HND商法导论outcome1(仅供参考)
HND大二商法导论复习提纲
Acts of parliament
1. The Licensing (Scotland) Act 1975 2. The Divorce (Scotland) Act 1976 3. Abolition of Poindings and Warrant Sales Act 2001 4. Dog Fouling (Scotland) Act 2003 5. The Health and Satefy at Work Act 1974 6. Sale of Goods Act 1979 7. Employment Rights Act 1996 8. Protection of Children (Scotland) Act 2003
苏格兰议会制定在苏格兰实施的法律的权力来源于英国议会。 所有由苏格兰议会通过的法律都被认为是二级法律而不是主 体法例。此外应指出的是英国议会制定一个简单的条例就可 以将废除苏格兰议会。
What is a statute?
Acts of Parliament are often referred to as statute law. Until the creation of the Scottish Parliament, the Westminster Parliament alone made laws for Scotland. However, Westminster Parliament has given the scottish parliament authority in many different areas of policy to make statute law.
HND 商务契约关系 outcome1
Case 1Q1：Maggie 没受伤，她是否有权利起诉SELLER；商品是in a sale,是否影响MAGGIE的权利？（买方和卖方的关系）A1：1，Yes, she can do that.2，The basic law is the seller violation the Implied Terms of SOGA 1979. It is include four terms.a)Section 12 SOGA 1979 Implied Terms of Titleb)Section 13 SOGA 1979 Sale by Descriptionc)Section 14 SOGA 1979 Satisfactory Quality and ReasonableFitness for Purpose.d)Section 15 SOGA 1979 Sale by SampleThis case was violation Section 14 SOGA 1979.Section 14 implied two terms: Satisfactory Quality and Reasonable Fitness for the Purpose. The major violation of this case is Satisfactory Quality.⑴The standard of Section 14 of SOGA 1979 is “that a reasonable person would regard as satisfactory taking account of any description of the goods, the price (i f relevant)and all other relevant circumstances”.⑵There are factors that are listed in Section 14 of SOGA 1979 as potentially relevant in appropriate cases:☉Fitness for the purpose for which goods of the kind inquestion are commonly supplied.☉Appearance and finish☉Freedom from minor defects☉Safety and☉Durability⑶In this case, the tumble dryer is lack of safety and durability. Maggie just bought it two months, so it still a new tumble dryer. It was caught fire. Clearly, it is lack of durability. The tumble is a latent defect in the wiring that lead to detonate. So we said it is lack of safety.3,Maggie bought the tumble dryer in a sale, but it does not diminish the buyer’s rights unless they are classed as “seconds” etc or a particular defect is brought to the attention of the buyer as being the reason for the reduction in price. Maggie did not know the bug of the tumble dryer before she buy it. So Maggie’ s rights should not be diminished.4,◎The cited case is Thomson v J Sears ＆Co(1926), the pursuer purchased boots for himself and suffered periostosis of the foot as a result of the insole having crumpled up and become knotted and nodular. It should be obvious that the boots were going to be worn as footwear.◎In the case of Priest V Last(1903),a buyer was scalded after using a hot water bottle and was successful in suing the seller onthe basis that the bottle was unfit for the purpose.Strict liability also applies and it is no defence that the seller has done all that is reasonable to avoid breach of the provision.(nao)◎In the case of Frost V Aylesbury Dairy CO ltd(1905),where the plaintiff’s wife died from consuming milk containing germs of typhoid fever and the dairy could not defend the action on the basis that they could not reasonably have discovered the presence of the virus in the milk.(pao)Q2:Charlie受伤，MAGGIE该怎么办？（the injury of Charlie）A2:1, Charlie can not impaled the seller. Because that he is not the buyer.Charlie no contractual relationship with the seller. The provisions of SOGA 1979 only apply to the buyer, not to any other people or party. He has no claim against the seller under the Act.2,There is a case that Donoghue V Sterenson 1932,Mrs Donoghue drunk some of mixture and her friend then lifted the bottle and was pouring out the remainder into a tumbler when a decomposed snail floated out of he bottle and into her drink. Mrs Donoghue suffered shock and illness as a result. She claimed damages against the manufacturer. The House of Lords ruled that the manufacturer would have to pay Mrs Donoghue damages as he owed a duty of care to anyone using his product. He had failed in that duty of care.3,Accroding to the Consumer Protection Act 1987 that the seller hasto return both the purchase price and compensate for any damage.The buyer does not have to prove negligence on the part of the seller. To the dangerous products causing damages or injury, manufacturer should assume the strict liability. Just presume fault of manufacturer.4In this case, Charlie should according to the Consumer Protection Act 1987 to implead. The process should not prove the fault of manufacturer, just mention Charlie was injury.Q3:Seller说是厂商的责任，零售商是否可以就此免责。
HND商法outcome1问题及答案
1.现代苏格兰法的渊源Source Of Scotland Law1.Statute 成文法2.EU Law 欧盟法mon Law 普通法2.民法与刑法的区别The main differences between civil and criminal law are:a.Criminal law is primarily used by the State as a means of maintaining law and order by punishing certain individuals who indulge in behaviour which is regarded as criminal and anti-social. The State uses the criminal law, therefore, to punish criminals on behalf of the community or society.b.The civil justice system, in contrast with criminal law, aims to resolve legal disputes between private individuals in areas as wide-ranging as family law, company law, partnership law, banking and finance law, sale of goods and services, consumer law, personal injury claims, trusts, defamation actions, succession issues and divorce (消费者保护法，个人伤害索赔，信托，诽谤行动，继承问题和离婚).c.Different courts, standards of proof and procedures existdepending on whether we are talking about criminal action or a civil dispute. (we will discuss this more in later chapters)3.成文法的定义Acts of parliament are often referred to as legislation or statute law. the westminster parliament alone made laws for scotland until the creation of the scottish parliament,however,westminster has given the scottish parliament authority in many different areas of policy to make statute law.4.苏格兰议会与英国议会Which the Westminster Parliament or the Scottish Parliament , is the superior legislative body?