Chapter 1 Flashcards
Civil law deals with disputes involving
private individuals and organisations
Criminal law deals with cases where
one party is accused of committing a criminal offence
Two categories of law in the English legal system
civil and criminal law
What is the purpose of civil law
to provide financial redress or other remedy that meets the needs
Examples of cases heard under civil law
Breach of contract and professional negligence
Parties in civil law
claimant and defendant
Burden of proof in civil law
Is with the claimant
Standard of proof under civil law
balance of probability (more probable than not)
Remedy or penalty under civil law
usually award of damages, other non-financial remedies are available. No concept of punishment
Who brings the case in criminal law
the state
Civil law, do parties have option to settle case out of court even if began hearing it
Yes
Criminal law - once a case has begun it will continue until
verdict is reach, unless becomes clear shouldn’t have been bought in the first place
Parties involved in criminal law
State (prosecution) and accused
Burden of proof in criminal law lies with
prosecution
Standard of proof in criminal law
beyond reasonable doubt (satisfy jury the accused is guilty, if any doubt jury should acquit)
Remedy or penalty for criminal law
no direct remedies to the injured party if the accused is found guilty. Remedies may be available under civil law if the accused caused loss or damage recoverable under civil system
Purpose of criminal law system
to punish those found guilty of committing crimes e.g. put into prison, pay fine
Primary legislation
acts of parliament - can create whole new laws and put case law on statutory basis, consolidate existing legilsation.
Enabling legislation is created
to give individual or body power to create laws in the form of secondary legilsation
Codifying legislation
Gives case law a statutory basis
Consolidating legislation
Brings together different pieces of legislation into a single document
What is created when a specific body or individual creates laws in accordance with an Act of Parliament
Secondary/delegated legislation
Purpose of delegated legislation
allow parliament to focus time on creating purpose and objectives of a statute while leaving details to be created by others to save time or utilise their experience.
Statutory instrument
common form of delegated legislation. authorises ministers or departments to create the detial of the law
Case law
law that has evolved over time as disputes between parties are held in court
What does the principle of judicial precedent say
principals of English law should be consistent and must not become inoperative through lapse of time
Choice of laws
where parties enter into international contracts, they may agree in advance which laws will apply in the event of a dispute
UNCISG (UN Convention on Contracts for the International Sale of Goods)
source of contract law which parties in different countries can apply to their deailing
Scope of UNCISG
commercial sale of goods where buyer and seller have places of business in different states
Does the UNCISG apply in the following sale
Supply of labour is major part of contract
No
Does the UNCISG apply in the following sale
Buyer provides most of the materials for the goods
no
Does the UNCISG apply in the following sale
Goods are bought for personal/household use
No
Does the UNCISG apply in the following sale
Goods are sold by auction
No
Does the UNCISG apply in the following sale
Sale relates to specific restricted products (electricity, aircrafts and investments)
No
UNCISG - obligation of buyer
pay price for goods and comply with any formalities to enable payments to be made
UNCISG - obligations of seller
- deliver goods to place and time agreed in contract (follow rules in convention if not set out)
- If no time of deliver set out, deliver goods within reasonable time of contract being formed
- Deliver goods of quantity, quality and description set out in contract and package in agreed manner. If not set out, follow conformity requirement in convention
If either party fails to meet obligations under UNCISG
the other party may recover damages for any loss suffered
UNCISG Carriage of goods included - when does risk place
place indicated in contract, or when first transferred to first carrier for transmission to buyer
UNCISG - Carriage of goods not included when does risk pass
Time and place where buyer takes over the goods or goods are placed at their disposal
UNCISG - goods sold in transit - when does risk pass
moment when contract is concluded, even if goods are still in transit
ICC Incoterms
EXW
FCA
CPT
CIP
DAP
DPU
DDP
ICC Incoterms goods transported at see
FAS
FOB
CFR
CIF
Riba
concept of unlawful gain (interest)
Sharia - savings accounts
customer lends bank money, they are an investor and the bank is fund/asset manager
Sharia - loans
bank purchases asset from the seller for agreed price and sells back for a profit
Environmental sustainability - legislation supporting the principal
Environmental Act 2021
Social sustainability - legislation supporting the principle
Equality Act 2010
Governance - Legislation supporting the principle
Bribery Act 2010
POCA 2002
ML regs 2017
Data Protection Act 2018
Environmental Act 2021
Allows better environmental protection to be enshrined into law.
Provides government with powers to set binding targets (air quality, water, biodiversity and waste reduction)
Equality Act 2010
Sets out statutory powers that make it unlawful to discriminate against person because they have a protected characteristic
ML regs 2017
Provide rules that prevent criminals and terrorists gaining finances from illegal actions
Data Protection Act 2018
Protects individuals from holding and sharing of excessive personal data, sets out requirements for permissions, types of data and how long personal data may be held
EXW
Ex-works - Incoterm1
FCA
Free Carrier - Incoterm 2
CPT
Carriage Paid To - Incoterm 3
CIP
Carriage and insurance paid to = Incoterm 4
DAP
Delivered at place - Incoterm 5
DPU
Delivered at place unloaded - Incoterm 6
DDP
Delivery Duty paid - Incoterm 7
FAS
Free alongside ship - goods at sea incoterm 1
FOB
Free onboard - goods at see Incoterm 2
CFR
Cost and freight - goods at sea term 3
CIF
Cost insurance and freight - goods at sea term 4
