(10 marks)
第1题
(a) In relation to the law of contract, define and explain consideration. (3 marks)
(b) Explain the following statements regarding consideration:
(i) consideration must be sufficient but does not have to be adequate; (3 marks)
(ii) past consideration is not good consideration. (4 marks)
第2题
In relation to company law, explain:
(a) the limitations on the use of company names; (4 marks)
(b) the tort of ‘passing off’; (4 marks)
(c) the role of the company names adjudicators under the Companies Act 2006. (2 marks)
第3题
In relation to the law of contract, distinguish between and explain the effect of:
(a) a term and a mere representation; (3 marks)
(b) express and implied terms, paying particular regard to the circumstances under which terms may be implied in contracts. (7 marks)
第4题
een:
(a) the literal approach, including the golden rule; and (5 marks)
(b) the purposive approach, including the mischief rule. (5 marks)
第5题
al for an international accountancy body’s award. The manual was to cover the period from September 2008 till June 2009, and it was a term of the contract that the text be supplied by 30 June 2008 so that it could be printed in time for September. By 30 May, Arti had not yet started on the text and indeed he had written to Bee Ltd stating that he was too busy to write the text.
Bee Ltd was extremely perturbed by the news, especially as it had acquired the contract to supply all of the
accountancy body’s study manuals and had already incurred extensive preliminary expenses in relation to the publication of the new manual.
Required:
In the context of the law of contract, advise Bee Ltd whether they can take any action against Arti.
(10 marks)
第6题
squalification Act 1986.(10 marks)
第7题
pplier of specialist metals under the name of Era Ltd.
Last year Dull plc entered into a contract to buy a large consignment of metal from Era Ltd. Caz attended the board meeting that approved the contract and voted in favour of it, without revealing any link with Era Ltd.
Required:
Analyse the situation explaining any potential liability that Caz may have in relation to the sale of the metal to
Dull plc by Era Ltd.(10 marks)
第8题
In the context of contracts of employment, explain the common law duties imposed on:
(a) employers; (6 marks)
(b) employees. (4 marks)
第9题
In relation to company law:
(a) explain the meaning of limited liability. (3 marks)
(b) Explain and distinguish between:
(i) unlimited companies; (2 marks)
(ii) companies limited by guarantee; (2 marks)
(iii) companies limited by shares. (3 marks)
第10题
In relation to remedies for breach of contract, explain:
(a) the difference between liquidated damages and penalty clauses; (7 marks)
(b) the duty to mitigate losses. (3 marks)
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