General

Question 1

civil vs criminal: terminology

Answer 1

civil = claimant + defendant
criminal = prosecution (state) + accused

Question 2

civil vs criminal: standard of proof

Answer 2

civil = probability
criminal = beyond reasonable doubt

Question 3

civil vs criminal: burden of proof

Answer 3

civil = claimant
criminal = prosecution

Question 4

civil vs criminal: brings the action

Answer 4

civil = claimant
criminal = the State

Question 5

civil vs criminal: aim of legal action

Answer 5

civil = compensation
criminal = punishment

Question 6

codify law

Answer 6

collecting and restating law

Question 7

delegated legislation

Answer 7

secondary legislation - created by specialist individuals/organisations as directed by Parliament - allows P to focus on the purpose of the statute whilst leaving the detail to the experts

Question 8

case law is based on which concept?

Answer 8

common / case law is based on judicial precedent. must be consistent - have to follow previous decisions made by other judges.

Question 9

UNCISG purpose

Answer 9

to facilitate international trade - source of contract law - can choose to apply

Question 10

sale of goods between parties in contracting states - does UNCISG contract law apply?

Answer 10

yes

Question 11

sale of goods between parties who refer to CISG in the contract - does UNCISG contract law apply?

Answer 11

yes

Question 12

sale of services/labour - UNCISG

Answer 12

no

Question 13

sale of goods where buyer supplies most of the materials for the goods - does UNCISG contract law apply?

Answer 13

no

Question 14

sale of goods for personal or household use - does UNCISG contract law apply?

Answer 14

no

Question 15

sale of goods by auction - does UNCISG contract law apply?

Answer 15

no

Question 16

which are restricted goods - UNCISG

Answer 16

electricity
aircraft
investments

Question 17

UNCISG - obligations of the buyer

Answer 17

to pay the price for the goods and comply with any formalities to enable payments to be made

Question 18

UNCISG - obligations of the seller

Answer 18

• to deliver the goods to the place + at the time agreed in the contract
• to deliver goods of the quantity, quality + description set out in the contract
• to package in the agreed manner

Question 19

incoterm - minimum obligation

Answer 19

EXW - ex-works - goods available at seller’s place of business

Question 20

incoterm - maximum obligation

Answer 20

DDP - delivery duty paid - seller bears all cost and risks from clearing goods for export, delivery and clearing goods for import at a named destination

Question 21

incoterm - ship only

Answer 21

FAS, FOB, CFR, CIF

FAS = Free Alongside Ship
FOB = Free On Board
CFR = Cost and Freight
CIF = Cost Insurance Freight

Question 22

do you have to apply UNCISG if you qualify for it?

Answer 22

no - can choose - simply to facilitate trade - SALE OF GOODS ONLY
not labour or when the buyer produces most of the goods