hnd_商法outcome1考试_答案

1.刑法和民法的定义。Civil Law and Criminal Law ★

Criminal Law is stipulated which behaviors are commit a crime, and what punish Proper suitable

for the criminals. The punishment includes imprisonment and fine and so on.

Civil Law is concerned with non-criminal disputes and situations, including:

The dispose of legal disputes between personal and other bodies or organization

The payment of compensation form one party to another for loss or injury

The setting of process to manage financial and other matters

2.举出6个民事纠纷例子☆ civil dispute case

Land disputes 土地纠纷

Winding up of a corporate body 公司解体纠纷

Personal injury claims 人身伤害纠纷

Succession disputes 遗嘱纠纷

Contractual disputes 合同关系纠纷

Debt recovery actions 债务清偿纠纷

3.犯罪的定义。 ☆ What is a crime?

Crime is Social ideology identify with that is Crime is antisocial, because it is antisocial,

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

第 1 页 共 5 页 Case 1 Question 1  General principles of the law of delict The 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 „civil 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 care Negligence 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 care The standard of care varies according to the particular circumstances, in this case Mrs McGregor was seriously injured in a car crash because her brakes

Outcome 1

1. The two main areas of law are Criminal and Civil Law.

- Criminal law

Definition: 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 law

Definition: concerned with non-criminal disputes and situation, including the following:

a) The settlement of legal disputes between individuals and other bodies (example: divorce case).