距离下一次acca考试只剩下一个月左右的时间,考生们也纷纷进入了冲刺阶段,紧张复习之余,小编带来了几道accaF4选择题,帮助大家放松顺便可以检测一下学习成果~
【Questions】
14 Which of the following statements about a pre-incorporation contract is true?
A.Following incorporation, the company could enter into a new contract on
B.identical terms via novation
C.The company’s promoter is always immune from liability
D.The company may ratify the contract once its incorporation is complete
15 Which of the following is NOT a statutory duty of a director?
A.To promote the success of the company
B.To act in the best interests of the board
C.To exercise independent judgement
17 Maria, a ballerina, was contracted to dance at a series of performances. The terms of the contract required her to attend
rehearsals for a week before the show opened. Due to illness, she missed the first three rehearsals. The show’s producer,
Jason, refused to accept her services and treated the contract as discharged.
What is the legal position regarding Jason’s decision to discharge the contract with Maria?
A.The clause relating to the rehearsals is an innominate term entitling Jason to choose to treat it either as a condition or as a
warranty
B.Jason is entitled to treat the contract as discharged, as Maria breached a condition of the contract by not attending all of
the rehearsals
C.Maria cannot sue Jason because she is in breach of contract by not attending all of the rehearsals
D.Failure by Maria to attend the rehearsals was a breach of a warranty which entitles Jason to claim damages only
【Answers】
14 Following incorporation, the company could enter into a new contract on identical terms via novation A company
cannot ratify a contract which was made by a promoter before it came into existence. The promoter will be personally
liable under s.51(1) Companies Act 2006. The company can take on the liability by entering a contract under the same
terms.
15 To act in the best interests of the board The Companies Act 2006 contains the duties of directors. There is no statutory
duty to act in the best interests of the board (indeed, doing so may well constitute a breach of their duties).
17 Failure by Maria to attend rehearsals was a breach of a warranty which entitles Jason to claim damages only
This scenario is based on the case of Bettini v Gye (1876). Attendance at rehearsals is a warranty not a condition; the
condition being to dance the series of performances.
As Maria breached a warranty of the contract, Jason is not entitled to discharge the contract but, rather, is only entitled to
claim damages against Maria.
不知道这几道accaF4选择题大家做的怎么样了,其实结果对错并不重要,继续加油~想获取更多相关信息还请进入中公财经网
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