HND 商法导论 outcome1
HND商务信息与通讯技术OUTCOME1
Part 1: Identify and evaluate the role of business information in decision-making.Question 1:Strategic ManagementStrategic management is responsible for making decisions that affect whole company. These decisions are generally very complex and unstructured .They make long-term decisions.Internal: The market trends. If the company can observe the index，it will understand the needs of the company ，so as to decide it will produce the products to gain more profi t.External: the staffing needs. If the ∞mpany can improve employee benefits，increase their rewards ，it will make employees have more power.Tactical ManagementTactical managers are the middle managemen t. They make medium-term de c isi o ns a忏'e c ting budget s，monit o ring oper a tions，d e v e lo p ing poli ci e s，obta in ing res o urc e s. Tactical manag e rs d ev elop tactics to ac hie ve the overall strategic aims and objectives set by the strategic manager.Internal: The budgets. If the company has a budget process，it will be able to control the budget and control the company's cash position. And the enterprise capital will become more f lexible .External: If the enterprise has the fixed suppliers，it will guarantee the quality of enterprise products and save operating time，thus enhances the enterprise the competitive ability and increase more profits.Operational ManagementThe operational manager is the first line manager or supervisor. They areresponsible for the day-to-day opera甘ons of the business.Internal: If the enterprise sta仔attendance record eve叩day，it can work outa plan for a more perfect plan according to the info rmat ion，so that employees work more e仔icient ly.External: Th e customer needs. If the enterp川se understand cus tomer needs，its products to attract customers and increase income.Senior ManagementStrategicTactical Middle ManagementOperationalQuestion 2:"Enterpri se resource planning is a cross-functional enterprise sys tem driven byan i nt egrated suite of so仕ware modules that supports the basicinterna lbusiness proωsses o f a ∞mpany." ERP gives a compa ny an integra ted real-time view of i怡core business processes such as production，orderprocessing，and inventory management，tied together by ERP applicationssoftwa r e and a common database maintained by a database managementsystem. ERP systems track business resources (such as cash，raw materials，Me n gj i e In fonnation an d Communi c a tio ns Techn o l o gy in B usiness16/ 10/ 2013and production capacity) and the status of commitments made by the business (such as customer orders，purchase orders，and employee payroll)，no matter which department (manufacturing ，purchasing ，sales，accounting ，and so on) has entered the data into the system. ERP facilitates information f10w between all business functions inside the organization，and manages connections to outside stakeholders. (Wikipedia ，2013)This information system would support decision-making at strategic levels.•ERP provides support to upper level management to provide them with critical decision making information.This decision support allows the upper level management to make managerial choices that enhance the business down the road.•ERP also creates a more agile ∞mpany that better adapts to change. ERP makes a company more f1exible and less 时gidly structured so organization components operate more cohesively，enhancing the business-斗nternally and externa11y.•ERP can greatly improve the quality and efficiency of a business. B y keeping a company's internal business process running smoothly ，ERPcan lead to bett e r output s that b e nefit th e c ompany su c h as c us tom e rs e rvi ce，and manufactur i ng."Customer relationship management is a model for managing a company's interactions with current and future customers." It involves using technology to organize ，automate ，and synchronize sales，marketing ，customer service ，and technical suppo凡(Wikipedia ，2013)This information system would support decision-making at operational levels.•Access control is crucial for the SCM too l. On the one hand，since this is team development ，may need to limit certain members of the authority;The sub-project of the especially big projects tend to be involved in outsourcing ，at the end of the alignment stage will involve a lot of different units，need more rights managemen t. Access control ，on the other hand，Me n gj i e In fonnation an d Communi c a tio ns Techn o l o gy in B usiness16/ 10/ 2013also reduced the possibility of wrong operation，indirect improve the availability of the SCM too l.•SCM tools record programs and files modified tr司ectory，track change informat i on，make the software development work completed in Baseli n e(Baseline) gradual wa弘avoiding the un c o n trolled software developme n t situation ，make development status in order."Sup p ly chain management is the management of the flow of goods. It includes the mo v emen t and storage o f raw materials ，work-in-process inventory，and finished goods from point of origin to point of consumption ." Interconnected or inte r linked networks，c hannels and node businesses are in v olved in t he provision of products and servi c es required by end customers in a supply chain .Supply chain management has been defined as the "design，plann i ng，execution，control ，and monito时ng of supply c hain a c ti v ities with the objective of creating net value，build i ng a competitive infrastructure ，leveraging worldwide logistics，synchron i zing suppl y with demand and measuring performance globally." (Wikipedia ，2013)Thi s in for m a t i on s y s tem woul d s up po rt d ecis io n-m aki ng at o p e r ation a川eve l s. .. C RM i s n ot o nl y o ne i n t he fa c e o f cus t o me r ma rk et i n g a n d se rv ic e department，also is a bus i ness departments can share information and resources pla仔'o rm for the automation work，in order to maximize the mining and coordination of enterprise resources ，expand the survi v al space and potential.