THE INTERNATIONAL UNIVERSITY (IU)

VIETNAM NATIONAL UNIVERSITY – HCMC

FINAL EXAMINATION
BUSINESS LAW
Date: 15/6/2021
Duration: 90 minutes

Student ID: ......................................Name:................................................

SUBJECT: Business Law

School of Business Lecturer

Full name: Full name: Mai The Kien

GENERAL INSTRUCTION(S)
1. This is an open book examination. Powerpoints, legal texts, and handwritten notes
are allowed to be used during the exam.
2. No talking during the exam
3. No mobile phone and smartwatch are allowed in the exam room
4. No electronic dictionary
5. No quizzes, assignments, and past-exam papers.
6. Please do your MCQ in the answer sheet provided. MCQs which are done in the
exam paper will not be marked!

GOOD LUCK!

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 FINAL EXAMINATION

BUSINESS LAW

Duration: 90 minutes

Answer the following questions in compliance with the Civil code 2015, Civil
procedure code 2015, and law on commercial arbitration 2010.

Part I. Are the following statements true or false? Explain. (30 marks)

1. Contracts are agreements between business entities.

Answer: False

According to article 385 of the civil code 2015,  CONTRACT IS An agreement between
parties to establish, change or terminate civil rights and/or obligations.

Explain:
- Contracts do not have to be about Business, contracts can between 2 individuals (civil
contract).
- Agreements between business entities can be a commercial/business contract.

2. A company’s legal representative can enter into a contract when he is drunk.

Answer: True

According to article 117, clause 1 of the Civil code 2015. Conditions for effective civil
transactions: A civil transaction shall be effective when it satisfies all of the following
conditions:
a) Participants in the transaction have legal personality and/or legal capacity in
conformity with such transaction
b) Participants in the transaction act entirely voluntarily

Explain: Even though the he is drunk, as long as he still have the legal capacity ( from birth
to death), he can still enter a contract.

3. In sale of goods contracts, buyers can postpone their payment obligations if sellers
do not deliver the goods with the agreed quantity.

false BECAUSE arccording to aticle Article 437 of The Civil Code 2015. Liability in
respect of delivery of objects in incorrect quantities:

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 Clause 1: Where a seller delivers objects in a quantity which is more than that
agreed, the purchaser has the right to accept or not to accept the excess. If it
accepts the excess, payment shall be made in accordance with the agreement on
the excess.

Clause 2: Where a seller delivers objects in a quantity which is less than that
agreed, the purchaser has one of the following rights:

a) Accept the amount delivered and set a time-limit for the seller to deliver the
amount outstanding;

Explain: Thic article does not mention about the right to postpone payment when there
are incorrect quantities

4. A bonna third party involved in an invalid contract has to return the property when
the property owner requests.

Answer: True

According to article 133of the Civil code 2015.

Explain: In cases where a civil transaction is invalid, such property is being amended or
annulled.

5. A commercial dispute will be settled by a commercial arbitration if the involved

Answer: True

According to article 5, clause 1 of the Law of Arbitration 2010, A dispute shall be settled by
arbitration if the parties have an arbitration agreement. An arbitration agreement may be made either before or
after a dispute arises.

Explain: So, it is legal for involved business parties to dispute by a commercial

Part II. (20 marks) Prove the following statement

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 ‘Commercial arbitration is a flexible adjudicative method for commercial
dispute settlement’

According article 16,17 of Law on Arbitration 2010

08:51

Part III. Problem solving (50 marks)

On 10th April 2017, Hieu and Halo Group Limited Liability Company
(hereafter Hallo Group) signed a sale of goods contract no. KV/HD/17/1004. Under
this contract, Halo Group must deliver 1200 of 30x30 square steel tubes, and 700 of
200x200 steel plates by 20th May 2017. All of the steel tubes and plates must be 100%
new, and meet the SS400 standards. Within 30 days from the date of receiving the
delivery, Hieu must complete his payment of 891.334.620 dong.

From 13th April 2017 to 20th May 2017, Halo Group made five deliveries in
total to deliver 1200 of 30x30 square steel tubes, and 700 of 200x200 steel plates.

On 26th May 2017, Hieu transferred 700.000.000 dong to Halo Group’s bank
account. However, the remaining payment has not been performed because he
asserted that the steel tubes and plates delivered by Halo Group do not meet the SS400
Standard. Particularly, he found that these tubes are distorted, after using them to
construct a villa. To have evidence to prove the product quality, Hieu took a few of
the steel plates to an inspection agency for examinations on 15 th June 2017. The result
turned out that the steel plates do not actually meet the SS400 Standard. From 25 th
June 2017 to 4th July 2017, Hieu emailed Halo Group several times to complain the
quality of the steel plates and tubes.

On 5th July 2017, Halo Group replied to Hieu’s emails that ‘all of the products
we delivered to you have quality certificates which confirm they meet the SS400

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standards. We do not know if the plates you took for the quality test are the products
we delivered to you. Therefore, we do not accept your complaints about the quality of
the steel plates and tubes we delivered to you. Also, you have been late in paying us
the remaining 191.334.620 dong. Can you complete the payment within five days as
soon as possible, please?’

On 14th May 2018, Halo Group submitted a lawsuit petition to request the court
to force Hieu to complete his payment obligation and pay interests on the late payment
after Hieu did not complete his payment obligation for almost a year.

Answer the following questions in compliance with the civil code 2015.

Question 1: Can Halo Group split the delivery of 1200 of 30x30 square
steel tubes, and 700 of 200x200 steel plates into five deliveries? Explain.

According to Article 279 , clause 1 , 2 , 3 of Civil Code 2015

Halo Group can not split the delivery of 1200 of 30x30 square steel tubes, and 700 of
200x200 steel plates into five deliveries because when the object is fungible, the
delivery must be in accordance with the agreed quality and quantity

Question 2: where is the delivery place? Explain.

According to Article 436 of Civil code

Question 3: Can Hieu postpone his last payment? Explain.

According to Article 411, clause 1 and 2. Article 351, clause 1.

Halo Group is false to perform their obligation. So, Hieu can postpone his last
payment

Question 4: Will Hieu have to pay interests on 191.334.620 dong? Explain.

Question 5: To which court can Halo Group send a lawsuit petition if Halo
Group is located in Long Thanh, Dong Nai while Hieu resides in Tra On, Vinh
Long? Explain.

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