F4 (Eng) Mock Examination for Dec 2010 by Sir Fawad Mujahid

1) (a) State the advantages & disadvantages of Statute Law? (5 Marks) (b) Explain The eiusdem generis rule, Noscitur a socis & The contextual rule? (5 Marks) 2) In relation to the law of contract: (a) Define an Acceptance & Collateral Contracts; (4 Marks) (b) Explain the meaning of (i) Adequacy & Sufficiency of Consideration; (3 Marks) (ii) Promissory estoppels. (3 Marks) 3) In relation to the law of contract: (i)Define Conditions & Warranties; (5 Marks) (ii)Describe the Unfair Contract Terms Act 1977. (5 Marks) 4) In relation to the breach of contract explain: (i)Remoteness of Damage & Measure of Damage; (5 Marks) (ii) Specific performance & Injunction. (5 Marks) 5) In relation to the Tort of negligence: (a) What are the factors considered when deciding if a Duty of care has been breached; (5 M) (b) Explain the meaning & effect of (i)Novus actus intervieniens; (2 Marks) (ii)Contributory Negligence & Volenti non fit injuria (Defenses to Negligence). (3 Marks) (6) In the Context of Employment Law explain: (a) Constructive, Wrongful & Unfair Dismissal; (6 Marks) (b) Redundancy. (4 Marks) (7) Explain the following: (a) Veil of Incorporation & Duties of Directors; (5 Marks) (b) Liquidation & Crystallization of a Floating charge. (5marks)

F4 (ENG) MOCK EXAMINATION FOR DECEMBER 2010 BY SIR FAWAD MUJAHID, ACCA

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F4 (Eng) Mock Examination for Dec 2010 by Sir Fawad Mujahid

(8) Ali Ltd is a private company. There are Five members of its board of directors, the actual dayto-day running of the business is left to one of them Khalid who is not the Managing Director but act as if he is one. Three months ago Khalid entered into a contract on Ali Ltds behalf with Saad to produce printing material for the company. Ali Ltd did not wish to carry on with the printing items and the board of directors have refused to pay Saad. Required: Analyze the situation and advice if Khalid can enter into a Contract on behalf of the Company and what options are available to Saad for his payment? (10 Marks) (9) A factory had ordered to build a Canteen for its workers to XYZ Construction Company. The final outcome was not held as satisfied by the Management of the Factory even though it was perfectly built and was serviceable and safe to use. Now the Factory Management is demanding to rebuild the Canteen from scratch but the XYZ Company has refused to re do it. Required: Analyze the situation and advice the Management of the Factory as to what actions can be taken to recover the Damages. (10 Marks) 10) Mr. CBA is a window cleaner where he washes & cleans the windows of a 2 storey MultiNational Company. He had purchased the tools for washing from a renowned store just down the corner. As the tools belong to him, he is responsible to maintain them. The uniform Mr. CBA wore was provided by the MNC and he has an option to provide with a stand-in if he wanted to take off for a week. The tools all were painted with the Logo of the MNC. Required: Analyze the situation with regard to the Multiple Test if Mr. ABC should be treated as an Employee or Self Employed. (10 Marks) *END OF QUESTION* F4 (ENG) MOCK EXAMINATION FOR DECEMBER 2010 BY SIR FAWAD MUJAHID, ACCA Page 2