ACCA/CAT - F4 - 查题吧

P1
P4
P7
P2

问答题

‘These premises are not staffed by our employees and may be dangerous. Clients use these facilities strictly at their own risk and Bash Ltd accept no liability whatsoever for any damage or injury sustained by either those using this facility or their vehicles or property, no matter how caused.’<br>Andy was aware of the sign, but had never paid much attention to it. However, one day he returned to his car to fi nd that it had been badly damaged by a towing vehicle driven by an employee of Bash Ltd. Whilst on his way to the car park offi ce to complain he was hit by the same towing vehicle, which was clearly being driven dangerously by one of Bash Ltd’s employees. As a result, not only was his car severely damaged, but he suffered a broken leg and was off work for eight weeks.<br>Bash Ltd has accepted that its employee was negligent on both counts but denies any liability, relying on the exclusion clause.<br>Required:<br>On the understanding that the clause excluding Bash Ltd’s liability was incorporated into its contract with Andy,advise Andy whether there is any action he can take against Bash Ltd.(10 marks)

问答题

(10 marks)

问答题

(a) In relation to the law of contract, define and explain consideration. (3 marks)<br>(b) Explain the following statements regarding consideration:<br>(i) consideration must be sufficient but does not have to be adequate; (3 marks)<br>(ii) past consideration is not good consideration. (4 marks)

问答题

In relation to company law, explain:<br>(a) the limitations on the use of company names; (4 marks)<br>(b) the tort of ‘passing off’; (4 marks)<br>(c) the role of the company names adjudicators under the Companies Act 2006. (2 marks)

问答题

In relation to the law of contract, distinguish between and explain the effect of:<br>(a) a term and a mere representation; (3 marks)<br>(b) express and implied terms, paying particular regard to the circumstances under which terms may be implied in contracts. (7 marks)

问答题

In relation to the courts’ powers to interpret legislation, explain and differentiate between:<br>(a) the literal approach, including the golden rule; and (5 marks)<br>(b) the purposive approach, including the mischief rule. (5 marks)

问答题

In January 2008 Arti entered in a contractual agreement with Bee Ltd to write a study manual for an international accountancy body’s award. The manual was to cover the period from September 2008 till June 2009, and it was a term of the contract that the text be supplied by 30 June 2008 so that it could be printed in time for September. By 30 May, Arti had not yet started on the text and indeed he had written to Bee Ltd stating that he was too busy to write the text.<br>Bee Ltd was extremely perturbed by the news, especially as it had acquired the contract to supply all of the<br>accountancy body’s study manuals and had already incurred extensive preliminary expenses in relation to the publication of the new manual.<br>Required:<br>In the context of the law of contract, advise Bee Ltd whether they can take any action against Arti.<br>(10 marks)

问答题

Caz is a director of Dull plc, but she also carries out her own business as a wholesale supplier of specialist metals under the name of Era Ltd.<br>Last year Dull plc entered into a contract to buy a large consignment of metal from Era Ltd. Caz attended the board meeting that approved the contract and voted in favour of it, without revealing any link with Era Ltd.<br>Required:<br>Analyse the situation explaining any potential liability that Caz may have in relation to the sale of the metal to<br>Dull plc by Era Ltd.(10 marks)

问答题

In the context of contracts of employment, explain the common law duties imposed on:<br>(a) employers; (6 marks)<br>(b) employees. (4 marks)

问答题

In relation to remedies for breach of contract, explain:<br>(a) the difference between liquidated damages and penalty clauses; (7 marks)<br>(b) the duty to mitigate losses. (3 marks)

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