HND商法1答案

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HND 大综合1 GU1答案资料讲解

H N D大综合1G U1答案Section1Question 1:Part AGiven the competitive nature of the mobile telecommunications market analyse the likely advantages and disadvantages to Opal of establishing a partnership agreement with another company.12Advantages:Firstly, the partnership agreements can provide Opal with technology assistance. It allows Opal for the joint development of new products and the sharing of technology. Secondly, a Chinese partnership not only gives Opal access to local knowledge but also provides an air of acceptability that is important when conducting business in China. Thirdly, local firms’ well-reputation and wealth of experience will also help Opal to ensure that product development and customer service is specifically targeted at meeting the local needs and demands of the local market. Fourthly, companies in partnership can share the costs and reduce the risk.Disadvantages:As for the disadvantages, firstly, the own technology of Opal might be leaked because of the sharing of technology w hich may result in the loss of Opal’s competitive advantages. Secondly, in a partnership with others, the control power of Opal’s own company might be distributed because of the consideration of other partners’ benefits. Thirdly, firms need to share the profits and there might be conflicts since those companies are profitable organizations.PART BIdentify and justify possible options the senior management may have which will enable Opal to maintain its current levels of success and profitability. 8 Firstly, since Chinese market has enormous potential, Opal needs continue to invest in Chinese market to gain more market shares for its expansion.Secondly, Opal can sign the partnership agreements with more companies, to gain more comprehensive market information and share the technology and develop new products.Thirdly, in order to maintain the characteristics and good reputation, Opal needs to keep the strong stance in relation to the environment, use more green and environmental materials to produce ‘environmentally friendly’ products and services, and keep offering a comprehensive mobile phone recycling scheme.Fourthly, it is necessary to deepen the agreement with Huawei, since Huawei is a long established and well-respected player in the Chinese telecoms market. By doing so, Opal can achieve the further expansion.Question 2PART AAssess the strengths and weaknesses of Opal as they seek to expanding in the coming years. 12StrengthsFirstly, the further deregulation of the telecommunications markets enabled Opal to capitalize on a number of opportunities.Secondly, Opal has its core markets, and the recent ‘opening-up’ of the Chinese market is currently providing Opal with opportunities for further expansion. Thirdly, the mobile devices division has allowed Opal to sell their phones to competing networks allowing access to a much larger market.Fourthly, as their characteristic, Opal has adopted a strong stance in relation to the environment, and they were one of the first phone manufacturers in the world to offer a comprehensive mobile phone recycling scheme and offers environmentally friendly products and services.WeaknessesFirstly, the first hand-held phones were high priced because of the high research and development costs and the need for highly specialized production facilities. And this may cause the needs of a large amount of investment capital and the decrease in sales. Secondly, Opal is a medium sized producer of handsets, which means it owns limited produce resources and investment capital resources. It may not be able to meet the needs of cooperation with other companies.Thirdly, the regulatory complexities of operating within the Chinese market may hinder the development and expansion of Opal.Lastly, the regulatory complexities of operating within the Chinese market and the fierce competition may hinder the expansion of Opal and increase a certain level of risk.PART BChoose two Key values highlighted in Appendix 3 and for each, explain how it has impacted upon the company’s activities. 8Firstly, the customer deserves service excellence.Opal is a customer- focused organization. Enterprise's core value is to focus on customer service and its quality. By doing so, the customer satisfaction and loyalty can be established and then the growth of sales and profits can be achieved. According to the case, in order to enhance the quality and satisfaction of customer services, the Opal has established the Service Development Section and Customer Care Department. With the rapid development of technology, the Service Development Section is tasked to enhance the customer experience of the mobile and web-based services. And the Customer Care section is tasked to ensure that customer expectations are consistently met. Both of them are aim to provide customers with excellent services.Secondly, we accept that while we are driven by technology we will always aspire to drive technology.The development of technology can provide Opal with higher tech-competitiveness, and help it to develop new products and expand to larger market. As for Opal, they continue invest in other innovative products and market research, and has been very successful in identifying market trends and then using the latest technological developments to satisfy customer needs. And, there is a Special projects section in Opal which requires significant investment and provides the leading-edge technology required for mobile and others.Section 2Question1PART AEvaluate possible sources of finance that Gold could access as it seeks to expand its business operations.Firstly, issuing shares are a financing way that Opal can access. It can meet a part of the Opal’s capital needs during its expansion, even though the amount of share capital issued will be limited to the authorized share capital amount.Secondly, issuing debentures are a useful way too. Debentures are loans made to companies that carry a fixed rate of interest. However, the debenture holders need to repay the principles on time and they do not participate in the running of the company like shareholders do.Thirdly, even though both issuing shares and dividends are appropriate for Opal, there still some differences between them. The shareholders have the control right of the company, but the dividend holders do not. And, the dividends holders need to repay the principle on time, while it won’t be necessary for shareholders. Lastly, the shareholders can get benefits from the dividends while the debenture holders can get them from the interests.PART B找到一类可以同时满足Opal 公司股东和Opal 在中国市场合作伙伴用来检验企业效率的财务数据信息. 请解释这类数据是如何满足这些利益相关者要求的。

