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[主观题]

In the context of companies in fi nancial diffi culty, distinguish between and explain the

operation of:

(a) compulsory winding up; (4 marks)

(b) administration. (6 marks)

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更多“In the context of companies in fi nancial diffi culty, distinguish between and explain the”相关的问题

第1题

In relation to the law of negligence, explain the extent of a company auditor’s duty of ca

re and to whom any such duty is owed.(10 marks)

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第2题

In relation to the law of contract, explain:(a) the postal rule; (5 marks)(b) the doctrine

In relation to the law of contract, explain:

(a) the postal rule; (5 marks)

(b) the doctrine of privity. (5 marks)

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第3题

Stine, the owner of an office building, and Mering concluded a three-year leasing agreemen

t in January 2012. Mering would use the first floor to open a restaurant. The annual rental should be paid on the first of each month.

In 2013 Stine and Mering entered into a service agreement, by which Mering would provide meals to the employees of Stine. The service fees would be paid on a quarterly basis.

In June 2014, Mering was declared bankrupt by a court which designated a bankruptcy administrator responsible for the liquidation. The bankruptcy administrator found that Mering had failed to pay the rental for 2014. Stine claimed the rental due for the year of 2014 as his credit and requested to offset the meal service fees for the first and second quarters of 2014. Stine also declared dissolution of the leasing agreement between the two parties.

Required:

In accordance with the Enterprise Bankruptcy Law:

(a) State whether Stine’s request to offset the meal service fees was in conformity with the law. (2 marks)

(b) State how to deal with Stine’s request to dissolve the leasing contract. (2 marks)

(c) State what benefit Stine could have if its request to offset was accepted. (2 marks)

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第4题

Greg is a member of the board of directors of Huge plc. He also controls a private limited

company Imp Ltd through which he operates a management consultancy business. He also owns all the shares in Jet Ltd through which he conducts an investment business.

When Greg learns that Huge plc is going to make a take-over bid for Kop plc he arranges for Jet Ltd to buy a large number of shares in Kop plc on the London Stock Exchange on which it makes a large profit when it sells them after the takeover bid is announced. He then arranges for Jet Ltd to transfer the profit to Imp Ltd as the charge for supposed consultancy work. The money is then transferred to Greg through the declaration of dividends by Imp Ltd.

Required:

Analyse the above conduct from the perspective of criminal law paying particular attention to the issues of:

(a) insider dealing; and (5 marks)

(b) money laundering. (5 marks)

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第5题

Whilst at work Andy always parked his car in a car park operated by Bash Ltd. On the entry

to the car park just in front of the payment machine there is a large sign in fl uorescent red paint which states:

‘These premises are not staffed by our employees and may be dangerous. Clients use these facilities strictly at their own risk and Bash Ltd accept no liability whatsoever for any damage or injury sustained by either those using this facility or their vehicles or property, no matter how caused.’

Andy was aware of the sign, but had never paid much attention to it. However, one day he returned to his car to fi nd that it had been badly damaged by a towing vehicle driven by an employee of Bash Ltd. Whilst on his way to the car park offi ce to complain he was hit by the same towing vehicle, which was clearly being driven dangerously by one of Bash Ltd’s employees. As a result, not only was his car severely damaged, but he suffered a broken leg and was off work for eight weeks.

Bash Ltd has accepted that its employee was negligent on both counts but denies any liability, relying on the exclusion clause.

Required:

On the understanding that the clause excluding Bash Ltd’s liability was incorporated into its contract with Andy,advise Andy whether there is any action he can take against Bash Ltd.(10 marks)

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第6题

In relation to employment law, explain the meaning of redundancy and the rules that govern

it.

(10 marks)

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第7题

(a) In relation to the law of contract, define and explain consideration. (3 marks)(b) Exp

(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)

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第8题

In relation to company law, explain:(a) the limitations on the use of company names; (4 ma

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)

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第9题

In relation to the law of contract, distinguish between and explain the effect of:(a) a te

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)

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第10题

In relation to the courts’ powers to interpret legislation, explain and differentiate betw

een:

(a) the literal approach, including the golden rule; and (5 marks)

(b) the purposive approach, including the mischief rule. (5 marks)

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