试卷详情
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ACCA考试F4公司法与商法(Zimbabwe)真题2008年6月
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[简答题]In relation to company law state the major differences between executive and non-executive directors. (10 marks)
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[简答题]In relation to company law:
(b) Distinguish between ordinary, special and written resolutions. (5 marks)
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[简答题]In relation to the law of contract, explain the general rules relating to the award of damages. (10 marks)
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[简答题]Ngoni is a businessman who specialises in selling locally made leather jackets. Ngoni offers to sell 150 such jackets to Themba, a Cross border trader, at $1,000,000·00 per jacket, subject to him accepting the offer in writing. Themba tells him that he accepts to buy at $750,000·00 per jacket and offers to buy at that price. In the meantime Themba talks to Brinah his friend and advises her of Ngoni’s offer made to him. She decides to accept the offer herself. Brinah writes to Ngoni accepting to buy the jackets at the price stipulated by Ngoni.
Ngoni is not interested in selling to Brinah and rejects her ‘acceptance’. Upon learning this, Themba decides that he now wants to buy the jackets himself at the price previously stipulated by Ngoni and now verbally accepts the offer.
Required:
In relation to the law of contract, advise as to whether Ngoni is bound by any of the ‘acceptances’ communicated to him. (10 marks)
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[简答题]Tunga and Tymon are in an ordinary partnership. Tunga approaches Kudzai and acting in his capacity as a partner borrows $20 billion from him for partnership purposes. Neither Tunga nor the partnership subsequently return the loan when it is due.
Kudzai institutes proceedings against the partnership but Tymon opposes the action on the basis that what Tunga did was not binding on him and the partnership. Notwithstanding his opposition judgment is granted against the partnership.
In the meantime Kudzai tries to execute against the partnership property but he only recovers $10 billion after which the partnership property is exhausted. Kudzai who is not aware of any properties personally held by Tunga decides to proceed against Tymon’s vast properties, which are known to him.
Required:
In relation to the law of partnerships, advise on whether:
(a) it was proper for a judgment to be granted against the partnership; and,
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[简答题]In relation to company law:
(a) Explain the major functions of a company secretary. (5 marks)
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[简答题]Part Three of the Zimbabwe Constitution ‘Declaration of Rights’ is an expression of fundamental human rights which Zimbabwean citizens are entitled to.
Required
List five of the fundamental human rights and explain the way the law has operated in practice to protect those rights. (10 marks)
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[简答题]In relation to the law of delict, explain the wrong of passing off and the major remedies available to the plaintiff in a passing off action. (10 marks)
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[简答题]Discuss the concept of corporate governance in so far as it applies to Zimbabwe. (10 marks)
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[简答题]In relation to employment law:
(b) Explain five ways in which a contract of employment may be terminated. (5 marks)
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[简答题]Denis and Thomas Tembo are the only shareholders and directors of Kufumaishungu (Pvt) Ltd a company duly registered and operating in terms of the laws of Zimbabwe. The company manufactures protective clothing which is used by ordinary cyclists and traffic controllers. The company was incorporated in 2005 and the latest audit statement shows that the liabilities of the company exceed its assets and that the company is unable to pay debts owed to various suppliers in the sum of $10 billion dollars. About a month ago a cheque for $2 million dollars in favour of one such creditor Shoko Enterprises (Pvt) Ltd was returned to the creditors marked ‘Refer to Drawer’.
Added to this, the company’s major asset, a factory in the industrial sites of Harare, was burnt down to ashes in a fire caused by an electrical fault. Due to the financial difficulties the company was facing, the factory was not insured and all the workers have been sent home.
Shoko Enterprises would like to institute an act
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[简答题]In relation to employment law:
(a) Explain the major duties of the employee. (5 marks)