•CRM is customer information into positi v e customer relationsh i p and the working process of the cy cle. Through the CRM can more trulyc omprehensive colle c tion，analysis of c ustomer information ，to pro v idecustomers with multi-angle，all-round service.Question 3:"The Data Protection Act 1998 is a United Kingdom Act of Parliament which defines UK law on the processing of data on identifiable living people. It is the main piece of legislation that governs the protection of personal data in the U K. Although the Act itself does not mention privacy，it was enacted to bring UK law into line with the EU data protection directive of 1995 which required Member States to protect people's fundamental rights and freedoms and in particular their right to privacy with respect to the processing of personal data." (Wikipedia ，2013)1 think it necessa叩for enterprises to use the Ac t.It can better protect corporatedata and information，to reduce a lot of business risk."The Copyright，Designs and Patents Act 1988 (c. 48)，also known as the CDPA，is an Act of the Parliament of the United Kingdom which received Royal Assent on 15 November 1988. It reformulates almost completely the statutory basis of copyright law (i ncluding pe斤。
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考试_答案
1 S ources of modern Scots Law.Statute law, common law and European Union law2 How do you describe the doctrine of judicial precedent? Examples of judicial precedent.It means that a judge can make law when there aren't legislation or precedents for him to use to deal with the case in his hand. In doing so, the judge or judges listen to arguments of all parties to decide which view of law is right. This case is called test case. They make their decision and then future judges should follow the reasoning in the test case . Not all the judges have the authority to make precedents. Junior judges usually can not do this. Ruling made by superior court must be followed by lower court.3 Which is more powerful: the Westminster Parliament or the Scottish Parliament? Why?The Westminster Parliament is superior. On the one hand, Scottish Parliament passes laws within the power conferred by the Westminster. On the other hand, the Westminster can abolish Scottish Parliament by passing an act.4 What is a statute?A statute is where a legislation is written down. A legislation made by parliament is called Act of Parliament, and also known as a statute.5 Name five Acts of Parliament.The licensing (Scotland) act 1975The divorce (Scotland) act 1976Abolition of poundings and warrant sales act 2001Dog fouling (Scotland) act 2003The health and safety at work act 1974Sale of goods act 1979Employment rights act 1996Protection of children (Scotland) act 20036 What are the main differences between civil and criminal law in Scotland? Criminal law is to maintain law and order by punishing criminals. The punishments includes imprisonment and fine and so on.Civil law is to resolve legal disputes between individuals such as divorce, personal injury, contractual disputes, sale of goods, etc.Criminal and civil cases are dealt with by different courts, who use different proof rules and follow different procedure.7 What is a crime? (You should list four examples of criminal behaviour)A crime is a kind of behaviour which threatens or destroys social security and should be punished by the state.Murder, rape, treason, theft, manslaughter, robbery, bribery, fraud, etc.8 E xamples of a civil dispute.Contractual disputes, employment disputes, debt recovery, divorce, personal injury, land diputes9 If any conflicts between Scots and European Union Law, which one should the Scottish Courts follow? Why?European Union law.The UK is now a member of the EU. In order to enjoy the benefit as a member, the UK must obey the EU law. The UK has passed an act to confirm its membership and accepted that the EU law shall be superior to its domestic law.10 List the four most important institutions of the European Union and Which of them has law-making powers?1 The Council of Ministers.2 The European Parliament.3 The European Court of Justice.4 The European Commission.The Council of Ministers and the European Parliament has law-making powers.1 Examples of The European Union can make legal rules.Regulations, Directives, Decisions, Recommendations and Opinions2 “the primacy of European Union Law”?It means that when there is a conflict between EU law and Scots law, a Scottish court implements the EU law instead of Scots law.4 What is …legislation‟?Legislation refers to laws passed by the parliaments. These laws are Acts of Parliament. Besides, there is delegated legislation, which is made by bodies lower than the parliaments and authorized by the parliaments.5 Which of the two legislative bodies is more important?The Westminster Parliament is more important than The Scottish Parliament.6 What does the XXX (Scotland) Act mean?It means that this legislation is made by Scottish Parliament and applys to Scotland only.8 What is the burden of proof in a criminal trial which a prosecutor mustachieve in order to convict the accused?The prosecutor must clearly prove the accused is guilty beyond any reasonable doubt.9 What is …common law‟?Common law is an important part of the unwritten law of Scotland. It includes judicial precedents, custom, equity and institutional writings.1现代苏格兰法律的来源。