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）。

Hnd 商法考试答案(自己整理的)

1.Smair does not have a legally enforceable with Fairways for the purchase forthe Matsumoto golf clubs for 150, Because the contract consists of on offer and an acceptance, But the goods displayed in a shop window is not an offer.and it’s a willingness to negotiate.So they don’t constitute a contract. If smair wants to buy the set of golf clubs he must pay 15002.Samir and Susan are old friends If Susan wants to sue Samir and seek redressthe cost of her new designer outfit, the cost of her taxi fare and thed issappointment caused, the she can’t win. Because their don’t have acontract. Domestic agreement,social agreement, atreement binding in honor only and gambling or wagering agreement don’t have legal obligation.And Susan and Samir supper agreement belongs to social agreement. It is not a contractbual relation.They don’t have intention of creating legal relation so Susan can not obtain legal remedy3.When an offer is made by the post then the contract will be completed whenthe accept ance is posted-it doesn’t matter when the acceptance arrives.But Dougie campbell can the offer to samir.Because a contract’s establishment must be the accepter send effective notice to the offeror.And Samir use the instant messaging to send Dougie campbell a message.Buthe spells a wrong address. And Dougie Campbell doesn’t accept the acceptance. So their contract has no effect. This situation doesn’t apply to mailbox rule4.Samir con not insist that stuart sell the car to him for 4500. Because Samirsays to Stuart ‘I will give you 4000 for the car’ This is a counter offer. Its rde is to cancel the original offer and become a new offer. And the new offer is refused by Stuart. So their contract has no effect5.Robert makes a misrepresentation to Christine . Its goal is let Christine tobuy this car . And the misrepresentations include innocent M , fraudulent M , negligent M and concealment of facts . And Robert’s behavior belongs to fraudulent M . This kind of M is intentional . So Christine can sue Robert .On the contrary , if Robert can explain he doesn’t cause error in the substantials for Christine . The Robert can avoid his duty . Otherwise , he must undertake the duty .6.Christine is by the way of fraudulent M to establish the contract . So thecontract is deceitful and revocable . So the contract is no effect .7Christine suffers fraudulent misrepresentation. So he can get the legal remedy.The legal temedy indudes rescission of the contract, rescission of the contract and claim damages, trtention of the contract and claim damages. If the litigant only makes innocent misrepresentation, then adversary can only ressission of the contract. And the adversary can not get the claim damoges. 8If there is a breach of contract then the party can get a remedy for the breach.These temedies include damages, specific implement, rescission and defensive remedies. And the defensive remedies includes lien and retention.9Because of the special properties of the paingting and the unique value. And alasdair can not buy the same painting from the other places. So the most suitable for his way is specific implement. Specific implement is a equitableand limitary remedy. But the court is not always agree with the relief.Because the remedy will be allowed by the coutr in some specific circumstances.10Karen’s con tract with her business customers will terminate. Because frustration of contract and it must terminate. Because of the legislation is passed by the parliament. If both sides continue to perform the contract, it will become supervening illegality. Then the contract must terminate.。

