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Transcription
) G K H
Corporate and Business Law (Hong Kong) Specimen questions applicable from December 2014 Time allowed: 2 hours This is not a full specimen paper, it is a selection of specimen questions to give an indication of the style of the This paper is divided into two sections: questions. It includes five multiple choice questions and one multi question. Section A – task ALL 45 questions are compulsory and MUST be attempted The fullBexam the following: Section – ALL will FIVE consist questionsofare compulsory and MUST be Section A –attempted 45 multiple choice questions – 25 for 2 marks each, and 20 for 1 mark each Do NOT open this paper until instructed by the supervisor. Section B – Five 6 mark questions You must NOT write in your answer booklet until instructed by the All questions are compulsory. supervisor. To see an example of the specimen exam, please refer to This question paper must notfull be removed from the examination hall. the F4 (GLO) Specimen Paper. The Association of Chartered Certified Accountants Paper F4 (HKG) Fundamentals Level – Skills Module Section A – ALL 45 questions are compulsory and MUST be attempted Note: Only five specimen questions provided. For full specimen exam, see F4 (GLO) Specimen paper Please use the space provided on the inside cover of the Candidate Answer Booklet to indicate your chosen answer to each multiple-choice question. 1 Which of the following is NOT a test in distinguishing a contract of service from a contract for services? A B C The integration test The economic reality test The reasonable man test (1 mark) 2 In which court will a plaintiff commence an action for breach of contract for the sum of HK$60,000? A B C D The The The The Magistrates’ Court District Court Court of First Instance of the High Court Court of Appeal (2 marks) 3 Beauty is a debtor of a limited company. The company has not been successful and a winding-up order has been made against the company. Beauty now wants to repay the debt. However, she is not sure to whom the repayment should be made. To whom should a debtor of a limited liability company make repayment of the debt if the company is in the process of liquidation? A B C D The The The The creditors directors company liquidator (2 marks) 4 Lina and Kim are employees of Development Ltd and attend a party given by Contractor Ltd, a major contractor of Development Ltd which has recently submitted a bid for a major contract. At the party, Lina is served with a meal and Kim is given a mobile phone. Which of the employees has/have committed the offence of bribery? A B C D Both Lina and Kim Lina only Kim only Neither Lina nor Kim (2 marks) 2 5 Which of the following statements relating to a limited partnership is NOT correct? A B C D They They They They are limited to a maximum of 20 members must have a minimum of two members must have at least one unlimited member have a separate legal personality (2 marks) 3 [P.T.O. Section B – ALL FIVE questions are compulsory and MUST be attempted Note: Only one specimen question provided. For full specimen exam, see F4 (GLO) Specimen paper. Please write your answers to all parts of these questions on the lined pages within the Candidate Answer Booklet. 1 Last Monday, Brian, a computer shop owner, offered to sell his computer to Christina, a student, for HK$5,000. Brian further promised Christina that he would wait for Christina’s reply until Sunday. On the same occasion, considering Brian’s promise to wait for her reply, Christina told Brian that she would buy Brian a drink next week. Without waiting for the reply from Christina, Brian sold the computer to another customer. Required: In relation to contract law: (a) Explain whether there was a contract between Brian and Christina. (4 marks) (b) Assuming that there was a contract between Brian and Christina, explain the legal effect of Brian selling the computer to another customer. (2 marks) (6 marks) 4 Answers Fundamentals Level – Skills Module, Paper F4 (HKG) Corporate and Business Law (Hong Kong) Specimen Answers Section A 1 2 3 4 5 C B D C D Section B 1 (a) For the formation of a contract, there must be an offer, acceptance, intention to create a legal relationship and an exchange of consideration between the parties. Two offers were made by Brian: one is the offer to sell the computer, which has not been accepted by Christina; and the other is the promise to wait for Christina, which has been accepted by Christina. There was an exchange of consideration between them, i.e., Brian’s promise to wait and Christina’s promise to buy Brian a drink. Hence, there was a contract between them under which Brian could not sell the computer to others before Sunday. (b) The legal effect of the sale is that it amounts to a breach of the contract by Brian. In such a case, Christina may claim against Brian for any damages she suffers. 7 Fundamentals Level – Skills Module, Paper F4 (HKG) Corporate and Business Law (Hong Kong) Specimen Marking Scheme Section A 1–5 One or two marks per question Section B 1 (a) 3–4 marks for a complete explanation of why there was a contract. 1–2 marks for some understanding but lacking either application or explanation. 0 marks for no understanding of the substance of the question. (b) 1 mark for stating that there is a breach and 1 mark for stating Christina’s right to claim for damages. 9