Civil Law Witte MIEMP Part 1. Examination

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Score 82 points.
Two tasks are proposed for solution. Answers should have a well-thought-out logical structure, contain references to the regulatory framework used for the decision with the obligatory indication of points and article numbers of the legal act. It is necessary to answer only the questions posed, but all without exception. If the respondent has a dissenting opinion, this can also be reflected in the response. The maximum number of points - 10 (one task - 5 points). In case of incomplete or incorrect solution of the problem, the number of points decreases. Task 1 Avtostroy OJSC filed a lawsuit against Virineya LLC for recovery of 58,500 rubles under a lease agreement for non-residential premises. In support of the claims, the plaintiff indicated that Vireneya LLC applied to the OJSC with a letter on the provision of non-residential warehouse space on lease terms, signed by the sales department manager. The room was provided, but no rent was received. The respondent indicated that he did not satisfy the claimant’s claim on the grounds that the request (letter No. 278) is not a lease agreement. Questions 1. In what form are contracts concluded on behalf of a legal entity and by whom do they sign? 2. Is an employee without a power of attorney entitled to conclude transactions on behalf of a legal entity? 3. Is it possible to consider the contract concluded? 4. If this transaction is declared invalid by a court, which one: disputed or void? Task 2 The wholesale store received grapes from a private zagotkontory from a railroad car in a glacier car. The cargo arrived spoiled. The buyer made a claim to the seller, refusing to pay in full the full amount established by the contract. In response to her claim, the Zagotcontor indicated that, according to the control information on ice supply, the carriage was supplied with ice irregularly along the way, and demanded to pay the entire amount established by the contract. Questions
1. What are the grounds for the responsibility of entrepreneurs for non-performance of obligations? 2. Was the seller responsible for damage to the goods? 3. Is the buyer´s claim valid?


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