International Commercial Law - 13

This solved paper has been contributed by Raul Castro

THANKS TO : Raul Castro
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LIST OF ATTEMPTED QUESTIONS AND ANSWERS

    

 Select The Blank

Question   The clause Arrival means that the seller has to cause delivery to be madeto the buyer from the ________

Correct Answer   Ship

Multiple Choice Single Answer

Question   The court of Arbitration does not itself disputes but if the parties have not agreed on the arbitrator (s) , the court appoints

Correct Answer   An arbitrator

Select The Blank

Question   Under f.o.b contract the cost of loading is usually included in the ________charges which are to paid by the buyer

Correct Answer   Freight

 Multiple Choice Single Answer

Question   If the carriage of goods by sea are individual pakages, they are carried under

Correct Answer   bill of lading

Multiple Choice Single Answer

Question   The most frequent method of payment for goods is the export trade is

Correct Answer   Letter of credit

Multiple Choice Single Answer

Question   The ICC Court of Arbitration is not a governmental institution but is created by the

Correct Answer   International Chamber of Commerce

 Select The Blank

Question   The shipper is entitled to demand that the bill of lading should be________ correctly

Correct Answer   dated

 Multiple Choice Single Answer

Question   If the parties have arranged a payment at sight credit, the advising bank is instructed to arrange for the payment

Correct Answer   to the seller, due on presentation of their documents

Multiple Choice Single Answer

Question   To avoid anything in the nature of set off or counter claim, a letter of credit is given by a

Correct Answer   Bank to the seller

True/False

Question   Arbitration is the most convenient machinery to settle the dispute.

Correct Answer   True

Multiple Choice Single Answer

Question   For sea transport the international convention is

Correct Answer   the Hague - Vishy rules relating to bill of lading

Multiple Choice Multiple Answer

Question   The London court of Inernational Arbitration is a tripartite organization sponsored by the

Correct Answer   Chartered Insitute of Arbitration , London Chamber of Commerce , The city of London Corporation 

Select The Blank

Question   The ICC Court of arbitration its seat at the headquarters of the ICC in________

Correct Answer   Paris

  Your Answer   Paris

  

 Multiple Choice Multiple Answer

  Question   The shipping document consist of mainly

 

Correct Answer   A clean bill of lading , Amarine insurance policy , The invoice 

 Multiple Choice Single Answer

  Question   The Hague - Visby Ruleshold the carrier liable if he acts

  Correct Answer   Negligently

 True/False

  Question   The frustration occures whenever the Law recognizes that with default of either party a contractual obligation has become incapable of being performed

  Correct Answer   True

 Select The Blank

  Question   In some cases, the transaction may not involve a sale. The product may have been ________ or loaned by the owner

  Correct Answer   Leased

Multiple Choice Multiple Answer

  Question   Where payment under a letter of credit is arranged, the stages can normally be distinguished

  Correct Answer   The exporter and the overseas buyer agree in the contract of sale that payment shall be made under a letter of credit , The overseas buyer instructs a bank at his place of business to open a letter of credit , The advising bank informs the exporter that it will negotiate, his draft upon delivery of the transport document 

 Multiple Choice Multiple Answer

  Question   In stand by letters of credit, the bank may also be instructed to authorise another bank against the stipulated documents to

  Correct Answer   Pay bills of exchange , Accept bills of exchange , Negotiate bills of exchange 

 Multiple Choice Single Answer

  Question   The law relating to letters of credit is founded on the principle of

  Correct Answer   The doctrine of strict performance

Multiple Choice Multiple Answer

  Question   The correct dating of the bill of lading is a important matter. It is material in three legal relationships

  Correct Answer   In the content of carriage , In the contract of sale , In relation to the banks under a letter of credit 

 Multiple Choice Single Answer

  Question   Land transport (Road), the international convention is

  Correct Answer   the CMR

True/False

  Question   In the case of a confirmed credit, the engagement of the advising bank to the beneficiary is not stated in the letter of advise.

  Correct Answer   False

 Multiple Choice Single Answer

  Question   If the seller requires payment before the deferred payment credit matures, he can obtain it by

  Correct Answer   Negotiating the Letter of Credit

 True/False

  Question   Infringement of patent takes place, normally during Industrial or Commercial activities

  Correct Answer   True

 Select The Blank

  Question   The invoice ________is to be stated as the terms of the contract

  Correct Answer   Price

 True/False

  Question   In practice revocable credits are not widely used and irrevocable credits are in frequent use.

  Correct Answer   True

 Multiple Choice Single Answer

  Question   A contract in which the parties agree that a false invoice be isued is

  Correct Answer   Unenforceable by Law

 Multiple Choice Single Answer

  Question   The plaintiff must have some badge of recognition upon which to found his

  Correct Answer   Reputation

 Multiple Choice Single Answer

  Question   The words copyright derives from the expression

  Correct Answer   Copy or words

 Match The Following

Question                                                                                                                Correct Answer

World Trade Organisation                                                                                 Member India

Intellectual Property Rights Agreement (TRIPS)_                        India, a party

Duration of 20 years for patents                                                                      TRIPS agreemnt

India is a signatory and indeed a founder member                      GATT

  

 True/False

  Question   The two types of contract of carriage by sea is contracts evident by bill of lading and contracts containing perils

 Correct Answer   False

 Multiple Choice Multiple Answer

  Question   Dramatic work includes

  Correct Answer   work of dance and mine , the scenario for a film , the script for a film 

 True/False

  Question   The computer programmes have been included in the ambit of patentability

  Correct Answer   False

 Select The Blank

  Question   A ' would be patentee may endanger his own chances by any sort of publicity ________ registration of a patent

  Correct Answer   Before

 True/False

  Question   The open cover may be limited in time while the floating policy is normally limited to twelve months

  Correct Answer   True

 Multiple Choice Multiple Answer

  Question   NewZealan prohibits and restricts certain types of paking like

  Correct Answer   The use of hay , The use of chaff , The use of rice husk 

 Multiple Choice Multiple Answer

  Question   Kinds of bills of lading are

  Correct Answer   Shipped and received bills , Feright prepaid and freight collect bill , clean and claused bill 

 Multiple Choice Multiple Answer

  Question   The major alterations proposed by the Hamburg Rules are

  Correct Answer   Increased maximum limits of liability of the carrier , Exclusion of the carrier's liability in case of error in nevigation, abolished , Application of the rules to transport documents 

 Multiple Choice Multiple Answer

  Question   Following are not registerable under the Emblems and Names (Prevention of improper use ) Act, 1950.

  Correct Answer   Mahatma Gandhi , Pandit Nehru , Shivaji Maharaj 

 Multiple Choice Multiple Answer

  Question   Industrial design may be defined as

  Correct Answer   Features of shape , configuration , Patter and ornament 

 Multiple Choice Multiple Answer

  Question   Classification of contracts by it's validity are

  Correct Answer   Voidable contract , Illegal contract , Unenforceable contract 

 True/False

  Question   The buyer is entitled to refuse the acceptance of the goods if they are packed in accordance of his instructions

  Correct Answer   False

 True/False

  Question   In the case o fliterary work like encyclopedia dictionaries, year books etc., i.e. where there is collective work and output, there is a joint authorship.

  Correct Answer   False

 Multiple Choice Single Answer

  Question   The novelty of an invention is to be recognized from the angle of

  Correct Answer   Manner of manufacture

 Multiple Choice Multiple Answer

  Question   The Lioyd's marine policy form is schedule into which the following information is to be inserted

  Correct Answer   The policy number , The subject- matter insured , The amount insured