(a)The westminster（维特敏斯特——伦敦市的一个行政区英国议会所在地）parliament(b)1.After(the Act Of union in)1707,the new scottish parliament is not completely/totally/fully independent（独立的）(body/organization).2.It's westminster parliament that gave scottish parliament.3.Scotland can only make secondary legislation（法规法令）/can not make primary legislation.4.Scotland parliament can abolish（废止）.5.欧盟立法机关European Union Legislation(what are the four most important institutions of the European Union and which of the European Union institutions has law-making powers?)(a)四个机构1.The Commission European: A Supervision（监督）Role2.The Council of Ministers (部长理事会决策性的)3.The European Parliament(建议性的)4.The European Court of Justice (执法)(b)哪个机构有权利制定法律1.the council of ministers and the european parliament have the power/authority to make law/advisory.2.The EU commission can not make law.3.The court enforces EU Law.法院实施欧盟法6.The primary of European Union Law Assuming three exists a conflict between scots and European Union law , which one of the two legal systems are the Scottish courts bound to follow? Why?(a) 如果Scotland law与EU Law发生冲突应该遵守？The Scottish corts would have to obey/observe the European Law.(b) Why?1.the EU Union have 27 member state,every state must to obey the EU Union's regulation.2.3. Scotland is a part member of the EU Union,so It must obey the EU Law,if UK decided get out of the EU Union,Scotland will not obey the EU Law.7. 6个民事纠纷例子Civil disputes Employment law disputes e.g. unfair or wrongful dismissal claims劳动法纠纷，如不公平的或者错误的解聘纠纷Family law disputes (custody or adoption of children)家庭法纠纷（孩子的监护或收养问题）Divorce or separation actions离婚或分居诉讼Debt recovery actions债务清偿纠纷Defamation of character人格诽谤纠纷Land disputes土地纠纷Winding up of a corporate body公司解体纠纷Succession disputes (wills)继承/遗嘱纠纷Personal injury claims人身伤害纠纷Contractual disputes合同关系纠纷8. 5个苏格兰使用的法律Sale of goods act 1979Employment right act 1996Human right act 1998Protection of children（scotland）act 2003The healthy and safety at work act 1974Abolition of feudal tenure （scotland）act 2000The licensing （scotland）act 19769.什么是犯罪What is a crime?A crime is behaviour which is regarded as so reprehensible (应受谴责) and which, consequently, threatens or undermines thesecurity of society. Criminal behaviour ought to be punished by the State by the imposition of a prison sentence and /or fine or other sanction (制裁) on the person who is convicted of a crime.举例（5个）：Examples of criminal conduct include murder, rape, assault, fire-raising, theft and fraud (欺诈行为).10.司法先例Judicial Precedent定义Judicial Precedent (司法先例)Judicial Precedent also known as Stare Decisis (遵循先例).If a legal dispute or any other legal situation occurs and there is no provision in any Act of Parliament of any piece of delegated legislation to cover it, the judge dealing with the dispute must make a decision which he/she sees as fair and just.In such a situation therefore, the judge is actually making the law—he/she is creating a precedent—and their decision will be followed in the future by other judges in similar cases. However, if legislation is passed later which is contrary to the judicial decision, then the legislation that is passed later will overrule it.原则For precedent to be applied the following must be shownThat the cases are “in point”—This means that the case beingheard in court must be dealing with the same question of law as the case being heard in court as the case that is being used as a precedent.That the original decision was made in a higher court: the Court of Session and Sheriff Court Judges must follow a House of Lords decision.There is no legislation to cover this point. At the time of this case, there was no legislation to cover such a situation and so the judges had used their sense of fairness to reach a decision.举例Donoghue V Stevenson 1932 SC（HL）31Daniels V White （1938）Grant V Australian Knitting Mills（1936）。
HND 商法导论outcome1
1.List the main sources of modern Scots Law.The two main sources of Scots Law:A: Statutory Sources of LawActs of Parliament––––laws passed by the UK and Scottish Parliament known as Acts Delegated Legislation––––laws passed by bodies authorized by Parliament.European Union Law––––passed by the European UnionB: Common Law Sources:Judicial Precedent––––the most influential of the common law sources, also known as Stare Decisis.Custom––––A custom is a practice which has been long and consistently recognized and so has acquired the force of law. Custom is now rarely a source of new law.Equity––––basically means fairness or natural justiceInstitutional Writings––––have less authority than legislation or judicial precedent.Institutional Writings is not as important as legislation or judicial precedent. Their main importance lies in the fact that they contributed to the orderly development of Scots law.2(a) what is meant by the doctrine of judicial precedent?Judicial Precedent is the most influential of the common law sources, also known as Stare Decisis. If a legal dispute or any other legal situation occurs and there is no provision in any Act of Parliament or any piece of delegated legislation to cover it, then the judge dealing with the dispute must make a decision which he sees as fair and just. In such a situation therefore, the judge is actually making the law—he is creating a precedent—and their decision will be followed in the future by other judges in similar cases. However, if legislation is passed later which is contrary to the judicial decision, and then the legislation that is passed later will overrule it. The operation of judicial precedent results in the creation of ‘case law’. A group of cases exist which have established a particular point of law.2(b) Give an example of a judicial precedent.Example: Donoghue V Stevenson 1932 SC (HL) 31Mrs. Donoghue alleged that one evening in August 1928 in Francis Michelle’s Café in Paisley, a friend had ordered for her, ice cream and ginger beer—planning to put it together as an ice drink. The ginger beer was supplied in a sealed, opaque bottle and the owner of the café poured some of the beer into the ice cream. Mrs. Donoghue drunk some of the mixture and her friend then lifted the bottle and was pouring out the remainder into a tumbler when a decompose snail floated out of the bottle and into her drink. Mrs. Donoghue suffered shock and illness as a result. She claimed damages against the manufacturer.3(a) Which is the superior