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）。
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outcome1考题及参考答案
HND市场学outcome1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 research◆Marketing research is a meth od or instrument by gather(collect),sort(process), analyse, interpret information and finally draw anuseful conclusion the company's marketing strategy will benefit from. Explain the importance of marketing research, you will be suggested as follows:◆to meet the needs of its market where a company needs to understandits customers.◆Companies use marketing research to identify ther potential markets.◆Marketing research helps organisation create satisfied customersthrough the provision of the right goods(products), in the right place, at the right price, with the right information(promotion).ReferenceMarketing research is a systematic, objective collection and analysis of data about a particular target market, competition,and otherenvironment 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. At the same time, customers' satisfaction will be maximized if they are provided the right prodcts, in the right place, at the right price and with the right promotion(abbreviated 4P in next text). The 4P's product mix is closely correlated with the 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.◆ a definition of primary data◆ a definition of secondary dataA comparison of primary and secondary data such as:◆Primary data is firt hand infor mation, secodary data is thesecondhand information.◆Primary data is field research.◆Secondary data is desk or library research.◆Primary research can be gathered through questionnaires, focusgroups or obserbations, etc.◆Secondary data can be gathered from within the company, or outsidethe company.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 isgathered 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. AdvantagesRelatively cheap and easily accessible.◆Vast quantities of information covering a wide range of subjects areavailable.◆Data has already been analysed and processed.◆Organisations have gathered information over many years and trendsand patterns can be identified.◆Governments produce statistics about markets and consumer habits. Disadvantages◆Not specific to a particular organisation.◆Possibly out of date◆Not exclusive to a particular company, so is also available to rivals.◆Analysis to the data may be biased.Reference: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/decliningareas.◆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 andrelevant 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 q uestionnaires in retail outlets, such asretailers and other middlemen by telephone, personal talk or online.◆the company could visit parent and toddler groups to observe howchildren play with toys.◆The company could invite pre-school children to play in theobservation 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 marketingresearch to observe the parent and children's buying behaviors.◆The company could organise focus groups to discuss new productswith groups of 10-12year olds. The company could create a flexbile and comfortable talk/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 thecustomers' 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 customermarket which can bedescribed with 10-12year olds.◆The company could send out questionnaires to the toy buyers forexsiting products in different retail stores such as toy stores , supermarkets, etc. The contact methods are available which are mail, phone, personal talk, and online. If the outlay for marketing research isenough , 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 exsitingproducts 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 outresearch. By chatting with them, marketing managers or marketingresearchers can know their needs for the toys.◆Since the industry is becoming even more competitive, gatheringmore 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 theinternet ,especially on the rival company'swebsite which includes formal information and informal information like BBS' news.◆For gathering more information of rival company, we can use theethnographic research.we can hire a person specially trained formarketing research. The person will observe the buying behavior oftheir own consumers and rival companys' consumer, then analysis the difference between the two kinds of consumers. Finally give thedifferent marketing strategy .◆The company could use secondary sources such as governmentstatistics to identify changes in the market place.◆The company could gather information of book order of governmentfor the primary scholar or pre-school children through the report of government 's work which can be received freely and throughgovernment authoritative website.上一页下一页。
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。