ACCA考试F4公司法与商法（Botswana）真题2009年12月及答案解析.doc

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1、ACCA 考试 F4 公司法与商法（Botswana）真题 2009 年 12 月及答案解析(总分：100.00，做题时间：180 分钟)一、ALL TEN questions ar(总题数：10，分数：100.00)1.In relation to the Botswana legal system, explain and distinguish between the various ways of classifying law. (10 marks)（分数：10.00）_In relation to the law of contract: （分数：10.00）(1).(a) exp

2、lain and distinguish between express and implied terms; and (3 marks) （分数：5.00）_(2).(b) explain the circumstances under which terms may be implied in contracts. (7 marks)（分数：5.00）_2.In relation to the law of delict, explain the meaning of wrongfulness. (10 marks)（分数：10.00）_3.In relation to employmen

3、t law, explain the various ways in which a contract of employment may be terminated. (10 marks)（分数：10.00）_4.In partnership law, a partnership may be terminated at any time by one of the partners if they can show justa causa. With reference to relevant authorities explain what amounts to justa causa.

4、 (10 marks)（分数：10.00）_5.In relation to the law of agency, explain the circumstances in which a principal may be bound by a contract entered into by an agent on his behalf without his express authority. (10 marks)（分数：10.00）_6.Explain the fi duciary duties owed by directors to their companies. (10 mar

5、ks)（分数：10.00）_7.Thembis black cat goes missing and she places an advertisement in the local newspaper offering a reward of P70000 to anyone providing her with information about her missing cat. Kgosi, Thembis neighbour, hears from Thembis son that the cat is missing. One day while driving home from

6、work, Kgosi sees the missing cat near the supermarket and picks it up. When he returns Thembis cat to her she is delighted but says nothing about the reward. The next day Kgosi reads the advertisement in the newspaper and he then makes inquiries about the reward. Thembi now refuses to pay the reward

7、 saying that she has changed her mind about paying the reward. Required: Explain whether Kgosi can claim the P700 from Thembi under the law of contract. (10 marks)（分数：10.00）_8.Khudu Ltd is a company that renovates dwelling houses. The board of directors of Khudu Ltd consists of fi ve members. Thato,

8、 one of the directors, takes care of the actual day-to-day running of the business. Thato then simply reports back to the board on the business he has transacted. Thato refers to himself as the managing director of Khudu Ltd, although he has never been offi cially appointed as such. Thato is assiste

9、d in the running of the business by Pinkie, Khudu Ltds company secretary. Six months ago Thato entered into a contract on Khudu Ltds behalf with Dudu to produce plans for the renovation of a house that it hoped to acquire. However, Khudu Ltd did not acquire the house and due to its current precariou

10、s financial position, the board of directors has refused to pay Dudu, claiming that Thato did not have the necessary authority to enter into the contract with him. The board is also refusing to complete a contract with Ayanda for the supply of a new cement mixer Pinkie had ordered on Khudu Ltds beha

11、lf. They have also learned that Pinkie has entered into a contract on Khudu Ltds behalf to have an extension built onto her own house. Required: Analyse the situation with regard to the authority of both Thato and Pinkie to enter into contracts on behalf of Khudu Ltd and in particular advise the boa

12、rd of directors if the company is liable for each of the contracts. (10 marks)（分数：10.00）_9.Kompieno (Pty) Ltd was a private company which carried on business in Francistown as a retailer of books. The company was the wholly-owned subsidiary of Kudu Ltd which carries on business in Gaborone. Kudu Ltd

13、 is a book publisher and the main supplier of books to Kompieno (Pty) Ltd. Kompieno (Pty) Ltd suffered a severe fall in profi tability, following which Kudu Ltd had to inject substantial capital in order to ensure the continuing solvency of the company. Despite these injections of capital, Kompieno

14、(Pty) Ltd continued to suffer fi nancial diffi culties. In consequence, the company was placed under insolvent liquidation by the High Court in Francistown. Kudu Ltd has now received demand for payment from a number of Kompieno (Pty) Ltds creditors who argue that, as Kompieno (Pty) Ltd was the wholl

15、y-owned subsidiary of Kudu Ltd, the latter company is liable to pay the debts of its subsidiary in full. Required: Advise Kudu Ltd on whether or not it can be liable to pay the debts of Kompieno (Pty) Ltd. (10 marks)（分数：10.00）_ACCA 考试 F4 公司法与商法（Botswana）真题 2009 年 12 月答案解析(总分：100.00，做题时间：180 分钟)一、ALL