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.。

HND个人理财参考答案

1.Credit cardAdvantage 3Power and Ease of Purchase - Credit cards can make it easier to buy things. If you don't like to carry large amounts of cash with you or if a company doesn't accept cash purchases putting purchases on a credit card can make buying things easier.of Purchases - Credit cards may also offer you additional protection if something you have bought is lost, damaged, or stolen.a Credit Line - Having a good credit history is often important, not only when applying for credit cards, but also when applying for things such as loans, rental applications, or even some jobs. Disadvantage 3Your Budget -- The biggest disadvantage of credit cards is that they encourage people to spend money that they don't have. Most credit cards do not require you to pay off your balance each month, so even if you only have £100, you may be able to spend up to £500 or £1,000 on your credit card.Interest Rates and Increased Debt -- Credit card companies charge you an enormous amount of interest on each balance that you don't pay off at the end of each month. This is how they make their money and this is how most people in the United States get into debt.Card Fraud - Like cash, sometimes credit cards can be stolen. They may be physically stolen or someone may steal your credit card number and use your card to rack up debts.How to avoid to pay interest on purchasethe outstanding balance in full by the due date which statement every month.up a direct debit to clear outstanding balance each month automatically.2.Non- cash paymentContactless paymentContactless is a fast, easy and secure way to pay. The purchaser taps the card reader with their card, waits for a beep and green light and the transaction is completed. From September 2015, the contactless card payment limit is being increased from £20 to £30. Beyond the limit, the customer has to use the chip and pin function to authorize the transaction using their PIN number.Advantages:1. Convenience. Tapping to pay is faster and more convenient than most other forms of payment. A contactless card, for instance, can be used without removing it from your wallet.2. Acceptance. Contactless cards are accepted at far fewer locations or retailers than other payment methods.Disadvantages:1. Less implicit. If you have multiple cards in your wallet and you pay without removing them, the winner is random luck. Sometimes, this can cause real issues (such as errors at transit settings).2. Less secure than chip-and-pin3.ISADefinition: The individual Saving Account is an account where interest and gains made on capital is not taxed at source.Features: 1. available to savers aged 16 or over. 2. ISAs are available to UK residents. 3. ISA was designed to encourage saver to invest ina wide range of saving or investments. 4. With stock and shares in a ISA, dividends are free if tax. Any capital gains on the stocks and shares are also tax fee. 5. The maximum you can save in ISAs is £20,000 (6 April 2018-5 April 2019) tax fee. 6. ISA can be saving accounts, share accounts or a combination of the two.There are four components within ISA.1. Cash ISA2. Stocks and shares ISA3. Innovative finance ISA4. Lifetime ISAHow to savingYou can save up to £20000 in one type of account or split the allowance across some or all of the other types.You can only pay £4000 into your lifetime ISA in a tax free.4.Personal loans in the UK1. Loan terms can usually be 1 year to 8 years (or 5 years), and the exact term depends on the amount borrowed.2. Personal loans are always unsecured.3. Interest on the loan is charged at a fixed rate for the full term.4. Personal loans usually available for sums of £1,000 to £50,000 (or £25,000), the maximum amount depends on financial institutions’ decisions and customer’ individual circumstances.5. Personal loan is created by transferring funds into the customer’s current account.Overdraft features1. An overdraft allows you to borrow a limited amount of money that banks have approved for you through your current account, and you can issue cheques to make payments up to that limit.2. Banks will only charge you interest and fee if you actually use it. The charge basedon the total amount of overdraft on daily basis. 3. Lower interest rates will be charged compare with the borrowing from credit card since the total amount of borrowed may decrease if your salary is paid to your current regularly.5.MortgageEquity release mortgageEquity release mortgage is the process of paying off one mortgage with proceeds from another mortgage using the same property as security. Advantage 31. The release pf equity that can be used for renovation work or expanding you home.2. No restrictions on renting the property out if there is no mortgage.3. The process for application is very quick since this is not the first time application.Disadvantage 21. It maximum loan is up to £25,000.2. You may be switching your short term debts to long term debts.1.Redundancy insurance policyRedundancy insurance, also referred to as unemployment protection insurance. It allows you to cover 50%-70% of your GROSS salary up to a maximum of £5000 per month Tax Free.Features: 1. Benefits are payable monthly usually after 30 days unemployment. 