
company has to close for 3 days. The suffered damage is extensive. The company calls in an
expert who detects that the responsible virus has already been known for 2 years.
Bob is now thinking about his company’s claim for damages against the ProTech Inc. and the
other possible defendants. Please give him legal advice and point out the requirements for possible
claims. (2007/10)
[19] Lisa is currently employed at the Louisiana-Pacific Corp. in Oregon, USA. She wants to purchase
a rage of Diesel engines on behalf of her company and clinches a deal with the Mercedes-Benz
AG in Stuttgart. In the written contract a special clause in respect of the date of delivery was
omitted. 3 months after the conclusion of the contract a representative of Mercedes-Benz AG
phones Lisa and informs her that the delivery will last another 2 months. Lisa contradicts right
away and determines an additional period of 4 weeks for delivery. 2 months later the range of
Diesel engines were delivered by the Mercedes-Benz AG. Is the Louisiana-Pacific Corp. obliged
to pay the purchased price? Which Law System is applicable? (2008/12)
[20] Bob is a computer freak and famous hacker. He decides to make money with his talents, founds
accompany with the name “HackAttack” and starts to offer professional network penetration tests.
For this business purposes he has developed several special hacker techniques and little computer
programmes, which he needs to intrude into the systems of his customers to show the security
gaps. Every year he organises for marketing reasons dozens of popular events, which he calls “live
hacking” where the audience can experience live how easy it is to intrude into foreign networks.
Because his business is successful he now fears competition and wants you to give him legal
advice concerning the possibilities of legal protection for his profits and creativity. Please give and
discuss the requirements for all his legal options and decide whether they’re feasible and
reasonable. (2008/12)
[21] After her InfoTech study Lisa starts to work in Stuttgart as a software engineer earning €3000,-
per month. Her employer has purchased a special PC for her with an included software package
(ABC-SOFTWARE) she needs for her programming work for the prize of €1200,- from a supplier
which is based in France. During the first start of the PC the following text appears in a pop-up
window: (2009)
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE
PROGRAM. ABC-SOFTWARE WILL LICENSE THE PROGRAM TO YOU ONLY IF
YOU FIRST ACCEPT THE LINKED TERMS OF THIS AGREEMENT BY MARKING
THE BOX BELOW. BY USIG THE PROGRAM WITHOUT MARKING THE BOX
BELOW YOU NEVERTHELESS AGREE TO THESE TERMS. IF YOU DO NOT
AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE
UNUSED PROGRAM TO THE PARTY (EITHER ABC-SOFTWARE OR ITS
RESELLER) FROM WHOM YOU ACQUIRED IT TO RECEIVE A REFUND OF THE
AMOUNT YOU PAID.
Lisa is confused and a little bit concerned but she continues without ticking the box because she
doesn’t want to observe the linked terms and conditions of the License Agreement which are not
acceptable for her work.
 A few days later she meets a friend from the legal department and asks him for advice. Is Lisa
entitled to use the Program? Is Lisa obliged to meet the linked terms and conditions? Is Lisa
obliged to return the program? What will her friend recommend?
Modification 1: Same situation as in the otiginal case, but after the first start Lisa needs online
support for the program from ABC-SOFTWARE. During her inquiry on the ABC-SOFTWARE
homepage the same pop-up window as above appears again. Lisa again doesn’t tick the box.
What’ll her friend advise now?
Modification 2: Same situation as in the otiginal case, but the program only works if Lisa ticks
the box. Because Lisa is not willing to tick the box she can’t do her work for one month till
another PC is available. What will her friend advise now? Please examine and explain the
requirements regarding all the possible claims of the involved persons.
[22] Imagine you are subdivision manager of the IT Department and you need to buy a new IT-
Security software product from a company which wants to include the following terms and
conditions in the contract of sale. (2008)
Warranty
(1) SUBJECT TO AY STATUTORY WARRANTIES WHICH CAN NOT BE
EXCLUDED, COMPANY MAKES NO WARRANTIES OR CONDITIONS EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION. THE
WARRANTY OF ON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
REGARDING THE PROGRAM OR TECHNICAL SUPPORT, IF ANY.
(2) COMPANY MAKES NO WARRANTY REGARDING THE CAPABILITY OF THE
PROGRAM TO CORRECTLY PROCESS, PROVIDE AND/OR RECEIVE DATE
WITHIN AND BETWEEN THE 20TH AND 21ST CENTURIES.
Please interpret the terms and conditions and give especially the meaning underlying sense and
purpose. What is the difference between warranty and guarantee? Explain the main difference
between Para.1 and Para. 2 in respect of the warranty. Would you buy the software under those
conditions?