legislative body: the Westminster Parliament or the Scottish Parliament?the superior legislative body: the Westminster Parliament3(b) Explain your choice of answer in part (a) above.By the Act of Union in 1707, Scotland and England formed the kingdom of Great Britain, since then the Scottish parliament is not a complete, independent legislative body. It is an inferior body in comparison to the Westminster Parliament, from which the Scottish Parliament derives its authority to pass laws for Scotland. Westminster Parliament has the right to cancel the Scottish parliament on bill made by the legislation. Any legislation of the Scottish Parliament is considered to be secondary legislation NOT primary legislation.4. What is a statute?The consists of laws known as statutes or Acts of Parliament passed by both the House of Commons and the House of Lords and then given the Royal Assent.All statutes are divided into sections, sub-sections, paragraphs and sub-paragraphs for easy reference.All Statues starts as “bills” which can be either Public Bills or Private Bills.5. Name five Acts of ParliamentAbolition of Poindings and Warrant Sales Act 2001Dog Fouling (Scotland) Act 2003Animals (Scotland) Act 1987The Succession (Scotland) Act 1964The Divorce (Scotland) Act 19766. What are the main differences between civil and criminal law in Scotland? Civil law:Civil Law is concerned with non-criminal disputes and situations, including the following:·The settlement of legal disputes between individuals and other bodies(e.g. a divorce case、succession、issues)·The payment of compensation from one party to another for loss or injury.·The setting of procedures to govern financial and other matters.(e.g. the legal procedures to be followed when buying or selling a house)Criminal law:Criminal law is primarily used by the State as a means of maintaining law and order by punishing certain individuals who indulge in behavior which is regarded as criminal and anti-social. The State uses the criminal law, therefore, to punish criminals on behalf of the community or society. the main differences:1. The regulated relationships:Civil Law: Relationships between subjects of equal footingCriminal Law: Relationships between subjects of unequal footing2 .The burden:Civil Law: Compensation or other obligationsCriminal Law: Punishment by State3. The freedom of the subjects:Civil Law: Much freedom between the partiesCriminal Law: Mandatory7. What is a crime? (You should list four examples of criminal behavior)A crime is behavior which is regarded as so reprehensible and which, consequently, threatens or undermines the security of society. Criminal behavior ought to be punished by the State by the imposition of a prison sentence and/or fine or other sanction on the person who is convicted of a crime.Examples: assault, murder, fire-raising, theft and fraud8. Provide three examples of a civil dispute.·Family law disputes (custody or adoption of children).·Land disputes e.g. trespass, nuisance, non-natural use of water, liability for animals.·Winding up of a corporate body(limited liability partnerships) in an insolvency or bankruptcy situation.9(a) In a conflict between Scots and European Union Law, which one of the two legal systems are the Scottish Courts bound to follow?In a conflict between Scots and European Union Law, the Scottish Courts would have to obey the European Union's legal system.9(b) Explain your answer.The European Union is an organization of twenty-seven member states, while the members in this organization must abide by the rules of the European Union law system in order to enjoy the benefits. UK has been a member of the EU since 1st January 1973 as a result of the passing of the European Communities Act 1972 by the Westminster Parliament. This legislation recognizes the supremacy of European law over domestic law. So in a conflict between Scots and European Union Law, the Scottish Courts would have to obey the European Union's legal system.10(a) What are the four most important institutions of the European Union? Commission European, The Council of Ministers, European Parliament and European Court of Justice10(b) Which of the European Union institutions has law-making powers?The Council of Ministers and European Parliament has law-making powers.。
HNDBCR商务契约关系outcome1
Case 1Question 1●General principles of the law of delictThe law of Delict, like the law of contract, is a part of the law of obligations. A delict has been defined as: “a civil wrong committed by a person in deliberate or negligent breach of a legal duty, from which liability to make reparation for any consequential loss or injury may arise”. Delict is also known as the law of (ivi)wrongs‟ and applies to much of the same area of law as the English law of …tort‟.General principles of delictual liability is that a loss or injury, such as physical or personal injury, the loss of earnings, nervous shock, distress, damage to a reputation; caused by a legal wrong; caused by culpa on the part of the wrongdoer.Two exceptions will be discussed is that vicarious liability, where the defender is liable for the actions of another; and strict liability, where liability can arise without fault through statutory provision. Liability is transferred to the person benefiting or gaining by the actions of the wrongdoer and they are more likely to be able to pay and/or be covered by insurance. Vicarious liability is an example of joint and several liability as the injured party can sue both the employee and the employer.