2. Payable until a return to work or the ceasing date.3. Can be in sole, joint cover or 2 separate names.4. Often linked accident or sickness insurance plans - although can be taken asseparate benefits.ASUYou can choose linked ASU. It is designed to provide you with financial protection in the event you are unable to continue working because: 1. You have lost you job through on fault of you own. 2. You become ill and are too sick to work. 3. You are injured and unable to work2.FactorsWhen they choose insurance, they can consider1. benefits/level of cover2. premiums payable3. Conditions and exclusion to the cover4. Do the premiums change5. Insurance performance6. One off charges1.Dividend rights1. no fixed rate of dividend.2. Dividend is paid after dividend at a fixed rate is paid on preference shares.3. At the time of liquidation, capital on equity is paid after preference shares have been paid back in full.4. These shares are most important part of a company’s capital.5. They carry the risk of the company’s failure.Companies sometimes closing the door and going out of business. Then, company pays its creditors first. Preference shareholders receive their share of the company’s assets based on the value of the shares they own. After that, any value remaining is dividend among the ordinary shareholders.2.Difference between unit trust and investment trust1. Unit trust are open-ended schemes of investment, which means there is no limits to the number of units can be created. Investment trustsare closed-ended: an investment trust has a fixed number of shares. 2. Unit trust is managed by a fund manager, who maintains the trust and tries to improve profit level, a separate organisation acts as trustee. The managers and the trustees undertake contractual obligations that are set out in the terms of the deed. Every investment trust has an independent board of directors. They are responsible for safeguarding shareholder interests. So, the managers and directors who exercise control investment unit can be the same person. 3. Unit Trusts can advertise to invite the public to buy units at any time. Investment Trusts are not allowed to advertise except for new issues. 4. Investment trusts do better than unit trusts over the long term, because many investment trusts use gearing. 5. Broadly speaking, an annual management charge for the Unit Trust can be up to % of the value of your funds. Broadly speaking, annual fee for investment trust vary from per cent to 1 per cent of funds under management1.The Data Protection Act 1998Information can be transferred to third parties in the following circumstances:1. To persons acting as the bank’s agents under a strict code of confidentially.2. Suspicion of commission of terrorist financing offence or for purposes of identifying terrorist property.3. With the account holder’s express agreement to name third party.4. As required by law or regulation.5. As required in relation to Money Laundering legislation.6. To credit reference and fraud prevention agencies and other organisations.PaymPaym enables you to send or receive money up to a daily limit set by bank using just a mobile phone. Before you start using mobile payments, you will need to register for paym and link your UK mobile phone number with you own bank account since paym only works between people who are registered for his service with their bankers. Paym usually pay back friends and family without having to withdraw cash. You don’t need to share bank detail. You can exchange payments with other paym user, no matter who they bank with. It’s free, secure and easy to use and payments are sent in a matter of seconds. However, there are some disadvantages, you can’t send a payment to someone whose mobile number is not registered for paym. There is no way of stopping the payment once you select confirm.Debit cardDebit cards are not a way to borrow money and you have to make sure that there are sufficient funds in your account to cover the payment. You can insert the debit card into the special card reader in the shop, and using the unique Chip and Pin to authorize the transaction instead sighing a receipt. Debit cards allow for payment to be debited by a shop or a company directly from your current account electronically. Debit cards are used with card readers in shops that contact your bank electronically to confirm the transaction. They can also be used to pay for things via the internet or telephone. It’s easy to obtain and convenience. However, it has no grace period and less protection.Credit cardCredit cards are a major source of short term borrowing. A card holder is given limit by the issuer based on their assessment of the credit worthiness of the card holder. If the account balance is paid in full, the card holder has enjoyed an extended period pf interest free credit. If the card holder does not pay their balance in full they must make a minimum repayment determined by the card issuing company. When the card holder does not pay their balance in full, interest is charged daily on the outstanding balances.ISAIndividual saving accounts are a government scheme to encourage more people to save or invest their money without paying any tax on the interest earned nor on income and any capital gains from investment in an ISA.The ISA allowance may change every year, so you should seek to maximize the year’s ISA allowance. In that way, you can reduce or eliminate the tax liability in relation to your savings and investments.You can’t hold an ISA with or on behalf of someone else.。

