试卷详情
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ACCA考试F4公司法与商法(English)真题2008年6月
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[简答题]In relation to employment law:
(b) State how the courts decide whether someone is an employee or is self-employed. (6 marks)
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[简答题]In the context of company law explain:
(b) the circumstances under which separate personality will be ignored. (4 marks)
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[简答题]In relation to employment law:
(a) Explain why it is important to distinguish between contracts of service and contracts for services. (4 marks)
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[简答题]Astride entered into a contract with Bild Ltd to construct a wall around the garden of a house she had just purchased. The wall was to be three metres high to block out a view of a rubbish tip. The wall was due to be finished in May and Astride entered into another contract with Chris to landscape the garden starting on 1 June.
Bild Ltd finished the wall on 25 May. However when Astride came to examine it for the first time she found that it was only 2·50 metres high and that the rubbish tip was still visible from the top of her garden.
On 1 June, Chris informed Astride that he was too busy to landscape her garden and that she would have to get someone else to do it. The only person available, however, will charge Astride £500 more than Chris had agreed for doing the work.
Required:
Analyse the scenario from the perspective of the law of contract, advising Astride:
(a) Whether she can require Bild Ltd to reconstruct the garden wall in order to make it the agreed height, and i
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[简答题]Sid is a director of two listed public companies in which he has substantial shareholdings: Trend plc and Umber plc.
The annual reports of both Trend plc and Umber plc have just been drawn up although not yet disclosed. They show that Trend plc has made a surprisingly big loss and that Umber plc has made an equally surprising big profit. On the basis of this information Sid sold his shares in Trend plc and bought shares in Umber plc. He also advised his brother to buy shares in Umber plc.
Vic who is also a shareholder in both companies sold a significant number of shares in Umber plc only the day before its annual report was published.
Required:
(a) Analyse the above scenario from the perspective of the law relating to insider dealing; (8 marks)
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[简答题]Clare, Dan and Eve formed a partnership 10 years ago, although Clare was a sleeping partner and never had anything to do with running the business. Last year Dan retired from the partnership. Eve has subsequently entered into two large contracts. The first one was with a longstanding customer Greg, who had dealt with the partnership for some five years. The second contract was with a new customer Hugh. Both believed that Dan was still a partner in the business. Both contracts have gone badly wrong leaving the partnership owing £50,000 to both Greg and Hugh. Unfortunately the business assets will only cover the first £50,000 of the debt.
Required:
Explain the potential liabilities of Clare, Dan, and Eve for the partnership debts. (10 marks)
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[简答题]In relation to company law distinguish between:
(a) executive directors; (4 marks)
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[简答题]In the context of company law explain:
(a) the doctrine of separate personality and its consequences; (6 marks)
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[简答题]In relation to contract law explain the meaning and effect of:
(a) an offer; (4 marks)
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[简答题]In relation to the tort of negligence explain the standard of care owed by one person to another. (10 marks)
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[简答题]In relation to company law explain the meaning of the following:
(a) ordinary shares. (3 marks)
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[简答题]In relation to the English legal system explain the following sources of law:
(a) Common law; (6 marks)