Week 2

Discuss the followings

 The judge has decided to depend on the content of the previous case and apply
the same procedures in Iraq which is a Civil Law country.
 Judges have a significant role in shaping law in Civil Law countries.
 In one common law countries, the judge has decided to apply the rules of
legislation.
 (A) has conducted an act which is prohibited under the Iraqi Criminal Law and
the judge decided not to apply the rules of criminal law, instead he followed
some customary rules of a tribe where (A) is belonged to.
 The judge decided to rely on custom despite having a clear article in a particular
law.
 When do judges apply other rules of law apart from legislation?
 The parliament of state (A) has issued an instruction to regulate the internal
affairs of the interior ministry despite refusing it.
 The parliament of state (A) refused to amend the current legislation as they
claim the lack of authority of doing this.
 The judge has refused sentence some one of an act which is not prohibited
under criminal law.
 Why legislation is important.
• The judge is decided to depend his verdict on the opinion of a very well known
scholar of law as he could not found an article in other five sources.

• (A) has been accused of committing a crime. (A) tried to negotiate his crime with
police department.

• (A) is a member of a committee authorized to buy a car for one department in

the government . They bought the car, then (A) did buy another car for himself,
in return of giving the car to (A) of a cheaper price, (A) has decided to exempt
the seller for paying income tax.

Required: Does (A) have this right.

• What makes private law different from public law?

• The judge has decided to apply some articles in Quran on a civil case before the
judge.

• Government (A) has tried not to pay money to the market where they bought
stationary claiming that they practice power.
Week 3/contracts

 Give an example of an offer for the entire people

 Advertising an auction is an offer to sell. True or false and why
 As a general rule, silence cannot constitute acceptance. true or false and why
 A void contract is not a contract at all. True or false and why
 (A) Initiated to sell his mobile phone as he has been threatened by his father to
do so.
 What makes contract different from donation
 Writing is important element in contracting. True or false and why.
 (A) Agreed with (B) to sell some stolen items. To what extend this agreement is
valid and why.
 (A) Offered to sell her apartment to (B) by 80000USD. However, (B) agreed to
pay only 75000USD. Who is the offeror and offeree in this transaction?
 (A) offered to build a house to (B) by 10000USD and (B) agrees to pay the
amount. However, before concluding the contract (A) died. (B) is still claiming
the right on (A) to compensate (B) for not signing the contract. Does (B) have this
right?
Week 4

Discuss the followings:

1. Transfer of company shares (Formal , Informal)

2. (A) has a contract to sell her car to (B), (B) is agreed to pay the price when
they signed a contract. (Executed, Executory)
3. The contract between MacDonald’s and Family mall administration in Erbil
(Private contract, Public contract)
4. Lease contract in most situations is an executory contract. True or false.
5. The contract between the government and one foreign company who agreed
to be dealt with as a national company. (Public contract, Private contract).
6. (A) Concluded a contract with (B) to sell his mobile phone. (A) Bought his
mobile by a very cheap price. Before handing a mobile to (B), (A)’s mobile has
been broken and (B) refused to take the mobile. (Void contract,
unenforceable contract).
7. (A) Takes (B)’s car and giving him the value without saying any word.
(Expressed contract, implied contract).
8. Company (A) has built a bridge to Government (B), the project was financed
by a private bank. All these under the condition that (B) allowing (A) to
retake the agreed amount of many for the duration of 10 years and the users
will bear the cost by paying travel fees over the bridge. What can we call this
transaction? To what extend this will be applicable to develop infrastructures
in Kurdistan Region of Iraq.
9. Can we have a private formal expressed contract?
10. What is the main difference between contracts and conventions (treaties)
11. Write down the contract containing the following data: (Homework)
A. John is offeror and Zara is the offeree
B. They agreed on selling John’s car.
C. The price is 10000USD.
 D. John has to deliver the car after maintaining. The car shall not have any
flaws. The car needs to be shipped to Zara who is living in another city.
John has to conduct the procedures related to transfer of ownership.
E. Zara has to send the money to John. Zara will bear the shipping cost. Zara
will pay for insurance policy for the car.
F. The Laws of State (A) is applicable
G. The contract signed on 01/02/2016.

1. (A) Has sold his horse to (B), before handing the horse, the horse died. Does (A)
have any obligation toward (B)?
2. (A) Has sold his car to (B), then (B) realized that there is minor things which are
not consistent with the agreement. For instance, (B) realized that the spire tire
has been changed to another new one. Does (B) have the right to rescind the
contract?
3. Both parties are agreed to put the clause in the contract that permit both to
terminate the contract. Then one party has ended the contract.
4. (A) Agreed to sell his house to (B) on the condition that the house is a two floor
building. However, the house was one floor building. Does (B) have right to end
the contract?
5. (A) Has a contract with (B) for selling a watch, however (B) did not agree to pay
the price. Does (A) have a right to cancel the contract?
6. Does the end of the contract will always end the contract?
Week 5

 (A) Signed an employment contract with (B), the parties forgot to include
working hours.
 (A) Concluded an employment contract with (B), (B) agreed to work for (A) in
return (A) will give some item to (B).
 Two parties of an employment agreement forgot to decide the wage.
 (A) Has hired a 16 years labor.
 (A) is an employer and decided to employee (C) instead of (B) as (C) holds a
higher certificate.
 (A) Decided to force (B) to work for him as (B) owed (A) and could not repay the
debts.
 There is an article in the civil law allowing employers to force employee to work
more than 10 hours.
 One employee has asked for terminating the contract claiming harassment by
the employer.
 After 4 months from the commencement of the work, the employer has decided
to terminate one workers contract as the employer claiming that the worker was
not professional worker.
Discuss the followings:

1. One employer force the employee to work nine hours with rest periods.
2. (A) Hired a worker to demolish a building till the evening; however they did not
put the beginning and end date to the work.
3. (A) Employed (B) to work for her 8 hours at night shift.
4. (A) Has an employee who works 8 hours per day, however, (A) forced his
employee to work two more hours as there was an accident occurred and
needed an immediate intervene by the employee.
5. (A) signed an employment contract with (B) for one year, then (A) denied to
provide (B) some rights as (A) justified her decision by having determined
contract with (B).
6. (A) Rejected to provide an air condition to the worker working in his factory in
summer; as a result, workers went to strike.
7. (A) Has decided to fire some employees because they stroke against poor work
condition.
8. (A) Is working fulltime to two employers at the same time without the consent of
them?
9. What is the different between Arab workers and Syrian workers who work in the
KRG?
10. Do foreign workers have the same rights as national workers in Iraq?
 Week 7
1. The minister of natural resources of the KRG has signed an exploration contract
for 7 years.
2. The minister of natural resources of the KRG has signed a production contract for
25 years.
3. The minister of natural resources of the KRG authorized (A) to sign a production
sharing contract while the minister is available.
4. The host state asked the oil company to share profit oil after royalty payment in
the KRG.
5. The oil companies in the KRG refused to bear the cost of exploration under the
current PSC.
6. The minister decided to concede a specific area to an oil company for oil
production.
7. Can the Iraqi government sign a production sharing contract while they currently
utilize service contracts in its oil industry?
8. Can oil companies conclude joint venture agreement with local companies?
9. (A) Is oil company working in Kurdistan Region and decided to sign a joint
venture with a local company to fulfill its obligation to open an office in
Kurdistan region within 90 days?
10. The minister signed a production sharing contract with a local company in
Kurdistan.
11. (A) Is an oil company working in the Kurdistan region, during exploration; it faced
resilience by land owners.
Required: who will be responsible to deal with this situation?
12. Does the third party has right to ask for compensation if any damage occurred?
Business crimes
1. Classify the following crime:
A. (A) Is punished by 6 years imprisonment for bribing (B)
B. (A) Has been sentenced life imprisonment.
C. (A) Is sent to jail for 3 years.
2. (A) Has offered 1000USD to (B) in order to get some documents while (A) has
mental problems.
3. (A) Has told her friends that she is going to give a check without credit to (B),
before doing that, she regret to continue the crime. Her friends informed
police.
Required: can we charge (A) over the crime of check without credit.
4. Give an example of a crime that has only intention element.
5. (A) is a financial manager and he is aware of the fraud conducted by one of
the subordinates. Who will be responsible for the crime?
6. (A) conducted a lawful act of his employment to (B) while (B) providing (A) a
specific amount of money.
7. (A) Offers 100 USD to (B) who is a public officer, but (B) refused to take the
money. Who will be punished?
8. (A) Is an official and asked (B) to give him a specific amount of money in
return to carry out his duty.
9. (A) Mediates a bribery between (B) and (C), who will be responsible of the
crime.
10. Can we consider providing checks without credit by the government as
crime?
11. Name the following actions:
A. When a person commits fraud in filing or paying taxes
B. when one person illegally obtains property from another by actual or
threatened force, under cover of official right
C. When a person who has been entrusted with money or property
appropriates it for his or her own use and benefit
D. The unauthorized use of a credit card to obtain goods of value
E. When a person passes a false or worthless instrument such as a check or
counterfeit security with the intent to defraud or injure the recipient.
F. When a person wrongfully takes another person's money or property
with the intent to appropriate, convert or steal it.
G. The investment or transfer of money from racketeering, drug
transactions or other embezzlement schemes so that it appears that its
original source either cannot be traced or is legitimate.
H. When a person wrongfully takes another person's money or property
with the intent to appropriate, convert or steal it.
I. When money, goods, services, information or anything else of value is
offered with intent to influence the actions.
Week 10

1. Two individual have legal dispute and they recourse to the third party to
solve their problem.
2. What makes ADR different from litigation
3. If (A) recourse to the court to settle his dispute with (B), can they still
recourse to negotiation or mediation
4. If (A) recourse to negotiation to settle his dispute with (B), can they still
recourse to the court.
5. What is the difference between negotiation and renegotiation
6. What is the difference between negotiation and mediation
7. Do the decisions result from negotiations binding the parties?
8. What is the different between negotiation and arbitration, and arbitration
and mediation?
9. What are the famous arbitration courts in the world?
10. What is the difference between arbitration and litigation?
Weeks 11 & 12

1. What is the difference between purchasing and procurement?

2. Company (A) is resorting to external contractor. Why does this company conduct
this act?
3. What are the phases of procurement in any project?
4. (A) Is awarded a contract to (B) as (B) offered the cheapest price. What phase
they are in?
5. What shall any firm do before deciding outsourcing?
6. (A) Is giving a specific work to be conducted by (B), what kind of contract they
can use?
7. What kind of contract is this: the buyer pays the supplier for allowable
performance costs plus a fixed fee payment usually based on a percentage of
estimated costs?
8. Company (A) wants to implement a project while they do not have enough
knowledge about it.
9. Company (A) wants to implement a project while they know the details about
the project. What shall they do?
10. A university wanted to implement a project with the value of 4500000 ID, what
method they should take?
11. A governmental department decided to outsource of a project that will cost 2
million USD, what method shall they take?
12. When does the governmental department resort to direct invitation?
13. When does the confiscation of performance bond take place?
14. When does the confiscation of bid bond take place?