商法一期末考试题及答案

商法一期末考试题及答案一、选择题（每题2分，共20分）1. 商事主体的法律地位是由以下哪项确定的？A. 注册资本B. 经营范围C. 法定代表人D. 商事登记2. 商事合同的成立需要以下哪些条件？A. 要约和承诺B. 双方当事人C. 合同标的D. 所有上述条件3. 商事代理的法律效果归属于谁？A. 代理人B. 被代理人C. 第三方D. 合同双方4. 商事登记的主要目的是什么？A. 确定企业的经营范围B. 保障交易安全C. 规范市场秩序D. 所有上述目的5. 商事担保的类型包括以下哪些？A. 保证B. 抵押C. 质押D. 所有上述类型二、简答题（每题10分，共30分）6. 简述商事主体的分类及其特点。

7. 描述商事合同的一般条款应包括哪些内容。

8. 解释商事代理的法律效果及其对当事人的影响。

三、案例分析题（每题25分，共50分）9. 张三与李四签订了一份买卖合同，张三作为卖方，李四作为买方。

合同约定，张三应于2024年1月1日交付货物，李四应于交货后30日内支付货款。

然而，张三未能按时交货，李四因此拒绝支付货款。

请分析此案例中双方的权利和义务。

10. 某公司因经营不善，面临破产。

公司股东A向银行申请了一笔贷款，以公司资产作为抵押。

后公司破产，银行要求实现抵押权。

请分析银行的抵押权如何实现，以及股东A的责任。

四、论述题（共30分）11. 论述商事责任的类型及其在商事活动中的重要性。

答案一、选择题1. D2. D3. B4. D5. D二、简答题6. 商事主体通常分为自然人、法人和其他组织。

自然人作为商事主体，其权利义务由个人承担；法人作为商事主体，具有独立的法人资格，其权利义务由法人承担；其他组织如合伙企业等，其权利义务由组织成员共同承担。

7. 商事合同的一般条款应包括合同双方的基本信息、合同标的、数量和质量、价格和支付方式、履行期限、违约责任等。

8. 商事代理的法律效果归属于被代理人，代理人在代理权限内以被代理人的名义进行的法律行为，其法律后果直接归属于被代理人。

HND-商法导论 Outcome1答案

1.Sources of Scots Law are Statute Law, European Union Law, and Common Law2.the licensing (scotland)act 1975sale of goods act 1979employment rights act 1996the human rights act 1998dog fouling (scotland) act 20033.family law disputesland disputesemployment law disputes parliament is the superior legislative body .after theact of union in 1707, the new scttish parliament is not completely independent parliament is primary.5.a crme is behavior which is harmful to society.it will be punished.for example, murder, rape,theft,fraud，assault belong to crimes.6.it exists a conflict between scots and eu law ,the scottishcourts would have to obey the eu's legal system. eu is a club which has 27 member of the states.britain is a member of the club.so the britian must do its responesibility,and give up their own law.if the britain desided to quit the club ,the laws of the britain follow the domestic law .7.speaking exactly the council of ministers,with the advice of european parliament .cm and ep have the law-making powers.the european court of justice implement eu law .the eu commission can propose laws effectively.8.act of parliament are often considered as legislation . the statute is made uk parliament and the scottish parliament.9. A.Judicial Precedent is a process involves a process wherebya 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.B.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.C.It 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.D.Judicial precedent or case law is parts of the unwritten law of Scotland.E.Donoghue v Stevneson (1932)10. Criminal law is deals with all types of offences 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, piracy, fire raising, assault, fraud, theftCivil law is concerned with non-criminal disputes and situation.The settlement of legal disputes between individuals and otherbodiesThe payment of compensation from one party to another for loss or injuryThe setting of procedures to govern financial and other matters. example divorce case.。