●Negligence and the duty of careNegligence is the most common delict and an action in delict arise where harm is caused carelessly or inadvertently. The law of negligence has developed to protect individuals from physical harm to the person and to property. Financial interests are only protected where the financial loss is consequential to the harm of the person or property. For a claim to arise in negligence, the following points must be considered: duty of care owed; breach of the duty of care; caused and causation and remote. And this is judged on what the reasonable man would or would not have done had he been in the defender‟s position to eliminate the risk which in the exercise of his reasonable foresee ability he had identified. In the case of Scott V London and St Katherine Dock Co (1861). Six bags of sugar fell on a custom house officer as he was passing under a warehouse loading bay.The bag were being lowered to the ground by a crane and there was no explanation for the accident. In the absence of an explanation the presumption was that the accident arose from the defender‟s negligence. And in the case of Smith v Leech Brain and Co Ltd (1961), a man was burnt on his lip by a splash of molten metal and his employer was held negligent in not providing adequate protection for the employee. This led to cancer although there was already a premalignant condition in his ;op tissue. The employers were held liable for his subsequent death.Question 2●Standard of careThe standard of care varies according to the particular circumstances, in this case Mrs McGregor was seriously injured in a car crash because her brakesfailed.Danny feels dreadful about this he should have spent more time working on Mrs McGregor‟s car. In the case of Hughes v Lord Advocate(1963) and Muir v Glasgow Corporation illustrates this point.●Breach of the duty of care◆Contributory negligence. Where the defender has been negligent but thepursuer‟s actions have partly contributed. The burden of proof is with thedefender. (Sayer V. Harlow urban Council (1958).◆Consent and volenti nofit injuria (one consenting no wrong can be done).When the pursuer freely and voluntarily with full knowledge of the riskinvolved agrees to take the risk no delict (Morris V. Murray (1991)).◆Damnum fatale. An act of God and would be outside the control of man.Example is cyclone, hurricane, and earthquake.In this case Danny feels dreadful about this he have spent more time working on Mrs McGregor‟s car. After listening to Danny‟s worries, Tom, the garage owner, has reassured him that he did everything that could be expected of a reasonably competent mechanic.Case 2Question 1●Liability applies to the keeper of an animalThe duty of care:There is no liability for a failure to take due care unless there was a duty to take care in the first place. A duty of care is imposed by both the common law and by statutory law. There is a breach of the duty of care. This indged on what the reasonable man would or would not have done had he been in the defender’s position to eliminate the risk he had defined. For example, the provision of the Health&Safety At work Act 1974.The burden of proof:The burden of proof is the obligation on a party to establish the facts in issue in a case to the required degree of certainty (the standard of proof) in order to prove their case. There is a rule of evidence known as res ipsa loquitur or the …facts speak for themselves‟ and here the burden of proof shifts to the defender. There are three conditions necessary for res ipsa loquitur to apply: the offending …thing‟must have been under the control or management of the defender or his employees such accidents do not normally happen where due care is taken there is an absence of explanation for the accident.Vicarious (in place of another) Liability: Someone can be liable for another‟s delictual act. This can come as a result of agency, partnership and employment.Liability is transferred to the person benefiting or gaining by the actions of the wrongdoer. Vicarious Liability of the employer for his employee‟s Actions Vicarious liability is an example of joint and several liability as the injured party can sue both the employee and the employer. To bring an action against the employer the pursuer must prove: That the wrongdoer was an employee of thedefender, and that the delict (wrongful act) was committed within the scope or course of his employment. If the employer is sued and found liable, then the insurance company can sue the employee for the amount that has been paid in damages which is unusual unless conduct has been willful, it is illustrated by the case of Lister V Romford Ice and Cold Storage Co (1957).Strict liability: The liability Where can arise without fault through statutory provision.The principle of no liability for pure economic loss has been qualified by some development in case law where there is financial loss caused by negligent misstatement and where financial loss is caused by careless acts in limited circumstances. In the case of Hedley Byrne & Co v Heller & Pareners(1964)In the case of Smith v Eric Bush (1989), the House of Lords held that such disclaimers could not exclude the liability of surveyor for negligent report as under the Unfair Contract Terms Act 1977it was not fair or reasonable to expect the purchaser to take the risk for losses arising form the incompetence of a surveyor.Question 2●DefencesThe following defences are available when concerned with liability in relation to both dangerous and non-dangerous species:Contributory NegligenceWhere the damage caused is due wholly to the fault of the person suffering itis said to be a defence under Section 5 of the Animals Act 1971.ViolentV oluntary assumption of the risk is a defence under Section 5 of the AnimalsAct 1971 but not if this risk is ordinarily incidental to that personsemployment. An example of this would be someone working as a lion tamersassistant.TrespasserUnder Section 5 of the Animals Act 1971 there will be no liability where thekeeper can prove that the animal was not deliberately kept to protect personsor property from trespassers of if it was that this protection was notunreasonable.In the case, the employer can use contributory negligence, consent and volenti non fit injuria and damnum fatale. In the case of Lister v Romford Ice and Cold Storage Co (1957), and in the case of Morris v Murray (1991),The defence of volenti was successful.Question 3Careless ActsThis is also known as the junior books liability after the leading case of Junior Books v V eitchi & Co(1982). That pure economic loss is generally irrecoverable, unless there are exceptional circumstances such as negligent misstatement or a special relationship akin to contract as in junior book. In addition, it should be noted that the junior book decision has been criticlsed in many subsequent court cases and should be read with caution.Case 3Question 1There are various defences available to a claim in delict