ACCA考试F4公司法与商法（Lesotho）真题2010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 2010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 the doctrine of precedent in Lesothos legal system, explain and distinguish between ratio decidendi and obiter dicta. (10 marks)（分数：10.00）_2.In relation to the law of contract, expla

2、in the remedy of specifi c performance. (10 marks)（分数：10.00）_3.In relation to the law of contract, explain how a general offer may be revoked. (10 marks)（分数：10.00）_4.In relation to the law of delict, explain the wrong of passing off and discuss one remedy available to the plaintiff in a passing off

3、action. (10 marks)（分数：10.00）_5.In relation to employment law, explain the meaning of constructive dismissal. (10 marks)（分数：10.00）_6.In relation to company law, explain the doctrine of separate personality and its consequences as it applies for limited liability companies in Lesotho. (10 marks)（分数：10

4、.00）_7.In the context of company law, explain and distinguish between preference shares and debentures. (10 marks)（分数：10.00）_(1).(a) Nick offers to sell certain goods to Sam stating that the offer would be deemed to have been accepted, should there be no notifi cation to the contrary in the next wee

5、k. There was no such notifi cation. Required: Advise Nick. (5 marks)（分数：5.00）_(2).(b) Thieves broke into Glitter Jewellers premises and stole jewellery worth R50,000. Glitter Jewellers offered to pay a reward of R5,000 to anyone who gave information to the police which would lead to the arrest of th

6、e thieves and the recovery of the stolen jewellery. Edward provided the necessary information but at the time of supplying the information, he was not aware of the offer of a reward. Required: Advise Edward. (5 marks)（分数：5.00）_8.Salomon & Co (Lesotho) Ltd is a small company consisting of Salomon, hi

7、s sons and his brother. Salomon is the managing director and a principal shareholder. Their sole business is to manufacture shoes and boots. Their principal customer takes about 60% of their sales. Due to economic recession, their principal customer decided to switch their order to a cheaper supplie

8、r. As a result, Salomon & Co (Lesotho) Ltd are now teetering on the brink of insolvency. The creditors are threatening to put the company into liquidation. Required: Advise Salomon. (10 marks)（分数：10.00）_9.Thabo, Monty and Simon formed a partnership six years ago and registered it in terms of Partner

9、ship Proclamation, 1957. The sole business of the partnership is to sell all kinds of furniture. Since Thabo was forever travelling because of his job, all the partners agreed that Thabo would be a sleeping partner. Thabo never participated in the running of the partnership business and was content

10、with his share of profits. In 2008, Monty entered into two contracts on behalf of the partnership. The fi rst one was with Kramer, a long-standing supplier, to supply several kinds of oriental furniture. Kramer was paid R150,000 in advance. The second contract was with a new customer, Tsiu Hu, who o

11、rdered oriental furniture of the type Kramer had earlier agreed to supply. Kramers business went bankrupt and there are no prospects of either getting the advance back, or the promised furniture. Tsiu Hu had made it clear that if the furniture was not supplied on time, he would sue for breach of con

12、tract and claim compensation, which is likely to be over R50,000. Unfortunately the total business assets of the partnership are only R5,000. Required: Explain the potential liabilities of Thabo, Monty and Simon for the partnership debts. (10 marks)（分数：10.00）_ACCA考试 F4公司法与商法（Lesotho）真题 2010年 12月答案解析

13、(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 the doctrine of precedent in Lesothos legal system, explain and distinguish between ratio decidendi and obiter dicta. (10 marks)（分数：10.00）_正确答案：( )解析：2.In relation to the law of contract, explain the remedy of specifi c per

14、formance. (10 marks)（分数：10.00）_正确答案：( )解析：3.In relation to the law of contract, explain how a general offer may be revoked. (10 marks)（分数：10.00）_正确答案：( )解析：4.In relation to the law of delict, explain the wrong of passing off and discuss one remedy available to the plaintiff in a passing off action.

15、(10 marks)（分数：10.00）_正确答案：( )解析：5.In relation to employment law, explain the meaning of constructive dismissal. (10 marks)（分数：10.00）_正确答案：( )解析：6.In relation to company law, explain the doctrine of separate personality and its consequences as it applies for limited liability companies in Lesotho. (1

16、0 marks)（分数：10.00）_正确答案：( )解析：7.In the context of company law, explain and distinguish between preference shares and debentures. (10 marks)（分数：10.00）_正确答案：( )解析：(1).(a) Nick offers to sell certain goods to Sam stating that the offer would be deemed to have been accepted, should there be no notifi ca

17、tion to the contrary in the next week. There was no such notifi cation. Required: Advise Nick. (5 marks)（分数：5.00）_正确答案：( )解析：(2).(b) Thieves broke into Glitter Jewellers premises and stole jewellery worth R50,000. Glitter Jewellers offered to pay a reward of R5,000 to anyone who gave information to

18、the police which would lead to the arrest of the thieves and the recovery of the stolen jewellery. Edward provided the necessary information but at the time of supplying the information, he was not aware of the offer of a reward. Required: Advise Edward. (5 marks)（分数：5.00）_正确答案：( )解析：8.Salomon & Co

19、(Lesotho) Ltd is a small company consisting of Salomon, his sons and his brother. Salomon is the managing director and a principal shareholder. Their sole business is to manufacture shoes and boots. Their principal customer takes about 60% of their sales. Due to economic recession, their principal c

20、ustomer decided to switch their order to a cheaper supplier. As a result, Salomon & Co (Lesotho) Ltd are now teetering on the brink of insolvency. The creditors are threatening to put the company into liquidation. Required: Advise Salomon. (10 marks)（分数：10.00）_正确答案：( )解析：9.Thabo, Monty and Simon for

21、med a partnership six years ago and registered it in terms of Partnership Proclamation, 1957. The sole business of the partnership is to sell all kinds of furniture. Since Thabo was forever travelling because of his job, all the partners agreed that Thabo would be a sleeping partner. Thabo never par

22、ticipated in the running of the partnership business and was content with his share of profits. In 2008, Monty entered into two contracts on behalf of the partnership. The fi rst one was with Kramer, a long-standing supplier, to supply several kinds of oriental furniture. Kramer was paid R150,000 in

23、 advance. The second contract was with a new customer, Tsiu Hu, who ordered oriental furniture of the type Kramer had earlier agreed to supply. Kramers business went bankrupt and there are no prospects of either getting the advance back, or the promised furniture. Tsiu Hu had made it clear that if t

24、he furniture was not supplied on time, he would sue for breach of contract and claim compensation, which is likely to be over R50,000. Unfortunately the total business assets of the partnership are only R5,000. Required: Explain the potential liabilities of Thabo, Monty and Simon for the partnership debts. (10 marks)（分数：10.00）_正确答案：( )解析：