ACCA考试F4公司法与商法（Zimbabwe）真题2008年12月及答案解析.doc

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1、ACCA 考试 F4 公司法与商法（Zimbabwe）真题 2008 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)In relation to the Zimbabwean legal system, define the following and explain how each operates as a source of law: （分数：10.00）(1).(a) legislation. (5 marks) （分数：5.00）_(2).(b) customary law. (5 ma

2、rks)（分数：5.00）_In relation to the law of contract: （分数：10.00）(1).(a) explain the meaning of quasi-mutual assent; (5 marks) （分数：5.00）_(2).(b) analyse how the doctrine of privity of contract operates. (5 marks)（分数：5.00）_In relation to employment law: （分数：10.00）(1).(a) explain the difference between an

3、independent contractor and an employee; (5 marks) （分数：5.00）_(2).(b) explain what is meant by retrenchment. (5 marks)（分数：5.00）_In relation to company law: （分数：10.00）(1).(a) state the difference between voluntary and compulsory liquidation; (5 marks) （分数：5.00）_(2).(b) explain judicial management as an

4、 alternative to winding up. (5 marks)（分数：5.00）_In relation to company law: （分数：10.00）(1).(a) define a private company; (3 marks) （分数：5.00）_(2).(b) distinguish between shares and debentures. (7 marks)（分数：5.00）_In relation to governance and ethical issues in Zimbabwe: （分数：10.00）(1).(a) Explain the mea

5、ning of money laundering and the legal controls in place to combat it. (5 marks) （分数：5.00）_(2).(b) Explain the concept of insider dealing. (5 marks)（分数：5.00）_1.In relation to the law of delict, explain how the concepts of causality and remoteness operate. (10 marks)（分数：10.00）_(1).(a)Jessica visited

6、a big departmental store, Pick and Pay, to purchase a leather jacket. The jacket she wanted was on sale at $800 million but was being tried on by an elderly and valued client of the establishment, Mrs Moneybags. As soon as the client put the jacket down Jessica picked it up and took it to the front

7、desk. On seeing this, Mrs Moneybags quickly made up her mind to purchase the jacket and demanded that Jessica should give it up so that she might purchase it. The proprietor of Pick and Pay department store, Mr Favours, took the leather jacket from Jessica and gave it to Mrs Moneybags. Jessica feels

8、 a deep sense of grievance and is now contemplating the possibility of suing the department store for breach of contract. Required: In relation to the law of contract, explain whether or not Jessica can successfully sue Pick and Pay department store for breach of contract. (5 marks)（分数：5.00）_(2).(b)

9、Melody, a little known singer, entered into a contract with a recording company Marvo Records where she would record exclusively for them for a period of two years beginning January 2007. Soon afterwards, Melodys career took off and in spite of the contract with Marvo Records she entered into a new

10、contract with a rival company to record exclusively for them. Marvo Records decide to approach the courts for relief. Required: In relation to the law of contract, state whether or not the court is likely to grant Marvo Records an interdict (injunction) to prevent the threatened breach of contract b

11、etween Melody and Marvo Records. (5 marks)（分数：5.00）_2.Esther was employed by Kufuma (Pvt) Ltd as a secretary. Upon commencement of her employment she signed a document headed contract of employment whose contents included the following: (a) The employee was to be bound by the Labour Act Chapter 28:0

12、1 and Regulations made under it. (b) The employer can summarily terminate the contract in the event of gross misconduct as defined in the companys code of conduct. (c) The employee will not be paid for time spent on trade union or workers committee activities. (d) The employer reserves the right to

13、vary the employees job description and terms and conditions of work. In the course of time Esther became pregnant and sought to go on maternity leave. She was granted such leave in terms of the Labour Act. Upon her return, she was given work in a different department, which was slightly below that o

14、f a secretary. The employer relied on clause (d) above, as authority for its decision. Esther protested and she now wants to leave Kufuma (Pvt) Ltds employment immediately. Required: In relation to employment law, advise Esther on whether or not she can lawfully leave the employer immediately and wi

15、thout notice. (10 marks)（分数：10.00）_Rumbidzai and Sandra are executive directors and sole shareholders of a company called Smartwear (Pvt) Ltd. The company exports clothing and footwear to markets all over the world especially the Far East. Rumbidzai goes on a business trip to look for business and s

16、he secures large orders. One such lucrative order is from a company in Singapore which Rumbidzai decides to fulfill secretly without going through the company, Smartwear (Pvt) Ltd. Somehow Sandra gets to know about this and she is very upset. In the meantime it transpires that Sandra was once impris

17、oned without the option of a fine for 12 months having been found guilty of defrauding her former employer about four years ago. Required: In relation to company law: （分数：10.00）(1).(a) explain the remedies (both common law and statutory law) which Smartwear (Pvt) Ltd has against Rumbidzai for divert

18、ing business from the company. (7 marks) （分数：5.00）_(2).(b) explain the legal obstacles that stand in Sandras way as a director of the company in light of her conviction for fraud four years ago. (3 marks)（分数：5.00）_ACCA 考试 F4 公司法与商法（Zimbabwe）真题 2008 年 12 月答案解析(总分：100.00，做题时间：180 分钟)一、ALL TEN question