and specifically covers the following: contributory negligence; consent and volenti non fit injuria; damnum fatale; immunity and prescription.There are many defenses available to be argued by a defender to an action. For example, defender could claim a defense on point of low. The defender could also claim that the pursuer‟s case was factually incorrect, i.e. A defense on point of fact.In the case(a), the Rap can use contributory negligence, consent and volenti non fit injuria and damnum fatale. In the case (b), the Margaret can use contributory negligence. In the case (c), He wants to use immunity to escape his liability.Question 2In the case(a), Jamesie intends to sue Rab for the injuries that he suffered as a result of his dangerous driving. the Rap can use contributory negligence, consent and volenti non fit injuria and damnum fatale to escape liability.In the case (b), Margaret attempted to apply the brakes as quickly as possible, but the bus driver was much slower to react, the defender is the bus driver, but his vehicle was unable to stop in time so the bus collided head on with Margaret‟s car. It is unexpected. At the same time, Margaret was not wearing her seat belt at the time of the collision, it is Margaret‟s negligence. So the defender coule use contributory negligence to escape liability.In the case (c), obviously, the Knockbuckle players, lost his temper脾气and kicked Gavin in the face during a scrum and he makes a excuse for this called that accidents will happen and anyone who plays the game knows this only too well. He wants to use immunity to escape his liability.Question3In the case(a), Jamesie got to the car and screamed at Rab to drive the car as fast as he could, so Jamesie has liability on the subsequent car crash, and in the case, we could find that Rab lost control of the vehicle, it is damnum fatale. Thus, Rap mightsuccessfully by use contributory negligence, volenti non fit injuria and damnum fatale to escape liability.In the case (b), the defender is the bus driver, he had out of control of his vehicle when the accident happened, so the bus collided head on with Margaret‟s car. It is unexpected. At the same time, Margaret was not wearing her seat belt at the time of the collision, it is Margaret‟s negligence. So the defender coule use contributory negligence to escape liability successfully.In the case (c), the Knockbuckle players, lost his temper and kicked Gavin in the face during a scrum and he makes a excuse for this called that accidents will happen and anyone who plays the game knows this. It is an intentional act, he wants to use immunity to escape his liability. I think It is chicanery and it never would have succeed.。
HND商法导论OUTCOME1答案
Outcome Covered 1Assessment task instructionsCandidates will be given one closed-book exercise consisting of ten restricted response questions for the assessment of Outcome 1. This exercise should take candidates approximately 30-45 minutes to complete.考生将获得1闭卷行使十个评估的结果1限制反应的问题组成。
这项工作应采取的候选人约30-45分钟才能完成。
分钟才能完成。
1 List the main sources of modern Scots Law.1名单现代苏格兰法律的主要来源。
名单现代苏格兰法律的主要来源。
Statute law, common law and European Union law2(a) What is meant by the doctrine of judicial precedent?2（一）什么是司法先例原则？（一）什么是司法先例原则？2(b) Give an example of a judicial precedent.2（b ）给出了一个司法先例的例子。
）给出了一个司法先例的例子。
3(a) Which is the superior legislative body: the Westminster Parliament or the Scottish Parliament?3（一），这是上级立法机构：威斯敏斯特议会或苏格兰，这是上级立法机构：威斯敏斯特议会或苏格兰议会？议会？3(b) Explain your choice of answer in part (a) above.3（b ）解释第（一）项的选择你的答案。
SQA-HND-商法-OUTCOME1 答案
Outcome 11. The two main areas of law are Criminal and Civil Law.- Criminal lawDefinition: deals with all types of offences过错and crimes, concerns itself with the recognition of what amounts to a crime and the punishments suitable for these recognized crimes.Criminal conduct is the behavior which threatens the safety and security of the community. So the offender should be punished by imprisonment or fine or some other sanctions. Examples: murder, culpable homicide, piracy, treason, armed robbery, supplying illegal drugs, fire raising, assault, fraud, theft, house breaking, dangerous driving, and breach of the peace)- Civil lawDefinition: concerned with non-criminal disputes and situation, including the following:a) The settlement of legal disputes between individuals and other bodies (example: divorce case).b) The payment of compensation from one party to another for loss or injury (example: a case where someone was claiming damages after being injured by faulty machinery at work).c) The setting of procedures to govern financial and other matters (example: the legal procedures to be followed when buying or selling a house).2. Sources of Scots Law are Statute Law, European Union Law, and Common Law or Judicial Precedent.- Common LawDefinition: is a numerous legal rules that form the part of unwritten laws of Scotland which has been handed down to us as customs and practices over the centuries.A major source of Common Law is the practice whereby judges make new rules of law will be followed by other court, so that it is legally binding rules.3. Doctrine of Judicial PrecedentDefinition: is a process involves a process whereby a judge can develop a rule of law by making a decision in a test case. A test case refers to the one in which clarification of an important point of law is sought, and judges after listening to opposite legal arguments will have to make the decision about which view of the law is correct. Once this decision has been made, future judges and course will be expected to follow the reasoning in the test case, if they are dealing with a case with similar legal issues.It must be emphasized that not every judge can make a new binding legal rule. The authority of the judge or court should be considered here, if the judge is relatively junior, he/she will be unlikely to be able to create a new rule of law. But on the other hand, if the rule comes from superior courts, this decision will be followed by the lower or inferior courts.Judicial precedent or case law is parts of the unwritten law of Scotland.Donoghue v Stevneson (1932)4. Westminster Parliament and Scottish Parliament (legislative body)Unlike the previous Scottish Parliament which was