Hi

Now you can find a sample exam on the Course Homepage.

Merry Christmas and Happy New Year

/Krister

54 Responses to “Mälardalen University Introduction to Commercial Law”

  1. Hi Krister,

    Thank you for uploading the exam samples. Are we going to do both multiple choices exam and written one just as the samples are on the homepage or just multiple choices?

    Best regards and Happy holidays

  2. Thank you Krister,

    Merry Christmas and have a Happy holiday!

  3. Hi Krister,

    I have a questions regarding the Group assignment, we did. You mentioned that we would get feeback on the Assignment and also would be graded. My questions is then: Where can we see this information?

  4. Hi Krister,
    I have a question regarding the exam. I read the sample exam and wanted to know if we are required to give just the exact answer as it is done in sample exam or do we have to write a detailed answer? Because when I see that the question carries 12 points, I assume that I have to write 2, 3 pages and ellaborate as much as possible to get the points. Will it be fine if my answers look the same as those in sample exam?
    Regards.

  5. and Happy Holidays 🙂

  6. Hi Krister,
    When can we expect to get the feedback for group assignment?

  7. HI Krister,
    Is the Seminar Webinar at 09:15-12 tomorrow?

  8. Hi,
    I have a question just to confirm that In law text compendium page 258, there is a Swedish act on copyright in literary and artistic works, we do not need to go through it since it is a Swedish act,

    regards,

  9. Hi Krister,
    Kindly help me with this, is this information regarding CISG correct?
    1- if the contract is between two nordic countries, CISG does nto apply because of the promise principle and their national law is similar to CISG.
    2- If the contract is between one contracting state (eg Sweden) and other non-contracting EU state (eg. England), then go to Regulation 44/2001 and see what the contract says about which law (CISG/English law) applies.
    3- If the contract is silent, then Regulation 44/2001 applies and the judgement is enforced on both countries..
    4- if the contract is between one EU member state and other non EU state, then Lugano Convention applies which is signed just by the EU and EFTA.

    best regards,

    • 4- in this case it is better to have arbitration clause so that either of the country could be sued in arbitration court.

    • Hi
      1) The reason why CISG does not apply is that the countries have made an article 94 reservation. And the reason for that is that national law in those countries are so similar so there is no need for using CISG
      2 and 3) First look at contract regarding jurisdiction (were to sue) and regarding what countries law that shall apply. If contract is silent regarding jurisdiction, then go to Regulation 44/2001 to find out were to sue. If Regulation point out English court and the contract says Swedish Law then the English court will apply CISG, since CISG is part of Swedish Law. Regulation 44/2001 regulates jurisdiction and recognition but not what countries law that should apply.
      4) Yes, if the other country is a contracting state in Lugano Convention

      Best regards,
      Krister

  10. can we translate some main words to our own native language on the compendium?

    • Hi

      No, you cannot do that. The exam guards might not know your language and can therefore not judge if it was a translation or an explanation.

      Best regards,
      Krister

  11. Hi Krister,

    You told us about the interpretation of the articles and how we should be careful when reading your questions, for instance, you talked about how you may place a coma(,) in the wrong place which can lead to a total different meaning of the article so i was wondering if the same applies with the spellings as well. For instance in one of the multiple choices in the sample test, in the place CISG, you wrote CISC which i would have assumed as a normal typing error and you meant CISG in normal cases but because you said we should be extra careful with what we are reading when it comes to law i don’t know how careful i should be. Should we look out for such small details and be so extra careful in the exam?

    • Hi
      If you feel it is a typing error, make a cross over the word and write the word with correct spelling next to it. Interpret the sentence according to the correct spelling.

      Best regards,
      Krister

  12. Hi Krister,

    I have a question regarding question 10 of the example exam, because the given information were not enough for me to come to a single conclusion. After reading the given situation I had some more open questions that would have lead to different outcomes:

    1. When has Paul contacted the sales representative.
    2. In which form did he contacted the sales person?
    3. Did the sales representative really confirmed the order? –> does he have time to reject the order?

    Can we get some clearer statements or more detailed scenarios to avoid confusion?

    • Hi
      No, you cannot get clearer statements. It might be different solutions depending on how you interpret the situation.
      Make a logic reasoning and you will get full points.
      Best regards,
      Krister

  13. Hello Krister,

    In the Table of Contents of TEU and TFEU, next to the heading, can we write page number in which that Chapter or Section is, so that it would be faster to find?

  14. Hi krister,

    I have a question about parallel import.
    In a scenario where a swedish company has a national protection in Sweden for a product and sell it outside EU at a lower price, let’s say USA, what can happen? Can the product be bought by a competitor and resold inside EU, for instance in Germany, but not in Sweden right? But how can the product be stopped inside Eu once it is arrived in Germany?

    • if the Swedish company has a national protection and no protection in Europe, and the product is sold to USA, then the product can be sold from USA to Germany but it can not come from Germany to be sold in Sweden.
      If the Swedish company has a European protection, then it can not be sold from USA in any European country.

    • Hi

      If the Swedish Company only has protection in Sweden it can be resold in Germany but not in Sweden. If the Swedish company also are selling, same product in EU then you must identify chipment with batch number or similar identification to be able to stop the products sold with consent to USA, when they come back into EU and are being resold in EU.

      Best regards,
      Krister

  15. Hi Krister,

    I have a question regarding the citations of the relevant articles in the treaties. if i am citing an article regarding a certain subject should i qoute from both the TEU and TFEU? for instance, if i want to cite an article regarding the European Council; should i write both article 15 TEU and articles 235-236 TFEU because they all talk about the European council in different way? or if i miss to cite one of the treaties and stick with one will that cost me points?

    Best Regards

  16. Hi Krister

    I’m sondering about the re-exam. Will there be any re-exam before summer? some of us is going to need to take it if we fail the first time, because of CSN.

  17. Hi Krister,

    which of these two alternatives is right; the court of Justice is assisted by:

    11 advocates-general or 8 advocates-general?

    in your slides and the EU book it says 11 advocates-general but in law text compendium it says, it is assisted by 8. we will be using the compendium for the exam so should we be taking the compendium’s information or the updated information in the EU book and your slides?

    Best regards

  18. Hi Krister,

    I was redoing the exam example and i have a question. About the last question about CISG application, the last sentence you wrote in the answer is that ”BOK AB must give notice of the termination within reasonable time, art 43 CISG.” Nevertheless I can not understand why art. 43. Doesn’t it fall under art.72 paragraph 2?

    • Hi
      You can only use art 72 when it is anticipatory breach, se heading above art 71. In this case the time for delivery was February 9 and buyer call seller on February 10 and then you must use art 43.
      See also §6.11 in CISG book.

      Best regards,
      Krister

      • Hi,

        I cannot understand.
        Art. 43 just says that the buyer looses the right to rely on provision of artt. 41 and 42 if he does not give notice to the sellerin a reasonable time. But then art. 41 and 42 are about the deliveryof good free of any rights or claim of a third party (expecially if the right is based on industrial property or intellectual property).

        Nothing is said about the notice of the termination.

        Best regards

  19. Hi,
    i have problems to find the bi-language dictionary (Italian-English), there is not in the library. is it possible to use a mono-language English dictionary?

    best regards

  20. Just wondering if CISG is applicable where the buyer provides all the raw materials?

  21. Hi Krister!

    I was wondering if you could put the right announce the rights asnwers of the exam so we can compare!
    Best regards!

  22. Hi,
    how many time to receive the grades? and is it possible to know also the total score?

    best regards,

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