19、s ar(总题数：1，分数：0.00)In relation to the Zimbabwean legal system, define the following and explain how each operates as a source of law: （分数：10.00）(1).(a) legislation. (5 marks) （分数：5.00）_正确答案：( )解析：(2).(b) customary law. (5 marks)（分数：5.00）_正确答案：( )解析：In relation to the law of contract: （分数：10.00）(1).(

20、a) explain the meaning of quasi-mutual assent; (5 marks) （分数：5.00）_正确答案：( )解析：(2).(b) analyse how the doctrine of privity of contract operates. (5 marks)（分数：5.00）_正确答案：( )解析：In relation to employment law: （分数：10.00）(1).(a) explain the difference between an independent contractor and an employee; (5

21、marks) （分数：5.00）_正确答案：( )解析：(2).(b) explain what is meant by retrenchment. (5 marks)（分数：5.00）_正确答案：( )解析：In relation to company law: （分数：10.00）(1).(a) state the difference between voluntary and compulsory liquidation; (5 marks) （分数：5.00）_正确答案：( )解析：(2).(b) explain judicial management as an alternati

22、ve to winding up. (5 marks)（分数：5.00）_正确答案：( )解析：In relation to company law: （分数：10.00）(1).(a) define a private company; (3 marks) （分数：5.00）_正确答案：( )解析：(2).(b) distinguish between shares and debentures. (7 marks)（分数：5.00）_正确答案：( )解析：In relation to governance and ethical issues in Zimbabwe: （分数：10.00）

23、(1).(a) Explain the meaning of money laundering and the legal controls in place to combat it. (5 marks) （分数：5.00）_正确答案：( )解析：(2).(b) Explain the concept of insider dealing. (5 marks)（分数：5.00）_正确答案：( )解析：1.In relation to the law of delict, explain how the concepts of causality and remoteness operate.

24、 (10 marks)（分数：10.00）_正确答案：( )解析：(1).(a)Jessica visited a big departmental store, Pick and Pay, to purchase a leather jacket. The jacket she wanted was on sale at $800 million but was being tried on by an elderly and valued client of the establishment, Mrs Moneybags. As soon as the client put the ja

25、cket down Jessica picked it up and took it to the front desk. On seeing this, Mrs Moneybags quickly made up her mind to purchase the jacket and demanded that Jessica should give it up so that she might purchase it. The proprietor of Pick and Pay department store, Mr Favours, took the leather jacket

26、from Jessica and gave it to Mrs Moneybags. Jessica feels a deep sense of grievance and is now contemplating the possibility of suing the department store for breach of contract. Required: In relation to the law of contract, explain whether or not Jessica can successfully sue Pick and Pay department

27、store for breach of contract. (5 marks)（分数：5.00）_正确答案：( )解析：(2).(b)Melody, a little known singer, entered into a contract with a recording company Marvo Records where she would record exclusively for them for a period of two years beginning January 2007. Soon afterwards, Melodys career took off and

28、in spite of the contract with Marvo Records she entered into a new contract with a rival company to record exclusively for them. Marvo Records decide to approach the courts for relief. Required: In relation to the law of contract, state whether or not the court is likely to grant Marvo Records an in

29、terdict (injunction) to prevent the threatened breach of contract between Melody and Marvo Records. (5 marks)（分数：5.00）_正确答案：( )解析：2.Esther was employed by Kufuma (Pvt) Ltd as a secretary. Upon commencement of her employment she signed a document headed contract of employment whose contents included

30、the following: (a) The employee was to be bound by the Labour Act Chapter 28:01 and Regulations made under it. (b) The employer can summarily terminate the contract in the event of gross misconduct as defined in the companys code of conduct. (c) The employee will not be paid for time spent on trade

31、union or workers committee activities. (d) The employer reserves the right to vary the employees job description and terms and conditions of work. In the course of time Esther became pregnant and sought to go on maternity leave. She was granted such leave in terms of the Labour Act. Upon her return,

32、 she was given work in a different department, which was slightly below that of a secretary. The employer relied on clause (d) above, as authority for its decision. Esther protested and she now wants to leave Kufuma (Pvt) Ltds employment immediately. Required: In relation to employment law, advise E

33、sther on whether or not she can lawfully leave the employer immediately and without notice. (10 marks)（分数：10.00）_正确答案：( )解析：Rumbidzai and Sandra are executive directors and sole shareholders of a company called Smartwear (Pvt) Ltd. The company exports clothing and footwear to markets all over the wo

34、rld especially the Far East. Rumbidzai goes on a business trip to look for business and she secures large orders. One such lucrative order is from a company in Singapore which Rumbidzai decides to fulfill secretly without going through the company, Smartwear (Pvt) Ltd. Somehow Sandra gets to know ab

35、out this and she is very upset. In the meantime it transpires that Sandra was once imprisoned without the option of a fine for 12 months having been found guilty of defrauding her former employer about four years ago. Required: In relation to company law: （分数：10.00）(1).(a) explain the remedies (both

36、 common law and statutory law) which Smartwear (Pvt) Ltd has against Rumbidzai for diverting business from the company. (7 marks) （分数：5.00）_正确答案：( )解析：(2).(b) explain the legal obstacles that stand in Sandras way as a director of the company in light of her conviction for fraud four years ago. (3 marks)（分数：5.00）_正确答案：( )解析：