ACCA F4 习题详解. Provided by Academy of Professional Accounting (APA) Corporate and Business Law (CL) 公司法和商法第四讲 ACCA Lecturer: Carrie Ni

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1 Professional Accounting Education Provided by Academy of Professional Accounting (APA) ACCA F4 习题详解 Corporate and Business Law (CL) 公司法和商法第四讲 ACCA Lecturer: Carrie Ni ACCAspace 中国 ACCA 特许公认会计师教育平台 Copyright ACCAspace.com

2 Contents of Class 4 1 Revision of Part B-The law of obligations 2 MCQ bank -The law of torts and professional nagligence 3 Case Study 2

3 Rivision The Law of Torts The Law of Torts Definition of Tort Duty of care Breach of duty Causation Defences Civil wrongdoing Passing off Neighborhood principle Auditors Fails to act reasonably Adjusting the standard of care Res ipsa loquitur 'but for' test Remoteness of damages Novus actus interveniens Avoid Reduce Limit 3

4 MCQ Bank Tort 1.Which of the following statements concerning tort is correct? A Breach of contract is a tort B Torts are crimes C A tort is a civil wrong and the victim sues for compensation or an injunction 4

5 MCQ Bank Tort 1. Answer C Torts are civil wrongs, not crimes or breaches of contract, and the victim sues for compensation or an injunction. 5

6 MCQ Bank- Passing Off 2.Which of the following describes the tort of 'passing-off'? A The use of a business name or trademark that misleads the consumer to believe that one business is that of another B Misleading a consumer to take actions that are to their detriment C A consumer deliberately wearing a product that purports to be made by one brand but which is actually a fake 6

7 MCQ Bank Passing Off 2. Answer A 'Passing-off' is the use of a business name or trademark that misleads a consumer to believe that a business is that of another. 补充知识 : 薯片公司和一家卖电脑的公司商标一样, 请问薯片公司侵权了吗? 7

8 MCQ Bank Res Ipsa Loquitur 3.In the tort of negligence, what is the legal effect of res ipsa loquitur ( 事实本身即是证明 )? A The claimant must prove that the defendant was negligent B The defendant must prove that they were not negligent C The claimant must prove that they acted reasonably 8

9 MCQ Bank Res Ipsa Loquitur 3. Answer B Where res ipsa loquitur applies, the burden of proof is reversed and the defendant must prove that they were not negligent. 补充案例 9

10 MCQ Bank Volenti Non Fit Injuria 4.In the tort of negligence, what is the effect of volenti non fit injuria ( 自愿承担风险 )? A The defendant is liable for the claimant's injury unless proved otherwise B The claimant accepted the risk of injury and the defendant is not liable for the claimant's losses C Neither the claimant nor the defendant is responsible for the claimant's injury 10

11 MCQ Bank Volenti Non Fit Injuria 4.Answer B Volenti non fit injuria means the claimant voluntarily accepted the risk of injury and the defendant is not liable. 补充知识 : When there is a known risk on behalf of the claimant, such as accepting a lift from a drunk driver. In such cases though it must be proved that the claimant knew of, and voluntarily consented to, such risks (all 3 elements must be proven). 11

12 MCQ Bank Causation 5.Which of the following circumstances will prevent causality being established in a claim of negligence? A An act of the claimant that is reasonable and within the normal course of things B Acts of a third party that occur after the claimant's injury C Foreseeable natural events D Multiple possible reasons for the injury with no one act being established as the cause 12

13 MCQ Bank Causation 5.Answer D Where there are multiple possible causes, the court must establish that the negligent act was the one that caused the injury. If this is not possible then causality is not established. The other options are examples of circumstances that will not prevent causality being established. 13

14 MCQ Bank Professional Negligence 6.Which of the following statements describes whom a company's auditor owes a duty of care to? A The public at large who read the company accounts B The company's shareholders who increase their stake in the business C The company only 14

15 MCQ Bank Professional Negligence 6.Answer C Following the Caparo decision, a company's auditors do not owe a duty of care to the public at large or to shareholders increasing their stakes. They only owe a duty of care to the company. 15

16 MCQ Bank Professional Negligence 7.Which of the following statements concerning the duty of care of accountants involved in preparing a report for a target company involved in a take-over bid is correct? AThe accountants owe a duty of care to the bidding company B The accountants owe a higher standard of care to the target company than it would when auditing C The accountants owe a duty of care to shareholders considering purchasing shares in the bidding company D The accountants owe a duty of care to the general public considering purchasing shares in the target company 16

17 MCQ Bank Professional Negligence 7.Answer B Following the Caparo decision, the accountants do not owe a duty of care to the shareholders or the general public. There is no special relationship with the bidding company so no duty of care is owed to that. Following the case of Morgan Crucible Co plc v Hill Samuel Ltd and others 1991, the accountants owe a higher standard of care to the target company because the report will be used in a take-over bid. 17

18 Case Study Contract On Friday 10 December the following notice is placed in the window of Ann's art gallery: '2 copies of a very rare Blake print 15,000 each'. Chas and Dave are very keen to acquire the prints but think that the price is too high. They each offer Ann 12,000 for a copy but she refuses to sell the prints at that price, although she says she will accept 13,500. She also says she will keep her offer to them open until 12 o'clock on the following Monday, 13 December, if they each pay her 100. Chas and Dave agree and each hands over 100. On the Saturday before the deadline, Chas and Dave have to leave the country on business but before they do so, each post a letter stating that they agree to buy one of the prints at the agreed price of 13,500. Chas' letter arrives at 9.30 on the Monday morning but Dave's letter is delayed and arrives on the morning of Tuesday 14 December. 18

19 Case Study Contract 1)Identify whether the notice Ann placed in her gallery window is an offer or an ITT 2)State whether Ann has entered into a binding contract with Chas 3)State whether Ann has entered into a binding contract with Dave 19

20 Case Study 部分支付能否解决全部债务? Zri operates a business as a designer of internet web pages for a variety of business clients. Unfortunately he has had some difficulty in recovering his full fees from a number of clients as follows: Ad, a self-employed car mechanic, without contacting Zri, simply sent him a cheque for half of his fees stating that he could not pay any more and that the cheque was in full settlement of his outstanding debt. Zri rang Ad about this and reluctantly agreed to waive half the fees. Bi, a newly qualified accountant, told Zri that although she could only raise the cash to pay half of the outstanding fees she would, as an alternative to paying the other half, do all of Zri's accountancy work for the coming year. Zri reluctantly agreed to this proposal. Cas, a self-employed musician, told Zri that she could not pay any of the money she owed him. However, her father offered to pay Zri, but could only manage half of the total amount owed. Once again Zri reluctantly agreed to accept the father's payment of the reduced sum. 20

21 Case Study 部分支付能否解决全部债务? 1)Explain whether Zri can claim his outstanding fees from Ad 2)Explain Whether Zri can claim his outstanding fees from Bi 3)Whether Zri can claim his outstanding fees from Cas 21

22 Professional Accounting Education Provided by Academy of Professional Accounting (APA)