ACCA考试F4公司法与商法（South+Africa）真题2007年12月及答案解析.doc

1、ACCA 考试 F4 公司法与商法（South+Africa）真题 2007 年 12 月及答案解析(总分：99.99，做题时间：180 分钟)一、ALL TEN questions ar(总题数：1，分数：0.00)1.In relation to the legal system, explain the impact of human rights law on the common law of South Africa. (10 marks)（分数：10.00）_In relation to the contents of a contract explain the followi

2、ng: （分数：9.99）(1).(a) express terms; (2 marks) （分数：3.33）_(2).(b) tacit terms; (4 marks) （分数：3.33）_(3).(c) implied terms. (4 marks)（分数：3.33）_2.In relation to the law of delict, explain the meaning of wrongfulness. (10 marks)（分数：10.00）_3.State the documents necessary and the procedure to be followed in

3、 registering a close corporation. (10 marks)（分数：10.00）_4.In relation to partnership law, analyse the liability of the various partners for partnership debts. (10 marks)（分数：10.00）_In relation to company law, explain and distinguish between the following: （分数：10.00）(1).(a) special resolutions; (5 mark

4、s) （分数：5.00）_(2).(b) conduct by unanimous assent. (5 marks)（分数：5.00）_5.In relation to employment law, distinguish between an employee and an independent contractor. (10 marks)（分数：10.00）_6.Andrew is a fanatical birdwatcher who is always on the lookout for special prices on binoculars. He walks past a

5、 shop window in the small town of Pofadder and spots a pair of binoculars that he had long coveted, for the price of R400. Upon rushing inside to purchase the bargain, Bernie, the shopkeeper informs Andrew that the price was marked incorrectly and it is actually supposed to be R1,400. Required: Anal

6、yse the situation from the perspective of contract law and in particular advise Andrew if he is entitled to insist that Bernie sell him the binoculars for R400. (10 marks)（分数：10.00）_7.Crafty Construction (Pty) Ltd is a construction company formed some ten years ago by three brothers David, Ed and Fr

7、ank. The company has a nominal capital of 500,000 shares of R1 nominal value, allotted as follows: 200,000 to David, 200,000 to Ed and 100,000 to Frank. The company has not been performing particularly well for some time, but has made a profit of R100,000 in the past year. Frank has recently suffere

8、d a heart attack and he needs to realise his R100,000 shareholding to help finance his purchase of a house in a retirement village. David and Ed would like to help him but neither can raise the R100,000 to purchase the shares and, given the companys trading situation, an outsider cannot be found to

9、buy at that price. Required: Advise the parties as to whether, and if so how, Crafty Construction (Pty) Ltd can buy the shares itself. (10 marks)（分数：10.00）_8.Henry is a non-executive director of Incredible Industries Ltd, a company that specialises in building. At a recent board meeting Henry learns

10、 that the company intends to buy a bulldozer for the construction of swimming pools. Henrys wife, Jezebel, who regularly attends auction sales, by chance, recently bought a bulldozer for speculation purposes. Henry informs his wife of the proposed deal and she now plans to sell the bulldozer to Incr

11、edible Industries at a fairly large profit. Required: Advise Henry on the legality of the proposed sale and the possible steps he should take to safeguard his position. (10 marks)（分数：10.00）_ACCA 考试 F4 公司法与商法（South+Africa）真题 2007 年 12 月答案解析(总分：99.99，做题时间：180 分钟)一、ALL TEN questions ar(总题数：1，分数：0.00)1.

12、In relation to the legal system, explain the impact of human rights law on the common law of South Africa. (10 marks)（分数：10.00）_正确答案：( )解析：In relation to the contents of a contract explain the following: （分数：9.99）(1).(a) express terms; (2 marks) （分数：3.33）_正确答案：( )解析：(2).(b) tacit terms; (4 marks) （分

13、数：3.33）_正确答案：( )解析：(3).(c) implied terms. (4 marks)（分数：3.33）_正确答案：( )解析：2.In relation to the law of delict, explain the meaning of wrongfulness. (10 marks)（分数：10.00）_正确答案：( )解析：3.State the documents necessary and the procedure to be followed in registering a close corporation. (10 marks)（分数：10.00）_正

14、确答案：( )解析：4.In relation to partnership law, analyse the liability of the various partners for partnership debts. (10 marks)（分数：10.00）_正确答案：( )解析：In relation to company law, explain and distinguish between the following: （分数：10.00）(1).(a) special resolutions; (5 marks) （分数：5.00）_正确答案：( )解析：(2).(b) co

15、nduct by unanimous assent. (5 marks)（分数：5.00）_正确答案：( )解析：5.In relation to employment law, distinguish between an employee and an independent contractor. (10 marks)（分数：10.00）_正确答案：( )解析：6.Andrew is a fanatical birdwatcher who is always on the lookout for special prices on binoculars. He walks past a

16、shop window in the small town of Pofadder and spots a pair of binoculars that he had long coveted, for the price of R400. Upon rushing inside to purchase the bargain, Bernie, the shopkeeper informs Andrew that the price was marked incorrectly and it is actually supposed to be R1,400. Required: Analy

17、se the situation from the perspective of contract law and in particular advise Andrew if he is entitled to insist that Bernie sell him the binoculars for R400. (10 marks)（分数：10.00）_正确答案：( )解析：7.Crafty Construction (Pty) Ltd is a construction company formed some ten years ago by three brothers David,

18、 Ed and Frank. The company has a nominal capital of 500,000 shares of R1 nominal value, allotted as follows: 200,000 to David, 200,000 to Ed and 100,000 to Frank. The company has not been performing particularly well for some time, but has made a profit of R100,000 in the past year. Frank has recent

19、ly suffered a heart attack and he needs to realise his R100,000 shareholding to help finance his purchase of a house in a retirement village. David and Ed would like to help him but neither can raise the R100,000 to purchase the shares and, given the companys trading situation, an outsider cannot be

20、 found to buy at that price. Required: Advise the parties as to whether, and if so how, Crafty Construction (Pty) Ltd can buy the shares itself. (10 marks)（分数：10.00）_正确答案：( )解析：8.Henry is a non-executive director of Incredible Industries Ltd, a company that specialises in building. At a recent board

21、 meeting Henry learns that the company intends to buy a bulldozer for the construction of swimming pools. Henrys wife, Jezebel, who regularly attends auction sales, by chance, recently bought a bulldozer for speculation purposes. Henry informs his wife of the proposed deal and she now plans to sell the bulldozer to Incredible Industries at a fairly large profit. Required: Advise Henry on the legality of the proposed sale and the possible steps he should take to safeguard his position. (10 marks)（分数：10.00）_正确答案：( )解析：