16、 TEN questions ar(总题数：10，分数：100.00)1.In relation to the Botswana legal system, explain and distinguish between the various ways of classifying law. (10 marks)（分数：10.00）_正确答案：( )解析：In relation to the law of contract: （分数：10.00）(1).(a) explain and distinguish between express and implied terms; and (3

17、marks) （分数：5.00）_正确答案：( )解析：(2).(b) explain the circumstances under which terms may be implied in contracts. (7 marks)（分数：5.00）_正确答案：( )解析：2.In relation to the law of delict, explain the meaning of wrongfulness. (10 marks)（分数：10.00）_正确答案：( )解析：3.In relation to employment law, explain the various way

18、s in which a contract of employment may be terminated. (10 marks)（分数：10.00）_正确答案：( )解析：4.In partnership law, a partnership may be terminated at any time by one of the partners if they can show justa causa. With reference to relevant authorities explain what amounts to justa causa. (10 marks)（分数：10.0

19、0）_正确答案：( )解析：5.In relation to the law of agency, explain the circumstances in which a principal may be bound by a contract entered into by an agent on his behalf without his express authority. (10 marks)（分数：10.00）_正确答案：( )解析：6.Explain the fi duciary duties owed by directors to their companies. (10

20、marks)（分数：10.00）_正确答案：( )解析：7.Thembis black cat goes missing and she places an advertisement in the local newspaper offering a reward of P70000 to anyone providing her with information about her missing cat. Kgosi, Thembis neighbour, hears from Thembis son that the cat is missing. One day while driv

21、ing home from work, Kgosi sees the missing cat near the supermarket and picks it up. When he returns Thembis cat to her she is delighted but says nothing about the reward. The next day Kgosi reads the advertisement in the newspaper and he then makes inquiries about the reward. Thembi now refuses to

22、pay the reward saying that she has changed her mind about paying the reward. Required: Explain whether Kgosi can claim the P700 from Thembi under the law of contract. (10 marks)（分数：10.00）_正确答案：( )解析：8.Khudu Ltd is a company that renovates dwelling houses. The board of directors of Khudu Ltd consists

23、 of fi ve members. Thato, one of the directors, takes care of the actual day-to-day running of the business. Thato then simply reports back to the board on the business he has transacted. Thato refers to himself as the managing director of Khudu Ltd, although he has never been offi cially appointed

24、as such. Thato is assisted in the running of the business by Pinkie, Khudu Ltds company secretary. Six months ago Thato entered into a contract on Khudu Ltds behalf with Dudu to produce plans for the renovation of a house that it hoped to acquire. However, Khudu Ltd did not acquire the house and due

25、 to its current precarious financial position, the board of directors has refused to pay Dudu, claiming that Thato did not have the necessary authority to enter into the contract with him. The board is also refusing to complete a contract with Ayanda for the supply of a new cement mixer Pinkie had o

26、rdered on Khudu Ltds behalf. They have also learned that Pinkie has entered into a contract on Khudu Ltds behalf to have an extension built onto her own house. Required: Analyse the situation with regard to the authority of both Thato and Pinkie to enter into contracts on behalf of Khudu Ltd and in

27、particular advise the board of directors if the company is liable for each of the contracts. (10 marks)（分数：10.00）_正确答案：( )解析：9.Kompieno (Pty) Ltd was a private company which carried on business in Francistown as a retailer of books. The company was the wholly-owned subsidiary of Kudu Ltd which carri

28、es on business in Gaborone. Kudu Ltd is a book publisher and the main supplier of books to Kompieno (Pty) Ltd. Kompieno (Pty) Ltd suffered a severe fall in profi tability, following which Kudu Ltd had to inject substantial capital in order to ensure the continuing solvency of the company. Despite th

29、ese injections of capital, Kompieno (Pty) Ltd continued to suffer fi nancial diffi culties. In consequence, the company was placed under insolvent liquidation by the High Court in Francistown. Kudu Ltd has now received demand for payment from a number of Kompieno (Pty) Ltds creditors who argue that, as Kompieno (Pty) Ltd was the wholly-owned subsidiary of Kudu Ltd, the latter company is liable to pay the debts of its subsidiary in full. Required: Advise Kudu Ltd on whether or not it can be liable to pay the debts of Kompieno (Pty) Ltd. (10 marks)（分数：10.00）_正确答案：( )解析：