Privity of contract：練習問題

• a.

  An equitable remedy used to enforce specific performance.

• b.

  A civil remedy for breach of contract.

• c.

  A criminal sanction under the Criminal Justice Act 2003.

• d.

  A form of private compensation paid directly to the claimant.

• a.

  In ADR, the state acts as the sole arbitrator, whereas in criminal law, the state has no involvement.

• b.

  In ADR, the state mandates that all parties go to prison if they fail to agree, whereas criminal law is purely voluntary.

• c.

  In ADR, the state provides the legal framework but usually does not initiate the process, whereas in criminal law, the state (via the CPS) initiates the prosecution.

• d.

  The state initiates ADR through the police, while criminal cases are started by private mediators.

• a.The court will automatically grant an Injunction as a matter of statutory right.
• b.The court may, at its discretion, award the equitable remedy of Specific Performance to compel the defendant to fulfill their obligations.
• c.The court must apply the literal rule of interpretation to determine if the contract can be voided.
• d.The claimant is entitled to Rescission only if the contract involves the sale of perishable goods.

• a.

  Civil remedies aim to compensate the victim, whereas criminal sanctions aim to punish the offender or protect the public.

• b.

  Civil remedies are decided by a jury in the Magistrates' Court, whereas criminal sanctions are decided by a claimant.

• c.

  Civil remedies must be proven beyond reasonable doubt, while criminal sanctions require a balance of probabilities.

• d.

  Civil remedies always involve a prison sentence, whereas criminal sanctions only involve fines.

• a.A criminal prosecution is initiated by the victim directly, while a civil claim is initiated by the Crown Prosecution Service.
• b.The civil claim aims to punish the defendant, whereas the criminal prosecution aims to compensate the victim.
• c.Both the civil and criminal courts use the 'beyond reasonable doubt' standard of proof for finding liability.
• d.The civil outcome typically involves an award of damages, whereas the criminal outcome involves a state-imposed sanction such as a fine or community order.

まず自分で答えを書いてから、解説と照らし合わせましょう。

まず自分で答えを書いてから、解説と照らし合わせましょう。

まず自分で答えを書いてから、解説と照らし合わせましょう。