If it is not mentioned otherwise all contracts in the questions do not require notarized form.

CIVIL LAW

If it is not mentioned otherwise all contracts in the questions do not require notarized form.

Text

Almira is a famous KZ singer. She became extremely popular after her hit recording “Farewell, MAB!”

Gulshat, a former classmate, would like to organize Almira’s concert, and earn lots of money. Gulshat calls Almira, and asks whether Almira is willing to perform for KZT 500,000. The concert is to be on the 15^th of February, 2011 in Almaty.

Almira replies that she remembers Gulshat quite well, and Gulshat’s terms are ok with her, but she can perform only on the 16^th, not 15^th of February. Gulshat consented.

Gulshat starts to sell tickets for Almira’s concert at the price of USD 300 per ticket. She sells 1,569 tickets for the concert.

One day before the concert, Gulshat calls Almira, and asks if Almira is ready. Almira says that she has changed her mind, and she would like to go to Thailand instead as she needs rest, and Gulshat needs to give her a very good incentive (стимул) to stay and perform: “Five hundred thousand US dollars would be enough (USD 500,000)… and not a dime less (ни цента ниже).”

Gulshat insists that they have contract, and Almira has to perform for KZT500, 000, not USD500, 000. Almira says they do not have the contract as it was not in written form.

Question #1

Is there a contract between Gulshat & Almira?

a) Yes because Almira accepted offer of Gulshat.

b) No because written form of contract was not observed.

c) No there was no contract.

d) Yes because Gulshat accepted offer of Almira.

Question #2

Is written form required here?

a) Yes because the contract was made in the course of business activity.

b) Yes because Almira demands it now.

c) No because it does not exceed KZT 100,000.

d) No.

Text

On May 1, Meruert hears advertising on the radio:

- Unique shop Artur! Tajik Carpets!

- On Friday, May 8, any carpet at the shop will be sold at fixed fee of KZT 1, 000, 000!!!

Excited by the idea, Meruert comes to the shop, and chooses outstanding handmade carpet made by Jamal, famous Tajik carpet craftsman.

However, at the desk Meruert is told that the carpet is of exclusive quality, and costs at least KZT 3, 000, 000. However, because of this sales campaign, shop Artur will sell it for KZT 2, 500, 000.

Meruert is infuriated, she says that she will sue (подать иск) the shop to enforce their promise

Question #3

Does the advertising constitute an offer?

a) Yes, the advertising contains all elements of the offer.

b) No, the advertising does not contain all elements of the offer.

c) Yes, the advertising was certain enough, the shop must hold to its promise.

d) No, even if it is the offer, the shop might change it whenever it wants to do it. Besides, Meruert did not accept the offer.

Question #4

Let’s paraphrase the advertising.

- Unique shop Artur! Tajik Carpets!

- First ten people to come on Friday (May 8, 2010) to the shop are to receive any carpet at the shop at fixed fee of KZT 1, 000, 000!!!

Meruert appeared to be the first customer to come on May 8, and she wants Jamal carpet for 1,000,000. She is refused.

Does this advertising constitute an offer?

a) No, the advertising does not contain all elements of the offer.

b) Yes, the advertising is always an offer.

c) No, even if it is the offer, the shop might change it whenever it wants to do it. Besides, Meruert did not accept the offer.

d) Despite the fact that advertising is usually considered invitation to make an offer, this advertising contains all elements of offer, and so certain to constitute an offer.

CORRECT ANSWERS

CIVIL LAW

If it is not mentioned otherwise all contracts in the questions do not require notarized form.

Text

Almira is a famous KZ singer. She became extremely popular after her hit recording “Farewell, MAB!”

Gulshat, a former classmate, would like to organize Almira’s concert, and earn lots of money. Gulshat calls Almira, and asks whether Almira is willing to perform for KZT 500,000. The concert is to be on the 15^th of February, 2011 in Almaty.

Almira replies that she remembers Gulshat quite well, and Gulshat’s terms are ok with her, but she can perform only on the 16^th, not 15^th of February. Gulshat consented.

Gulshat starts to sell tickets for Almira’s concert at the price of USD 300 per ticket. She sells 1,569 tickets for the concert.

One day before the concert, Gulshat calls Almira, and asks if Almira is ready. Almira says that she has changed her mind, and she would like to go to Thailand instead as she needs rest, and Gulshat needs to give her a very good incentive (стимул) to stay and perform: “Five hundred thousand US dollars would be enough (USD 500,000)… and not a dime less (ни цента ниже).”

Gulshat insists that they have contract, and Almira has to perform for KZT500,000, not USD500,000. Almira says they do not have the contract as it was not in written form.

Question #1

Is there a contract between Gulshat & Almira?

a) Yes because Almira accepted offer of Gulshat.

b) No because written form of contract was not observed.

c) No there was no contract.

d) Yes because Gulshat accepted offer of Almira.[ZA1]

Question #2

Is written form required here?

a) Yes because the contract was made in the course of business activity.[ZA2]

b) Yes because Almira demands it now.

c) No because it does not exceed KZT 100,000.

d) No.

Text

On May 1, Meruert hears advertising on the radio:

- Unique shop Artur! Tajik Carpets!

- On Friday, May 8, any carpet at the shop will be sold at fixed fee of KZT 1, 000, 000!!!

Excited by the idea, Meruert comes to the shop, and chooses outstanding handmade carpet made by Jamal, famous Tajik carpet craftsman.

However, at the desk Meruert is told that the carpet is of exclusive quality, and costs at least KZT 3, 000, 000. However, because of this sales campaign, shop Artur will sell it for KZT 2, 500, 000.

Meruert is infuriated, she says that she will sue (подать иск) the shop to enforce their promise.

Question #3

Does the advertising constitute an offer?

a) Yes, the advertising contains all elements of the offer.

b) No, the advertising does not contain all elements of the offer.[ZA3]

c) Yes, the advertising was certain enough, the shop must hold to its promise.

d) No, even if it is the offer, the shop might change it whenever it wants to do it. Besides, Meruert did not accept the offer.

Question #4

Let’s paraphrase the advertising.

- Unique shop Artur! Tajik Carpets!

- First ten people to come on Friday (May 8, 2010) to the shop are to receive any carpet at the shop at fixed fee of KZT 1, 000, 000!!!

Meruert appeared to be the first customer to come on May 8, and she wants Jamal carpet for 1,000,000. She is refused.

Does this advertising constitute an offer?

a) No, the advertising does not contain all elements of the offer.

b) Yes, the advertising is always an offer.

c) No, even if it is the offer, the shop might change it whenever it wants to do it. Besides, Meruert did not accept the offer.

d) Despite the fact that advertising is usually considered invitation to make an offer, this advertising contains all elements of offer, and so certain to constitute an offer. [ZA4]

[ZA1]Correct answer. Almira’s reply constituted a counteroffer as it was not full.

[ZA2]Correct answer.

[ZA3]Correct answer. No identified offeree.

[ZA4]Correct answer.

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