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1、名词解释： 司法先例 Judicial precedentis the most influential of the common law sources. It is a kind of legislation that established by judge to bind people. When judge creating a precedent, they must obey the principle of the judicial precedent. There is a particular and famous case of Donoghue V Stevenson
2、议会法案 Laws made by parliament itself. Laws pass by both UK parliament and Scottish parliament known as Act. Act of parliament are some legislation passed by UK parliament. Most Acts apply to the whole of United Kingdom.欧盟法律类型： 欧盟法主要分为基本法和派生法。 基本法包括成立欧 盟及其前身欧共体的国际条约以及后续修改的一系列条约。 例如罗 马条约欧洲单一法案欧洲联盟条约。派生
3、法是欧盟议会， 欧盟理事会等主要机构根据基本条约已解释条约和执行条约的方式 制定的，具有国内法属性的规定，指令，决定等。经典法律著作 Books, papers which were established by famous legal scholars. It can be quoted still in court case. When no judicial, judge can cited some theory in Institutional writings. But it has less authority than legislation and judicial pre
4、cedent 简答 1 解释习俗惯例的概念在苏格兰法中的角色 Common law is behaviors that approved by people for a long time and therefore obtain the force of law. It is unwritten law. AS a social norm, custom has the character in both mandatory and habitual. Custom is another source of Scots law used seldom nowadays.2解释授权立法的概念D
5、elegated legislation is made up of orders, rules and regulations that made by organizations lower authority than parliament. The organizations making it must be given power by parliament.3解释合同的要素五个Judge if there exist legally binding contract. It has to match with five essential elements. The first
6、is agreement, it is a series of behavior to finish a contract, and it contains offer and acceptance. The second is at least two contract parties, to setup a contract there must be at least two contract parties, one to give offer another to acceptance. The third is legal obligation, it represent ther
7、e are someactual benefits and loss occurred under the contract. The fourth is consensus ad idem, it represent parties of contract reach a consensuson specific. People can fully understand a contract and their role in it. The last is intention to create legal relations, to create a contract there mus
8、t be a common intention of the parties to enter into legal obligation, mutually communicated expressly or impliedly. It is open for the parties to use express langue to indicate intent to impose legal obligations on each other.4 合同违约的补救方式四个 the first is remedies damage and rescission. As a remedy fo
9、r breach of contract, damages require people who breached the contract compensatefor one part who suffered breach of contract in money. What s more, the party who caused the breach will not be punished.Rescission is that a person who breached the contract led to some great mistakes in the content of
10、 contract and make unfair between parties. People who suffered breach of contract have a right to rescission. Rescissions contain material breach of contract and partial breach of contract. Other three kinds of remedies for breach of contract are specific implement, lien and retention. Specific impl
11、ement contain positive and negative specific implement. Positive specific implement require people who breached contract to finish their obligations. Negative specific implement require people who breached contract to stop doing something. Line is that creditor have right to take up the moveable pro
12、perty of debtordoes n carry out obligati ons of con tract in time. Accord ing to law, the creditor can implement lien to debtor until debtor carry out obligations of con tract, debtor cannot take the moveable property away. Rete ntio n is that if a party of con tract does n t carry out his obligati
13、on of con tract.案例分析1个人独资企业的优缺点Advantages: 1.he has exte nsive aut onomy on running his bus in ess. He can full con trol over the flower bus in ess and make decisi on by himself.2.Flexible operatio n patter ns.3.成立方式，决策权，个人接触，利润独享。Disadvantages 1. it is difficult for him to raise fund rapidly. 2. Th
14、e en terprise scale is small. The market to sell goods is small, so he can hardly expe nd his flower bus in ess.3.不稳定抗风险能力差4.运营模式 种类单一缺技术。2合伙企业的优缺点Advantages： 1.part nership in creases more tech no logy, experie nee and more ideas. 2. Contrast with sole trader, limited partnership can raise capital
15、rapidly. And the way to con tributive is flexible.3. 合伙人可共同 承担风险和责任。Disadvantages1.There may be some Argue between partners.2. There is a jointly and several liability in the aspect of debt repayment. (if there are some debts in running this flower business. But Lucy as a partnership has no ability
16、to pay this debts. Xing is the individual partners of this business. He will become personally liable for the partnership debts.)3. 与有限责任公司 相比资金有限 4. 合伙企业不稳定。3 有限责任公司建立的法律程序Xing choose limited company, there are some legal requirements. Firstly, it involves registration being made to Companies House. Secondly, the company Act 2006 requires certain official documents to be submitted to them. For example, a memorandum of association,
