试卷详情
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ACCA考试F4公司法与商法(Botswana)真题2010年6月
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[简答题]Dipogiso and Kitso owned a business involved in property development. They decided to incorporate their business. Before the company was incorporated, Dipogiso and Kitso bought a piece of land in Gaborone West for P200,000·00. They also bought a block of fl ats in Tsholofelo. The advertised price for the fl ats was P600,000·00 but Dipogiso and Kitso negotiated with the vendor and paid P450,000·00 for them on account of their poor state of repair. They further bought a house in Extension 12 on behalf of the unborn company for P40,000·00 with the intention that the house should be used as offi ces of the company.
The company was incorporated as Conman Properties (Pty) Ltd. Dipogiso and Kitso sold the land to the company for P400,000·00; the fl ats for P800,000·00; and the house for P50,000·00. They paid themselves partly in cash and partly in shares in the company.
They appointed their friend Nkwe, their accountant Sipho, and their secretary Violet as the directors. They disclosed
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[简答题]In relation to employment law:
(b) state the remedies available in relation to a successful claim for unfair dismissal. (5 marks)
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[简答题]In relation to the law of delict, explain the elements of passing off. (10 marks)
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[简答题]State and explain the remedies available for breach of contract. (10 marks)
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[简答题]In relation to the law of contract, explain the following:
(a) the rules that govern the acceptance of an offer; (5 marks)
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[简答题]Tsodilo Mines Ltd is a company which mines nickel. Themba and Tumi are two of the directors. The board of directors is offered land adjoining one of its present quarries in Mahalapye with a view to working it, but they decide that the company is in such a bad fi nancial state that it cannot afford the land. Themba and Tumi, while remaining directors of Tsodilo Mines Ltd, subsequently form another company, Kagiso Investments (Pty) Ltd, which purchases the land for P700 000·00. It is later discovered that the land is very rich in platinum. Tsodilo Mines Ltd’s fortunes are suddenly reversed and it purchases the land from Kagiso Investments (Pty) Ltd for P2 000 000·00. Themba and Tumi do not reveal their interest in the matter. After Tsodilo Mines Ltd has been working the new mine for six months, the other directors discover what has taken place.
Required:
Advise the directors of Tsodilo Mines Ltd as to the legal position. (10 marks)
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[简答题]Discuss the legal principles that govern the liability of partners towards third parties. (10 marks)
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[简答题]In relation to the law of agency, explain how an agency relationship can be established in the following ways:
(a) by agreement; (2 marks)
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[简答题]In relation to employment law:
(a) explain the meaning of ‘constructive dismissal’; (5 marks)
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[简答题]State and explain the rules that govern the interpretation of statutes in Botswana. (10 marks)
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[简答题]Liyanda, who is 65 years old, has just retired from his employment with a pension and a lump sum payment of P200,000·00. He is keen to invest his money, but has absolutely no knowledge of business or investment. He does not wish any great risk to be involved in his investment and he also would like to have ready access to cash if the need arises.
Required:(a) Explain the meaning, and suitability for Liyanda, of the following:
(i) ordinary shares;
(ii) preference shares;
(iii) debentures secured by a fl oating charge;
(iv) debentures secured by a fi xed charge. (6 marks)