ACCA考试F4公司法与商法（Lesotho）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（Lesotho）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：1，分数：0.00)1.In relation to Lesothos legal system, explain the advantages and disadvantages of delegated legislation. (10 marks)（分数：10.00）_2.In relation to the law of contract, discuss the rule of remotenes

2、s of damages in Hadley v Baxendale (1854). (10 marks)（分数：10.00）_3.In relation to the law of contract, explain and distinguish between offer and an invitation to offer. (10 marks)（分数：10.00）_4.Discuss if agency can be created, or its scope extended, retrospectively. (10 marks)（分数：10.00）_5.Discuss the

3、legal requirements for forming a partnership under the Partnership Proclamation 1957. (10 marks)（分数：10.00）_6.Explain the doctrine of separate personality and its consequences in company law. (10 marks)（分数：10.00）_7.Describe the circumstances in which a company in difficulty in Lesotho can take recour

4、se to judicial management. (10 marks)（分数：10.00）_Edmund advertised his car in Public Eye, a local newspaper. In response to the advertisement, John called on Edmund on 1 June and offered him R10,000 for the car. Edmund was rather doubtful about Johns ability to pay for the car, but nevertheless agree

5、d to sell the car to John and accepted Johns cheque for R10,000. Edmund allowed John to take the car away and asked his bank to seek immediate payment of Johns cheque. John s cheque, however, was dishonoured and on 2 June, Edmund asked the police to recover the car. On 4 June, John sold the car to a

6、n unsuspecting Sandy, who bought it in good faith. The police have now been in contact with Sandy concerning the car. Required: In the context of the above information, advise Edmund in relation to,（分数：10.00）(1).(a) Johns offer; and (5 marks) （分数：5.00）_(2).(b) Sandys purchase of the car. (5 marks)（分

7、数：5.00）_8.Arend and Company Limited was formed for the purpose of selling tools of all kinds. It was mentioned in the memorandum as the main object of the company. Arend and Company Limited, (a) took loans to build stocks; (2 marks) (b) repaired tools for profit; (2 marks) (c) gave employees loans t

8、o buy cars for personal and official use; (2 marks) (d) ran training courses for customers and others instructing the proper use of tools; and (2 marks) (e) expanded its business to sell refrigerators and air conditioners. (2 marks) Required: Explain whether these activities (a) to (e) would be rega

9、rded as ultra vires. (10 marks)（分数：10.00）_9.Napo and Ramono were employed on 15 January 2007 by Dowlem Construction Ltd under a contract without reference to limit of time. On 15 February 2008, they were told by the company that their contracts of employment would be terminated on 15 April 2008. The

10、y replied that they accepted the two months notice. However, on 28 February 2008, they were informed that the company has decided to terminate their contracts on 31 March 2008, instead of 15 April 2008 as originally envisaged. Required: Advise Napo and Ramono if they are entitled to remuneration unt

11、il 15 April 2008. (10 marks)（分数：10.00）_ACCA 考试 F4 公司法与商法（Lesotho）真题 2009 年 12 月答案解析(总分：100.00，做题时间：180 分钟)一、ALL TEN questions ar(总题数：1，分数：0.00)1.In relation to Lesothos legal system, explain the advantages and disadvantages of delegated legislation. (10 marks)（分数：10.00）_正确答案：( )解析：2.In relation to t

12、he law of contract, discuss the rule of remoteness of damages in Hadley v Baxendale (1854). (10 marks)（分数：10.00）_正确答案：( )解析：3.In relation to the law of contract, explain and distinguish between offer and an invitation to offer. (10 marks)（分数：10.00）_正确答案：( )解析：4.Discuss if agency can be created, or i

13、ts scope extended, retrospectively. (10 marks)（分数：10.00）_正确答案：( )解析：5.Discuss the legal requirements for forming a partnership under the Partnership Proclamation 1957. (10 marks)（分数：10.00）_正确答案：( )解析：6.Explain the doctrine of separate personality and its consequences in company law. (10 marks)（分数：10

14、.00）_正确答案：( )解析：7.Describe the circumstances in which a company in difficulty in Lesotho can take recourse to judicial management. (10 marks)（分数：10.00）_正确答案：( )解析：Edmund advertised his car in Public Eye, a local newspaper. In response to the advertisement, John called on Edmund on 1 June and offered

15、 him R10,000 for the car. Edmund was rather doubtful about Johns ability to pay for the car, but nevertheless agreed to sell the car to John and accepted Johns cheque for R10,000. Edmund allowed John to take the car away and asked his bank to seek immediate payment of Johns cheque. John s cheque, ho

16、wever, was dishonoured and on 2 June, Edmund asked the police to recover the car. On 4 June, John sold the car to an unsuspecting Sandy, who bought it in good faith. The police have now been in contact with Sandy concerning the car. Required: In the context of the above information, advise Edmund in

17、 relation to,（分数：10.00）(1).(a) Johns offer; and (5 marks) （分数：5.00）_正确答案：( )解析：(2).(b) Sandys purchase of the car. (5 marks)（分数：5.00）_正确答案：( )解析：8.Arend and Company Limited was formed for the purpose of selling tools of all kinds. It was mentioned in the memorandum as the main object of the company.

18、 Arend and Company Limited, (a) took loans to build stocks; (2 marks) (b) repaired tools for profit; (2 marks) (c) gave employees loans to buy cars for personal and official use; (2 marks) (d) ran training courses for customers and others instructing the proper use of tools; and (2 marks) (e) expand

19、ed its business to sell refrigerators and air conditioners. (2 marks) Required: Explain whether these activities (a) to (e) would be regarded as ultra vires. (10 marks)（分数：10.00）_正确答案：( )解析：9.Napo and Ramono were employed on 15 January 2007 by Dowlem Construction Ltd under a contract without referen

20、ce to limit of time. On 15 February 2008, they were told by the company that their contracts of employment would be terminated on 15 April 2008. They replied that they accepted the two months notice. However, on 28 February 2008, they were informed that the company has decided to terminate their contracts on 31 March 2008, instead of 15 April 2008 as originally envisaged. Required: Advise Napo and Ramono if they are entitled to remuneration until 15 April 2008. (10 marks)（分数：10.00）_正确答案：( )解析：