1. An exporter in the People’s Republic of China sells a container of goods to an importer in Germany. The parties agree in writing that French law would govern their contract. The parties have a disagreement regarding the applicable law to their contract. Which law should the judge or arbitrator find applicable to the parties’ contract?
A. French law should apply as per the parties’ written agreement in the contract.
B. Chinese law should apply as that is of the seller’s jurisdiction.
C. The United Nations Convention on Contracts for the International Sale of Goods (CISG) as both parties are from CISG Contracting States and the parties have not opted out of the CISG. French law might also apply if the dispute touches on areas not covered by the CISG.
2. In relation to international tort, which House of Lords decision has commonly been described as difficult to comprehend and perceived by some as not having a ratio at all?
A. Bolton v Stone  AC 850
B. Chaplin v Boys  AC 356
C. Hedley Byrne & Co Ltd v Heller & Partners Ltd  AC 465
3. Who fits the following description: He was a law graduate, a gentleman-soldier, a mathematician, a natural philosopher and a metaphysician who kept his home address a secret as his rationale was “he who lives well-hidden, lives well”. He actively encouraged people to think believing that it was vital, which might be the reason why he never got out of bed before 11am. He coined the phrase - “cogito, ergo sum” or “I think, therefore I am”.
A. René Descartes
B. Ronald Dworkin
C. John Austin
D. Immanuel Kant
4. A type of passing off where people fraudulently copy the websites of for example banks, so as to fool visitors to the site into believing that they are visiting the true website of the institution concerned is legally referred to as:
5. A shop in Hong Kong displays a “no refund” or “no guarantee” sign. A consumer purchases an item from that shop which is, shortly after, found to be defective. The consumer is not entitled to a refund on the basis that the signs posted are binding on the consumer.
6. In the area of medical negligence, which UK Supreme Court decision departed from the clichéd and out of control Bolam test thereby restoring it to its intended scope of matters of medical expertise in negligence?
A. Sidaway v Board of Governors of the Bethlem Royal Hospital
B. Montgomery v Lanarkshire Health Board
C. Chester v Afshar
7. The carriage of goods by sea is governed by a fragmentation of laws.
A. True. First came the Hague Rules. Some States were not satisfied with some of the provisions and subsequently adopted the Hague Visby Rules. Some States were not satisfied with some or all of the provisions and subsequently adopted the Hamburg Rules.
B. False. Only the Hamburg Rules currently governs the law on carriage of goods.
C. False. Only the Rotterdam Rules currently governs the law on carriage of goods.
8. Which Convention consisting of a total of 16 Articles covering more than 4 pages is perceived as one of the most successful treaties in international trade law?
A. The ICSID Convention
B. The CISG
C. The New York Convention
9. One of the key features of international arbitration is that arbitral awards can be enforced internationally through the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“the New York Convention”). There are 163 jurisdictions (“Convention States”) that are party to the New York Convention. By so adopting the New York Convention, these Member States have undertaken to enforce arbitral awards as though they were final judgments of their own highest courts. This means that a party can take an arbitral award made in one New York Convention State and seek to enforce it in another New York Convention State through a relatively simple enforcement process. However, one of them recognizes less than half of the 163 Convention States. Which one is it?
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Legal Trivia Quiz #61 Winner:
Mengwei (Maria) Ma, Legal Counsel, Credit Suisse (Hong Kong) Limited
Answers to Legal Trivia Quiz #61
1.C. The following have found that the CISG does apply to Hong Kong:
- UNITED STATES FederalDistrict Court [Arkansas] (Electrocraft Arkansas, Inc. v. Electric Motors, Ltdet al.) 23 December 2009, http://cisgw3.law.pace.edu/cases/091223u1.html;
- UNITED STATES Federal District Court [Illinois] (CNA Int’l, Inc. v.Guangdong Kelon Electronical Holdings et al.) 3 September 2008, http://cisgw3.law.pace.edu/cases/080903u1.html.
The following have found that the CISG does not apply to Hong Kong:
- FRANCE, Cour de cassation(Telecommunications products case) 2 April 2008 http://cisgw3.law.pace.edu/cases/080402f1.html;
- UNITED STATES. Federal District Court [Georgia] (Innotex PrecisionLimited v. Horei, Inc., et al.) 17 December 2009 http://cisgw3.law.pace.edu/cases/091217u1.html;
- AUSTRALIA Federal Court [South AustraliaDistrict] 24 October 2008 (Hannaford v Australian Farmlink Pty Ltd) http://cisgw3.law.pace.edu/cases/081024a2.html;
- Yongping and Long Weidi, Selected Topics on the Application of the CISG in China, 20 Pace Int’l L. Rev. 61, 79 (2008);
- John Mo, Transfer of Sovereignty and Application of an International Convention:Case of CISG in the Context of ‘One Country, Two Systems’ (2015) 2:1 JICL 66.
2.A. It was in 1990, when Hong Kong became the first Asian jurisdiction to adopt the UNCITRAL Model Law on International Commercial Arbitration.
3.C. “Big Crook” was Chan-Nai-Ming’s nickname: see Chan Nai-Ming v HKSAR  3 HKC 255.
4.B. Tort is a French word for civil wrong. Action is a French word for action.
5.A. Section 22B(1) Law Amendment and Reform (Consolidation) Ordinance (Cap. 23) states: “If a child is born disabled as the result of such an occurrence before its birth as is mentioned in subsection (2) and a person (other than the child’s own mother) is under this section answerable to the child in respect of the occurrence, the child’s disabilities are to be regarded as damage resulting from the wrongful act of that person and actionable accordingly at the suit of the child.”
6.C. Known as the double actionability rule.
7.A. See s. 44A High Court Ordinance (Cap. 4).
8.A. Prior to 1971, the Qing/Tsing law applied to a Chinese intestate.
9.B. It has been suggested that Hong Kong’s organ donation rate is among the lowest in the world.
10.C. Article 1(1) of the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention) “applies to all international carriage of persons, baggage or cargo performed by aircraft for reward.”