ACCA/CAT - F4 - 查题吧

P1
P4
P7
P2

问答题

Chi, Di and Fi formed an ordinary partnership to run an art gallery. Each of them paid ￡100,000 into the business. As Fi had no prospect of raising any more money it was agreed between them that her maximum liability for any partnership debts would be fi xed at her original contribution of ￡100,000. The partnership agreement specifi cally restricted the scope of the partnership business to the sale of ‘paintings, sculptures and other works of art.’ In January 2010 Chi took ￡10,000 from the partnership’s bank drawn on its overdraft facility. She had told the bank that the money was to fi nance a short-term partnership debt but in fact she used the money to pay for a holiday. In February Di entered into a ￡25,000 contract on behalf of the partnership to buy some books, which she hoped to sell in the gallery.<br>Required:<br>Advise Chi, Di and Fi as to their various rights and liabilities in relation to the operation of the business under partnership law.

问答题

In January 2010 Ami took over an old warehouse with the intention of opening an art gallery. As the warehouse had to be converted, Ami entered into two contracts, one with Bry to do all the necessary plastering and one with Cis, who was to do all the necessary painting. Both Bry and Cis were to be paid ￡5,000. Both received initial payments of ￡1,000 and agreed to have the work completed on 31 March, as the art gallery had to be ready for its fi rst exhibition on 1 May.<br>At the end of February, Bry told Ami that he would not complete the plastering in time unless she agreed to increase his payment by a further ￡1,000. Ami agreed to pay the increased sum in order to ensure that the job was done on time. She then thought it was only fair that she should increase the amount of money promised to Cis by the same amount.<br>However, on completion of the work on time Ami refused to make either of the additional payments to Bry or Cis, beyond the original contractual price.<br>Required:<br>Advise Bry and Cis whether they have any rights in law to enforce Ami’s promise to pay them an extra ￡1,000.

问答题

In the context of corporate governance, explain the rules relating to the appointment, duties and powers of a company secretary in a public limited company.

问答题

Explain the meaning of the following terms in company law:<br>(a) a debenture; (3 marks)<br>(b) a fi xed charge; (3 marks)<br>(c) a fl oating charge. (4 marks)

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In the context of employment law, state how the courts decide whether someone is self-employed or is an employee.

问答题

In relation to the tort of negligence, explain the meaning of ‘duty of care’.

问答题

In relation to the law of contract:<br>(a) defi ne an offer; (5 marks)<br>(b) explain the specifi c meaning and effect of<br>(i) a counter-offer; (3 marks)<br>(ii) a unilateral offer. (2 marks)

问答题

Describe the structure and functions of the main civil courts in the English legal system,

问答题

In relation to the English legal system:<br>(a) explain and distinguish between:<br>(i) primary legislation; and<br>(ii) secondary/delegated legislation. (6 marks)<br>(b) explain the powers of the courts in relation to challenging the validity of primary and secondary/delegated legislation. (4 marks)

问答题

Geo, Ho and Io formed a partnership three years ago to run a hairdressing business. They each provided capital to establish the business as follows:<br>The partnership agreement stated that all profits and losses were to be divided in proportion to the capital contribution.<br>After 18 months Geo provided the partnership with a loan of ￡3,000 in order to finance the purchase of more stock. The loan was to be paid back from the profits of the business.<br>Unfortunately the business was not successful and the partners decided to dissolve the partnership rather than risk running up any more losses. At the time of the dissolution of the partnership its assets were worth ￡20,000. Its external debts were ￡7,000 and none of the debt to Geo has ever been paid.<br>Required:<br>Advise the partners as to how the financial aspects of the dissolution will be conducted and how the assets will be distributed.

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