abolished by the Act of Union in 1707, the new Scottish Parliament is not a completely independence body. The Scottish Parliament is clear and inferior body compared with the Westminster Parliament.It is the Westminster Parliament from which the Scottish Parliament obtains its authority to pass laws for Scotland. So any legislation of the Scottish Parliament is thought to be secondary legislation.It is also necessary to know that a simple Act of the Westminster Parliament is all that it would take to abolish Scottish Parliament. Westminster Parliament has already abolished a local assembly.Acts of Parliament are often referred to as legislation or statute law until the creation of Scottish Parliament, the Westminster Parliament alone made laws for Scotland. However Westminster has given the Scottish Parliament authority in many different areas of policy to make statute law.Abolition of feudal tenure act 2000The Health and Safety at Work Act 1974Sale of Goods Act 1979Employment Rights Act 1996Protection of Children Act 20035. Civil Law v Criminal Law- Criminal Law is primarily used by the state as a means of maintaining law and border by punishing certain individuals who have the behavior as criminally and antisocially. The State uses the Criminal Law to punish criminals on behalf of the community or sociality.- The Civil Law is to resolve legal disputes between private individuals in such areas as 民事纠纷Family Law, Company Law, Partnership Law, Banking and Finance Law, Sale of Goods and Services Law, Consumer Law, Personal Injury Claims Law, and Divorce.- Different courts and standers of evidence and procedures exist depending on whether we are talking about a criminal action or a civil dispute.Conflict between Scottish and european lawIf there is a conflict between Scottish and European law, the court should obey the rules or laws under European law.The European Union is an organization of 25 member states. The members must obey the rules or laws in order to enjoy the benefits of membership.Britain has been a member of the European Union since January 1, 1973. because of the passing of the European Communities Act 1972 by the Westminster Parliament. It is this legislation that recognizes the supremacy of European Law over the domestic law. By the time Britain became a member of European Union 1973. Many of the important law were already in place and Britainhad to accept this as a price of membership of European Union. But if Britain decides to withdrawal from membership from European Union, then its national law will once again get supremacy.6. The Council of MinistersThe European ParliamentThe European Court of JusticeThe European CommissionThe first two have the power to make laws for the people of European.The third one enforces European Union Law.The forth one is effectively the unions civil service and it can propose law. It can also bring breaches of the varies European Union Treaties to the attention of the European courts of justice. The Commission is regarded as the EU Treaties guardian of the varies European Union Treaties.。
HND市场学导论outcome1【范本模板】
Marketing: An IntroductionContentsIntroduction (3)Marketing concept (3)Pay attention to market research (3)Corporate Profit (3)Pay attention to the marketing plan (3)Marketing Orientation and Customer Relationship Management (4)After Service (4)The marketing environment (4)Types of Marketing Environment (5)Marketing Research＆Information： (5)Find out en terprise’s problems and mistakes (5)Market Segmentation (5)Opponents of information (6)Marketing plan (6)Market research and information Introduction (6)Quantitative&Qualitative Research (6)Qualitative Research (6)In—depth interviews (6)Quantitative research (7)Face-to-Face surveys： (7)Segmentation ＆targeting (8)Research information (8)Market segmentation (8)Benefits of Market S&T (8)Conclusion (9)Reference (9)IntroductionThis report is writes for the Trusty—Land Food Company. The report consists of 5 point that includes the marketing environment segmentation and targeting，the market research and information and marketing conception。
HND 酒店管理Outcome 1
1. a2. 为了提高顾客的满意度，在商品的质量和数量上我们需要考虑以下两个方面：在质量方面1)我们应该和有声望的，可靠的合作商合作，以便商品质量得到保证。
2)我们应该比较供应商所给的样品质量，以免伪劣产品进入酒店。
3)我们还要对产品的成分进行比较，同时还要了解洗涤说明。
这样能使商品的使用时间变长，从而节约成本。
在数量方面1)我们应该先了解酒店的入住率和客房数量，以免床单等物品没干等情况。
2)我们需要考虑运输时间的长短，以便及时补充库存。
3)对于长期入住的客人，我们应该根据酒店的相关规定来更换床上用品，或者根据顾客的要求进行更换，这样能节约床上用品，还能保护环境。
1.a2. In order to improve the customer's satisfaction, we need to consider the following two aspects in the quality and quantity of the goods:In the quality:1) we should cooperate with reputable and reliable partners in order to ensure the quality of the goods.2) we should compare the quality of sample provided by the supplier, in order to avoid false and inferior products into the hotel.3) we should also compare the composition of product and understand the washing instructions. This will enable the use of goods to become longer, thus saving costs.In the and quantity:1) at first, we should understand the hotel occupancy rate and the number of rooms, so as to avoid sheets and other items did not dry and so on.2) we need to consider the length of transportation time, in order to replenish the stock in time.3) for long-term guests, we should be in accordance with the relevant provisions of the hotel to replace the bedding, or in accordance with the requirements of customers to replace, so that can save bedding and protect the environment.B1.对于酒店来说，这些material, equipment and linen是很重要的，因为酒店会经常使用它们。
HND市场学outcome_1_考题及参考答案