HND商法导论 Assessment task 1

apply to the whole of the United Kingdom apply to Scotland
Passed by Scottish Parliament 苏格兰地方议会法
The Scotland Act 1998 means that the Scottish Parliament has the power to make laws on any topic not observed to the United Kingdom Parliament. Only one chamber. Start as a bill.
Delegated Legislation 授权立法
Also known as secondary legislation — this is law that can be made by other persons and bodies without having to introduce a Bill in Parliament and have to go through the Parliamentary process. This means that laws can be amended quickly if necessary or needed in an emergency. The power to do this comes from an Act of Parliament.
The European Parliament 欧洲议会— must be consulted（咨询） when laws are being debated（争议）, etc. It shares power with the Council in that it can approve, amend and veto（批准、修改或否决） laws. The European Court of Justice 欧盟法院— interprets（接受） the laws drafted and debated and approved by the other institutions. The Court clarifies the law for Member States where there is a dispute and with the Commission can hear actions against natural and legal persons, etc for non-compliance（不符合） with EU Law.

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1 List the main sources of modern Scot law 列出了现代苏格兰人的主要来源的律法The main sources of modern Scots Law are statute law, European Union law and common law.现代苏格兰法律的主要来源是成文法，欧盟法律和普通法2 A what's meant by the Doctrine of judicial Precedent ? 什么是指司法判例学说The judgement 判断made by a superior court高级法庭is the foundation of inferior court下级法院to judge a similar case .If a new statute comes out, the court should take the new statute as foundation. With the improvement of legislation, statue would become more and more, but juridical precedents will be decrease.审判由高级法院的基础是劣质的法院来判断一个类似的情况。

如果一项新的法令来,法院应当采取新的法令为基础。

随着改善立法、雕像将成为越来越多,但司法判例将减少。

3 A which's the superior legislation body? The westminster parliament or the scottish parliament?The westminster parliament is the superior legislation body.B explain your choice of answer in part AThe UK Parliament议会is the superior legislative body. The Scottish Parliament is not a completely 完全independent独立的legislative body and its power to make laws come from the UK parliament. The Scottish parliament is a inferior低劣body, and any legislative efficacy功效is a secondary legislation. The UK parliament can disband 解散the Scottish Parliament or overrule否决the acts of Scottish Parliament by only one act. 英国议会是更好的立法机构。

苏格兰议会不是一个完全独立的立法机构制定法律,其力量来自英国议会。

苏格兰议会是劣质的身体,和任何立法功效是一个次要立法。

英国议会能解散的苏格兰议会的行为或苏格兰议会否决仅仅由一个行为。

4 what's a statute? 什么是法律?Statutory legislation consists of laws known as statutes or acts of parliament. Some laws are made by UK parliament and only for Scotland. Later, Scotland gets the right from Westminster tomake its own laws in some areas.作为法定的法律法规或由议会法案称为法律。

