ACCA考试模拟试题（2019/4/16）

第1题：In relation to the basic legal system ofChina: (a) explain the rule of exclusive jurisdiction by the people’s court in dealing with civil or commercial cases; (2 marks)

【分析题】：

第2题：

【分析题】：

第3题：Abid regularly took his car to be serviced at his local garage,Bust LtD、On the four previous occasions, before handing his car over to the garage,Abid had always been required to read and sign a contractual document which contained the following statement in bold red type:‘Bust Ltd accepts no responsibility for any consequential loss or injury sustained as a result of any work carried out by the company, whether as a result of negligence or otherwise.’On the most recent occasion, due to the fact that the garage was very busy when he arrived,Abid was not asked to sign the usual document. He was, however, given a receipt for the car, which he accepted without reading.Bust Ltd’s usual business terms were printed on the back of the receipt, including the statement above.On driving the car home after its service,Abid was severely injured when the car suddenly burst into flames. It subsequently emerged that the fire had been the result of the negligent work by one ofBust Ltd’s mechanics.Bust Ltd has accepted that its mechanic was negligent but denies any liability forAbid’s injuries, relying on the exclusion clause above.Required:AdviseAbid: (b) as to the possible impact of the UnfairContract TermsAct 1977 regarding any claimAbid might make againstBust Ltd in relation to his injuries. (3 marks)

【分析题】：

第4题：In relation to company law, explain: (b) the delict of ‘passing off’; (4 marks)

【分析题】：

第5题：

【分析题】：

第6题：Umar entered into the following two separate contracts with Ramu:(i) a contract to purchase Ramu’s two-acre plot of land atCameron Highlands for RM3 million, which reflects its fair market price; and(ii) a contract to sell to Ramu, his (Umar’s) motorcar, a ToyotaCorolla, for RM50,000. The market price of the car is RM55,000.Subsequently Ramu, without giving any reason, informed Umar that he did not want to sell the land to Umar. Umar then told Ramu, ‘In that case I refuse to sell you my car. I will also sue you for breach of contract.’ Ramu replied that he too would sue Umar for breach of contract if Umar did not sell the motorcar to him as agree D、Required:Advise Umar regarding, (b) the most likely remedy which the court may order against him (Umar) in favour of Ramu for breach of contract in relation to the sale of the motorcar. (5 marks)

【分析题】：

第7题：

【分析题】：

第8题：Tsogo Holdings operates a resort known as theBest Fun Resort in Maseru. The resort is very popular and on weekends more than 20,000 persons visit it.All entrances to the resort have security guards who have strict instructions to prevent people from entering the resort with anything that may endanger the security of other patrons. One Mike, a regular visitor, was asked if he had any such thing. He opened his jacket to show that he did not have any but did, in fact, have a small ejector knife in his trouser pocket. The security guards carried metal detectors and would have discovered it had they used it on Mike but they did not. Later, Mike had a quarrel with another resort visitor, Shan, outside the resort in its car park and, in the course of that quarrel, used the knife which seriously injured Shan.Required:Analyse the situation from the perspective of the law of delict and, in particular, advise Shan if he has a valid claim against Tsogo Holdings. (10 marks)

【分析题】：

第9题：For the purpose of this question you should assume that today’s date is 31 July 2010:

【分析题】：

第10题：

【分析题】：

第11题：In relation to partnerships, explain the legal effects of death of a partner on the partnership. (10 marks)

【分析题】：

第12题：

【分析题】：

第13题：Apt Ltd is a small independent book company, which specialises in publishing modern poetry. In January 2013 it signed a contract with a new poet, calledBel, to publish her second book of poems inAugust 2014. In March 2013,Bel won a prestigious award for her first book of poems, which had been published privately.In the light of the fame which now attached toBel,Apt Ltd launched an extensive advertising campaign publicising the forthcoming book. The campaign was expensive, costing ￡50,000, but it was successful in generating great interest.As a result,Apt Ltd won a contract to supply a large book club with 100,000 copies of the book, which would make them a profit of ￡250,000.Unfortunately in May 2014,Bel informedApt Ltd that she would not be able to supply the manuscript to it as she had signed a more rewarding contract withCax plc, a very large publishing company.Required:In the context ofBel’s anticipatory breach of contract, explain any possible remedies open toApt Lt D、(10 marks)

【分析题】：

第14题：

【分析题】：

第15题：With reference to theCompanies Law, explain and distinguish between private and public companies. (10 marks)

【分析题】：

第16题：

【分析题】：

第17题：

【分析题】：

第18题：In relation to company law, explain the clauses that are required to be contained in a company’s memorandum of association. (10 marks)

【分析题】：

第19题：In relation to a company’s memorandum of association, explain the following: (c) the name clause. (4 marks)

【分析题】：

第20题：

【分析题】：