1 please describe the purpose and importance of marketing research to organisations.(expected response:approximately 200 words)Answering this question you'll be asked to interpret the meaning of marketing research first, then explain the importance of marketing research.An explaination of the importance of marketing research to include points such as: Definition of marketing researchReferenceMarketing research is a systematic, objective collection and analysis of data about a particular target market, competition, and other environment inluding internal and external environment. It always incorporates some form of data collection whether it be secondary research or primary research which is collected direct from a respondent.The marketing research aims at meeting the needs of its market where a company needs to understand its customers. With the change or development internal and external environment of company, the product market will varies from many factors such as customers' wants or demands.Since meeting consumers' needs is the basic commercial laws, and important for the company's survival and profits making, the company can do some efforts to create more customers' utilities (satisfaction) by marketing research. With the coming of the products' market growing and mature, the quantity of competitors increases, there is no more space available of prodcts' profits making. In order to survive, to keep the existing profit, or to increase the profit, company have motions to explore the potential markets by marketing reseach.2 expected response: approximately 300 words.(a)describe and distinguish between primary and secondary data.Reference :Primary data is the information collected for particular(specfic) purpose at hand. Secondary data exists somwhere, gathered for another purpose.The difference between the primary data and the secondary data can be listed as follows:Just as its name implies, primary data is the first hand information, while secondary data is the seond hand information. That is to say, primary data is field research which is gathered by an organisation for its own specific purpose. Seondary data is desk or library research which is gathered from the library and internal organisation, etc. So we can conclude that secondary data is started first, the more expensive, time-consuming primary research will be used only when missing information has to be collected by marketing research.Secondary data comes from both the internal database and information publicly available(marketing intelligence). While primary data can gathered from outside the organisation.There is the difference in the instrument of the two data. Primary data can gathered through survey . We can survey the targeting by mail, phone, or internet. It can collected through observation by ethnographic research, or sending its staff to observe. It also can gaghered information by focus group interivewing and by experimental research. While the secondary data can be sorted from public available information and internal information. the public available information may include government's report of industry, the news of competitors' website, the references form library, free industry research database, public limited company's information, etc.(b)idetify the advantages and disadvantages of using secondary data.AdvantagesReference:There are five main (key) advantages of secondary data. The fist, it is cheaper and can be obtained more quickly. The seond, Vast quantities of information covering a wide range of subjects are available. The third, since secondary data exists somewhere, it has already been analysed and processed. The fourth, organisations have gathered information over many years and trends and patterns can be identified so that the data is used because public receive it undoubtedly. The last, Governments produce statistics about markets and consumer habits, so if the change of environment can be neglected, the resources about markets can be used.The disadvantages of secondary data includes as follows:it is provided to pulic, so it can not provide specific information for a particular organisation, that is to say , the rivals possibly have the same accesses to gain the similiar information. It ages easily , so it is possibly out of date. Secondary data is not specially prepared for the specific problem of marketing, so the outcome maybe be biased.(c)identify different secondary soures which the organisation in the case study might use.Government statistics about social trends from the Annual Abstact ofStatistics.The financial accounts of rival company.Sales records from within the company to identify growing/declining areas.Newspaper articles about the latest toy crazes in America.Census figures which highlight population changes.Government statistics about the state of the economy.3 explain how the organisation in the case study might use different types of marketing research. Provide realistic and relevant examples of types of marketing research which the organisation could use to improve its current business situation.(expected 400 words)The company could carry out questionnaires in retail outlets, such as retailers and other middlemen by telephone, personal talk or online.the company could visit parent and toddler groups to observe how children play with toys.The company could invite pre-school children to play in the observation room exlusively bulit for research, the marketing managers could watch or observe the children's behavior by scanners or through the window outside the observation room.The company hire an well trained person who was good at marketing research to observe the parent and children's buying behaviors.The company could organise focus groups to discuss new products with groups of 10-12year olds. The company could create a flexbile and comfortabletalk/chat environment, start from an interesting topic so as to calm down the groups, then induct them to speak their true views on the exploration of the new product.The company could carry out the quesitonnaires to make sure the customers' buying preference and their habbits of buying toys , by this process, the company can gain some resources about the development of the new products for added customer market which can be described with 10-12year olds.The company could send out questionnaires to the toy buyers for exsitingproducts in different retail stores such as toy stores , super markets, etc. The contact methods are available which are mail, phone, personal talk, and online. Ifthe outlay for marketing research is enough , the suggested method is personal talk. Because this method is easy to control the quality of research.The company could organise focus groups to discuss exsiting products with groups of pre-school year olds. Since the customers' characteristic, the form of research maybe variable and flexible. Maybe playing games with them is available while carrying out research. By chatting with