General Flashcards
civil vs criminal: terminology
civil = claimant + defendant
criminal = prosecution (state) + accused
civil vs criminal: standard of proof
civil = probability
criminal = beyond reasonable doubt
civil vs criminal: burden of proof
civil = claimant
criminal = prosecution
civil vs criminal: brings the action
civil = claimant
criminal = the State
civil vs criminal: aim of legal action
civil = compensation
criminal = punishment
codify law
collecting and restating law
delegated legislation
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
case law is based on which concept?
common / case law is based on judicial precedent. must be consistent - have to follow previous decisions made by other judges.
UNCISG purpose
to facilitate international trade - source of contract law - can choose to apply
sale of goods between parties in contracting states - does UNCISG contract law apply?
yes
sale of goods between parties who refer to CISG in the contract - does UNCISG contract law apply?
yes
sale of services/labour - UNCISG
no
sale of goods where buyer supplies most of the materials for the goods - does UNCISG contract law apply?
no
sale of goods for personal or household use - does UNCISG contract law apply?
no
sale of goods by auction - does UNCISG contract law apply?
no
which are restricted goods - UNCISG
electricity
aircraft
investments
UNCISG - obligations of the buyer
to pay the price for the goods and comply with any formalities to enable payments to be made
UNCISG - obligations of the seller
- 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
incoterm - minimum obligation
EXW - ex-works - goods available at seller’s place of business
incoterm - maximum obligation
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
incoterm - ship only
FAS, FOB, CFR, CIF
FAS = Free Alongside Ship
FOB = Free On Board
CFR = Cost and Freight
CIF = Cost Insurance Freight
do you have to apply UNCISG if you qualify for it?
no - can choose - simply to facilitate trade - SALE OF GOODS ONLY
not labour or when the buyer produces most of the goods
