Explain the importance of comity in private international law
Exam instructions: The exam is designed for a 3 hours period. You have 27 hours in which you can write the exam. You can obviously spend more than 3 hours on the exam; however, this is not recommended.
You need to submit the exam as a Word document, ie typed.
You are free to make use of all available resources (eg course materials and power points), including doing some additional research. However, you must reference the materials you use. However, you do not need to reference your dictionary use.
Word limit: You need to comply with the stated word limit. A 10 per cent grace limit applies (ie you can exceed the word limit by 10 per cent without incurring a penalty). The word limit excludes footnotes. However, footnotes are only to be used to reference materials. Footnotes are not allowed to contain additional arguments! Non-law students should use the referencing style they are used to. However, should you use in- text referencing you need to provide the word count for those references.
You need to reference any legal tests or theories you discuss. You can use any style guide you are familiar/comfortable with. However, you need to be consistent. Below find examples you can use should you are not familiar with a style guide. Not appropriately referencing your work can result in a reduction of marks (up to 5 per cent).
A legal theory or legal principle has to be evidenced in a legal opinion.1 Theory and principle have to be distinguished from facts and one’s own discussion regarding the question asked. Facts only have to be referenced if they are emphasised.2 One needs to be careful if a statement/sentence contains fact and legal principle.3
The word count needs to be stated on the exam.
Handing- in instructions: You need to email your take home exam as a Word file by 12noon on Tuesday, 16 November 2021
Penalties: If you hand your exam late, ie after 12noon, 0,5 per cent point will be deducted per minute from your final mark (eg 90 per cent will be reduced to 89,5 per cent). If you hand in your exam more than one hour late the exam is deemed not handed in and you will have to take the re-sit exam in June 2022.
Please note: computer problems are not an excuse for late submission.
Answer the following short answer questions 50%
1. Explain the importance of comity in private international law (maximum 200 words) 15%
2. Explain why bill of ladings are commonly used when goods have to be transported by sea. (maximum 200 words) 15%
3. Explain the major differences between common, civil, and Islamic legal regimes. (maximum 300 words). 20%Contractual Advice (1250 words) 50%
El Mercurial (EL) is a Spanish manufacturer of indoor and outdoor thermometers. EL is a medium sized company. It does sell its thermometers globally. It has a small logistics department but no distributors or bank accounts outside Spain.
On 10 November 2021 Alberto Perales Cairns, El Mercurial’s purchasing agent, approaches The Glass Hut (GH), a New Zealand manufacturer of precision glass tubing.4 EL would like to order 5,000 1-foot lengths of glass tubing. Given their financial situation EL can only afford a purchase price to a maximum of Euro 5 per foot. EL also needs to the glass tubing to be delivered to their plant in Pamplona not later than 1 May 2022.
The next day (11 November 2021) Greg Smith, GH’s procurement manager, contacts Alberto Perales Cairns by email
Dear Alberto (if I may),
Thank you for your email and the opportunity to provide glass tubing for El Mercurial. I can confirm that we will be able to provide the requested quantity of 1- foot glass tubing by 1 May 2022. The purchase price will depend on to some degree whether you will take over some or all of the transport costs and other costs associated with the delivery of the glass tubes from New Zealand to Spain.
find more information and our terms and conditions at httpwww.theglasshut.co.nz
Alberto approaches the law firm Hernández & Lopez for some advice regarding the negotiation of the contract between EL and GH. You are an associate at Hernández & Lopez and are asked to prepare a memorandum outlining all the issues Alberto (ie EL) should be aware of when negotiating the contract with GH.
Exam+2021
APA
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