试卷详情
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ACCA考试F4公司法与商法(Zimbabwe)真题2010年6月
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[简答题]John Brown is the managing director of Dryland Products Limited, a company duly registered and operating in terms of the laws of Zimbabwe. The company operates a fruit and vegetable canning factory in Harare. Its products are sold both on the domestic and export markets. There is a lot of competition for business from suppliers of raw materials to the factory. One such supplier, a horticultural farmer Mr Murimi, developed a deep friendship with John Brown and often gives him expensive gifts. He recently donated a mini-van for use at a kindergarten operated by Mrs Brown, the managing director’s wife. It now transpires that the farmer, Mr Murimi’s products are generally more expensive than what other farmers in the same business can provide. This has fi nancially prejudiced the company.
Required:
In relation to company law, discuss the remedies available to the company against its managing director in light of the facts. (10 marks)
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[简答题]In relation to the law of contract:
(b) Defi ne the various contractual terms. (5 marks)
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[简答题](b)Morgan Save bought a top of the range Mercedes Benz ML class from Gabriel Gushungo, who had imported the car directly from the production line in Bavaria, Germany. Morgan paid US$100,000, which represented all the costs involved in the importation of the car including clearance charges. Upon the car’s arrival in Harare, Gabriel decided to sell the same car to Arthur Samanyika for US$120,000. This range of car is unique in Zimbabwe and is not available on the local market and replacing the same car with another from Bavaria would now cost at least US$130,000. This is due to the fact that there has been a steep rise in transport and customs charges for imported luxury cars.
Required:
Explain whether Morgan is able to sue for specifi c performance. (5 marks)
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[简答题]In relation to human rights:
(a) Explain the impact of human rights law on statutory interpretation. (5 marks)
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[简答题]In relation to professional negligence, explain the liability of auditors for their work. (10 marks)
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[简答题]In relation to human rights:
(b) Explain the impact of human rights law on the common law. (5 marks)
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[简答题]In relation to the law of contract:
(a) Distinguish terms from mere representations. (5 marks)
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[简答题](a) On Monday 1 July 2008, an advertisement together with application forms for shares in a public company called Country and Town Petroleum Ltd appeared in a daily newspaper The Echo. The shares cost US$10 each. Sly saw the advertisement and on the same day sent an application for shares in Country and Town Petroleum Ltd, together with a cheque of US$50,000. This application was received by the company on the next day. It was processed on Thursday 3 July 2008 and the share certifi cate was posted to Sly that morning. Meanwhile, Sly had changed his mind. Early morning on Thursday 3 July 2008, he sent a letter to the company indicating that he no longer wanted to purchase the shares. Later that day, it emerged that Country and Town Petroleum Ltd had found new, vast reserves of oil near Chinhoyi and overnight, their shares on the Stock Exchange trebled in value. Early that evening Mr Chancer the company secretary telephoned Sly telling him that the company was not accepting his applicati
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[简答题]In relation to company law, describe the differences between the various classes of shares. (10 marks)
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[简答题]In relation to employment law, explain the major duties of the employer towards his employee. (10 marks)
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[简答题]In relation to governance and ethical issues relating to the conduct of business, explain the meaning of the concept of corporate governance. (10 marks)
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[简答题]In relation to company law:
(b) Explain the procedure for the registration of a private company. (5 marks)
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[简答题]In relation to company law:
(a) Describe the major differences between a private limited company and a public company. (5 marks)
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[简答题]Yvonne, Miriam and Dorcas Mpofu are part of a group of shareholders in a mining company called ChromeTech Ltd. Together they jointly own 52% of the company’s equity. Due to an upsurge in the price of chrome on world markets, the share price has risen from US$2 per share in January 2009 to US$20 per share by the end of April 2009. The company is one of the best performers amongst the listed companies on the Zimbabwe Stock Exchange. It has a board of directors of nine people drawn from various professional disciplines including Mr Wiseman the chairman of the board, a certifi ed accountant by profession. The deputy chair Mr Knowledge is a lawyer in private practice. The company has not declared a dividend since 2007 and in spite of the fact that the most recent fi nancial year-end results show that the company is in a very healthy fi nancial position. The board has recommended that no dividend should be paid as yet and that the after tax profi ts of the company should be used for purposes