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Law > Legal Principles & International Law > Flashcards

Legal Principles & International Law Flashcards

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1
Q

Civil Law - Definition

A

Disputes between private individuals and organisations

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2
Q

Civil Law - Terminology

A

Claimant and defendant
Defendant found liable

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3
Q

Civil Law - Aim of legal action

A

Compensation

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4
Q

Civil Law - Standard of proof

A

On the balance of probability

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5
Q

Civil Law - Main remedies

A

Damages, specific performance, injunction

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6
Q

Civil Law - Who brings the action?

A

Claimant

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7
Q

what are the different sources of law?

A
  • Statute law
  • Case law
    (statute law takes precedence over case law)
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8
Q

what is direct legislation and what is the process?

A
  • law made directly by parliament
    1. House of Commons, MPs debate bills and then vote to decide whether they should become laws
    2. Members of house of Lords use their experience in business to consider adv and disadv of a Bill and suggest improvements
    3. To create a new law (Act of Parliament) a Bill is passed through both houses of Parliament before gaining Royal Assent (formality when Monarch agrees to make the Bill into an Act of Parliament
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9
Q

what is delegated legislation?

A

Law made on behalf of parliament

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10
Q

what are examples of delegated legislation?

A
  1. Statutory instruments - made by government ministers
  2. Bye - laws : made by local authorities
  3. Orders in council - made by the privy council in the name of the monarch on the advice of the prime minister
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11
Q

what is doctrine of judicial precedent?

A

Some cases are binding (they must be followed in later cases) and others a persuasive ( a judge in a later case may choose to follow it but is not bound to do so)

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12
Q

what is the UNCISG?

A

rules of contract law which parties in different countries can choose to apply

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13
Q

what is choice of laws?

A

parties that enter contracts may agree in advance which countries laws will apply

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14
Q

what does the UNCISG apply to?

A

applies to the commercial sale of goods where the buyer and seller of the goods have their places of business in different countries

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15
Q

The United Nations Convention on Contracts for the International Sales of Goods 1980 (UNCISG) does not to which types of sale?

A
  • where supply of labour is a major part of the contract
  • where the buyer provides most of the materials for the goods
  • where the goods are bought for personal or household use
  • where the goods are sold by auction
  • where the sale relates to specific restricted products such as electricity, aircrafts and investments
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16
Q

Obligations of the seller under United Nations Convention on Contracts for the International Sales of Goods 1980 (UNCISG)

A

To deliver the goods to the place and at the time agreed in the contract

To deliver goods of the quantity, quality and description set out in the contract and to package them in the agreed manner

17
Q

Obligations of the buyer under United Nations Convention on Contracts for the International Sales of Goods 1980 (UNCISG)

A

To pay the price for the goofs and comply with any formalities to enable payment to be made

18
Q

What happens if either party fails to meet their obligations?

A

The other party can claim damages for loss suffered

19
Q

When does risk pass when carriage of goods is included in the contract?

A

At the time specified in the contract, or, if not specified, when goods are passed to the first carrier

20
Q

When does risk pass when carriage of goods is not included in the contract?

A

Where the buyer takes over the foods or when the seller pits them at the buyer’s disposal

21
Q

When does risk pass when the goods sold in transit?

A

When the contract is made, regardless of where the goods are

22
Q

What is ICC Incoterms?

A

Incoterms is the abbreviation of International Contract Terms
These are the standard terms used to form international contracts to promote uniformity

23
Q

Who is Islamic finance is governed by?

A

Sharia law

24
Q

Riba (usury)

A

The concept of unlawful gain in Sharia law. It is usually translated as interest.

25
Q

how do we avoid usury?

A

generating and sharing profits is allowed & therefore necessary to structure contracts along profit sharing lines

26
Q

What is sustainability?

A

describes a world of thriving economies and just societies based on what nature can afford.

27
Q

What legislation protects Environmental sustainability?

A

Environment Act 2021

Companies Act 2006

28
Q

What legislation protects Social sustainability?

A

Equality Act 2010

Employment rights Act 1996

National Minimum Wages Act 1998

Bribery Act 2010

Proceeds of Crime Act 2002

Money Laundering Regulations 2017

29
Q

What legislation protects Governance?

A

Data Protection 2018

Law (13 decks)

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