them, marketing managers or marketing researchers can know their needs for the toys.Since the industry is becoming even more competitive, gathering more secondary data of rival company's marketing activities is a quite right choice. We can analyse the rival companys' sales figures to see how they had adapted their product ranges. We can go to library for basic reference of rival company, we can gain the free data from the government statistics of industry, we can also gain the information of rival company on the internet ,especially on the rival company's website which includes formal information and informal information like BBS' news.For gathering more information of rival company, we can use the ethnographic research.we can hire a person specially trained for marketing research. The person will observe the buying behavior of their own consumers and rival companys' consumer, then analysis the difference between the two kinds of consumers. Finally give the different marketing strategy .The company could use secondary sources such as government statistics to identify changes in the market place.The company could gather information of book order of government for the primary scholar or pre-school children through the report of government 's work which can be received freely and through government authoritative website.。
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1.刑法和民法的定义。
Civil Law and Criminal Law ★Criminal Law is stipulated which behaviors are commit a crime, and what punish Proper suitable for the criminals. The punishment includes imprisonment and fine and so on.Civil Law is concerned with non-criminal disputes and situations, including:The dispose of legal disputes between personal and other bodies or organizationThe payment of compensation form one party to another for loss or injuryThe setting of process to manage financial and other matters2.举出6个民事纠纷例子☆ civil dispute caseLand disputes 土地纠纷Winding up of a corporate body 公司解体纠纷Personal injury claims 人身伤害纠纷Succession disputes 遗嘱纠纷Contractual disputes 合同关系纠纷Debt recovery actions 债务清偿纠纷3.犯罪的定义。
☆ What is a crime?Crime is Social ideology identify with that is Crime is antisocial, because it is antisocial, so threatens or undermines the security of society. Criminal behavior should be punished by the State by the imposition of a prison sentence and /or fine or other sanction on the man who is convicted of guiltExamples of criminal conduct include murder, Hi jack, kidnap, fire-raising, theft and fraud4.民法和刑法的区别。
What are the main differences between civil and criminal law?Criminal Law is stipulated which behaviors are commit a crime,Civil Law is concerned with non-criminal disputes and situationsCriminal civilHandler object: crimes legal person or individualProcess mode: punishments compensationcourt ： Criminal court civil court5.威斯敏斯特议会和苏格兰议会哪个权利更大。
★ Which is more powerful: the Westminster Parliament or the Scottish Parliament? Why?England Parliament is the supreme Parliament of the United Kingdom. It is composed of the House of Commons and the House of Lords. It’s United Kingdom‘s top lawmaker.Scottish Parliament’s rights comes from Scotla nd Act 1998, at the Act is passed by Westminster. Scottish Parliament will be able to make its own laws but can not beyond and contravene rights of man Act 1998 and Scotland Act 1998England Parliament‘s powerful enough to close the Scottish Parliament.6.现代苏格兰地区法律渊源。
★ sources of modern scots lawLegislation comes in three main forms:Statutory Legislation—Since Scotland and England merge for one country, laws passed by the UK and Scottish Parliament known as Acts.EU Legislation—UK to join the EU in 1973, passed implement by the European Union law. Delegated Legislation—laws passed by bodies lower than parliament e.g. local councils7.5个成文法的例子★Name five Acts of Parliament.公司法 Corporation Law 家庭法 family law 信息自由保护法 Freedom of Information婚姻保护法 Defense of Marriage Act 商品法 Commodity Act 财产法 law of property8.欧盟的主要4个机构（老的，新的是5个）的名字和作用。
欧盟委员会（European commission）欧盟理事会(the council of ministers) 欧洲法院（the European court of justice）欧洲议会European commission: a supervision role / the role of civil serviceThe council of ministers: the legislative roleEuropean parliament: advisory legislative roleEuropean court of justice: ensure the application of the lawOuther institution9.成文法和普通法的区别。
★A. Different sources of lawB. Different legal structuresC. Judge Permissions are differentD. Proceedings in differentCommon law is based on ancient local customs or reason, natural justice, common sense, principles of public policy, through the "follow precedent" principles of justice, at different times on the basis of the jurisprudence developed, consistent with the characteristics of justice, and to some judicial body of general application of common principles, rules in general. By the statute law is Parliament pass, according to the release of specific legal procedures to develop the system of legal documents.10.司法先例的概念和原则★ How do you describe the doctrine of judicial precedent? Examples of judicial precedent.Judicial Precedent, it is in provision in the legislation. The judge according to the just and fair for judgmentJudge is creating a precedent, and the decision be going too followed in the future in similar cases.even though there are some relevant legislation, even the legislation is opposite of this Case, It’s still used, but only the Case Which set by Lord Chancellor was as a statute, As the development of social civilization, legislative will overrule itDonoghue v Stevenson (1932)A bottle of ginger beer was bought, but on drinking it the plaintiff finds a snail in the cup. The shopkeeper and the manufacturer compensation Stevenson. Thus opened the precedent11.一些在苏格兰地区施行的法律The licensing (Scotland) Act 1975The divorce (Scotland) Act 1976The company Act 1985The insolvent act 1986The human right act 1974如果苏格兰和欧洲联盟的法律之间的任何冲突，哪一个应该苏格兰法庭遵循？为什么呢？If any conflicts between Scots and European Union Law, which one should the Scottish Courts follow? Why?European Union law.Because the UK is now a member of the EU. for the enjoy benefit as a member, the UK must obey the EU law. the UK has passed a bill to confirm its membership and accepted that the EU law shall be superior to its domestic law.。