有些法律是由英国议会和苏格兰只。

后来，苏格兰会从威斯敏斯特权利，使自己在某些方面的法律。

name 5 Act of parliament1) The licensing (Scotland) act 1975.执照（苏格兰）法案19752) The Divorce (Scotland) act 1976离婚（苏格兰）法19763) Sale of goods act 1979 1979年销售货物行为4) Employment rights act 1996 1996年就业权利法5) Protection of children (Scotland) act 2003儿童保护（苏格兰）法20036) Dog Fouling (Scotland) act 2003犬只粪便弄污街道（苏格兰）法20035 What are the main differences between civil law and criminal law in Scotland?Criminal law deals with all types of offences and crime incertain individuals and punishes criminals. But civil law deals with legal disputes between individuals in the areas such as family law, divorce, and payment of compensation.什么是交易的主体和刑事民事法律上的差异在苏格兰？刑法惩罚犯罪与所有类型的犯罪和违法行为，并在某些个人。

但是，民法的法律纠纷与个人之间的交易在地区的经验6 what's a crime? 4 examples of criminal behaviourthe crime is a behavior which indicates serious social harmfulness breach of criminal law and deserved punishment7 Provide 3 examples of a civildisputes 民事争端* Employment law disputes e.g. unfair or wrongful dismissal claims, unlawful discrimination and cases involving unauthorized deductions from wages.* Family law disputes (11custody or adoption of children).家庭法律纠纷（保管或收养子女的）。

** Divorce or separation actions.离婚或分居的行动。

* Debt recovery actions.债务追偿行动。

* Defamation of character. 诽谤的性格* Tenor or authenticity of a lost document.男高音或丢失文件的真实性* Succession disputes (wills).继承纠纷（遗嘱）* Trusts.* Personal injury claims.人身伤害索赔.Contractual disputes whether consumer or commercial in nature人身伤害索赔9 A In a conflict between scottish & EU law.which one of two systems are the Scottish Courts bound to follow?The Scottish courts bound to follow EU law.B explainAs a member of EU,UK has the right to enjoy the services of the organization,but he also has the obligation to take EU law as principle.欧盟的一员,英国有权享受服务的组织,而他也有责任采取欧盟法为主。

10 A What're the 4 most important instituations of the EU?Commission European,the Council of minister,European parliament, European court of justice欧洲委员会,部长理事会、欧洲议会、欧洲法院的公正性B Which of the Eu institutions has law-making power?The council of Ministers makes a law.European Commission proposes law-making , The Council of Minister makes law , European Parliament gives advice on law-making , The European Court of justice enforces the EU law. 部长理事会进行了法律。

欧洲委员会提出了立法,理事会部长的使法律,欧洲议会在立法提出建议,欧洲司法法院强制执行欧盟法。

Name, in order of importance, the two legislative bodies which can pass laws for the people of Scotland.The Westminster parliament. The Scottish parliament.条例，指示，决定，建议和意见What do you understand by the phrase "the primacy of European Union Law"?你怎么理解这句话“的欧洲联盟法律至上”The phrase "the primacy of European Union Law" refers to the fact that should there be a conflict between a European Union legal rule or provision and Scots Law, a Scottish Court would be obligated to implement the European provision at the expense of domestic law.这句话“的欧盟法律优先”指的是事实，应该有一个欧洲联盟之间的法律规则或法律相抵触的规定，苏格兰，苏格兰法院就有义务执行在欧洲的圆顶费用规定What is meant by the term "legislation"?这句话“的欧盟法律优先”指的是事实，应该有一个欧洲联盟之间的法律规则或法律相抵触的规定，苏格兰，苏格兰法院就有义务执行在欧洲的圆顶费用规定The term "legislation" refers to parliamentary law i.e. Acts of the Westminster Parliament or the Scottish Parliament. The phrase can also refer to Regulations (usually issued in the form of Statutory Instruments) which have been introduced by a Government Minister or other approved body deriving their authority from one of the Parliaments.所谓“立法”，是指法律的西敏寺议会议会或苏格兰议会，即行为。