ACCA F4 English Law

150 Questions  I  By Farzana_hussain
English Case Law

  
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1.  A beneficiary may sue a trustee.
A.
B.
C.
D.
2.  A claim for damages which is commenced outside a statutory limitation period is barred under the Limitation Act 1980; this is 6 years from the date the breach could have been first discovered.
A.
B.
C.
D.
3.  A counter offer can terminates an offer.
A.
B.
C.
D.
4.  A manufacturer of goods may be sued by ultimate customers.
A.
B.
C.
D.
5.  A person with special knowledge or skills, or claiming to have them, must excersice them, the required standard is that of a reasonable man of equivalent position.
A.
B.
C.
D.
6.  A plc must hold AGM every calender year.
A.
B.
C.
D.
7.  A request for information is not a counter offer. 
A.
B.
C.
D.
8.  A response to request for information is not an offer.   
A.
B.
C.
D.
9.  A unilateral contract is one where one party promises something in return for some action on the part of another party. Name 2 cases for unilateral contract.
A.
B.
C.
D.
10.  Acceptance can be communicated by reliable 3rd party.
A.
B.
C.
D.
11.  Acceptance cannot vary the original offer; that would be a counter offer.
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B.
C.
D.
12.  Acceptance may be by conduct, however, once the person has started the act of acceptance then the offeror cannot revoke.
A.
B.
C.
D.
13.  Acceptance may be by conduct.
A.
B.
C.
D.
14.  Acceptance must be communicated to the offeror, but offeror may waive the right of communication.
A.
B.
C.
D.
15.  Acceptance must be made within a reasonable time.
A.
B.
C.
D.
16.  Adverts are normally invitations.
A.
B.
C.
D.
17.  Alteration allowing compulsory purchase of minority share will normally be disallowed.
A.
B.
C.
D.
18.  Alteration of articles allow explusion of competing members.
A.
B.
C.
D.
19.  Alteration of articles allow explusion of defrauding directors.
A.
B.
C.
D.
20.  Alteration of articles does not relieve the company of liability for commitments incurred before the change.
A.
B.
C.
D.
21.  An advert offering reward is an offer, not an invitation.   
A.
B.
C.
D.
22.  Another example of commercial argreements with exclusion clause in it.
A.
B.
C.
D.
23.  Anticipatory breach of contract where the injured party choose to wait and hope the other party will change their minds, but may lose their right to sue.
A.
B.
C.
D.
24.  Anticipatory breach of contract where the injured party go ahead with their obligations and then sue.
A.
B.
C.
D.
25.  Anticipatory breach of contract where the injured party may sue immediately.
A.
B.
C.
D.
26.  Articles bind members to the company.   
A.
B.
C.
D.
27.  Articles bind members to the members.   
A.
B.
C.
D.
28.  Articles bind the company to the members.
A.
B.
C.
D.
29.  Articles can only alter if it is for the benefit of the company as a whole which involves individual hypothetical member of the future.
A.
B.
C.
D.
30.  Articles do not create a contract between the company and third parties.     
A.
B.
C.
D.
31.  Articles may be used as evidence of the terms of a contract created independently of it. For ei. an employment or service contract might be created between the company and an employee or officer on terms that incorporate the relevant provisions of the article.
A.
B.
C.
D.
32.  Battery is trespass against the person by bringing intentionally a material object into contact with another person; it doesnot necessarily involve violence.
A.
B.
C.
D.
33.  Breach of care is failure to achieve the required standard of care, the court will apply this principle that lack of skill is counted as faults.
A.
B.
C.
D.
34.  Class rights may be conferred upon particular members or group of members through the articles.
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B.
C.
D.
35.  Commercial agreements for intention to create legal relations, may include an express exclusion clause, that is the contract is binding in honour only.
A.
B.
C.
D.
36.  Company is a separate legal personification in its own right.
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B.
C.
D.
37.  Company's name may be restricted by statute.
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B.
C.
D.
38.  Consideration given is over and above a contractual duty.
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B.
C.
D.
39.  Consideration given is over and above a legal duty.
A.
B.
C.
D.
40.  Consideration given is over and above a natural duty.
A.
B.
C.
D.
41.  Consideration is defined in 2 cases in 2 different ways. Name the cases.
A.
B.
C.
D.
42.  Consideration is not sufficient if it is in accordance with a natural duty already owed.
A.
B.
C.
D.
43.  Consideration is not sufficient if it is in accordance with a contractual duty already owed ... .. dghgh...
A.
B.
C.
D.
44.  Consideration is not sufficient if it is in accordance with a legal duty already owed. 
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B.
C.
D.
45.  Consideration must have some value.
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B.
C.
D.
46.  Contractual terms which are judicially implied for busness efficacy.
A.
B.
C.
D.
47.  Contractual terms which are judicially implied for course of trade. 
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B.
C.
D.
48.  Contractual terms which are judicially implied for trade custom. 
A.
B.
C.
D.
49.  Court may imply an implied promise to pay a reasonable sum.
A.
B.
C.
D.
50.  Court while measuring damages, may consider non-financial loss.
A.
B.
C.
D.
51.  Court while measuring damages, may not consider non-financial loss.
A.
B.
C.
D.
52.  Court while measuring damages, may not take account of speculative loss - Case I.
A.
B.
C.
D.
53.  Court while measuring damages, may not take account of speculative loss - Case II.
A.
B.
C.
D.
54.  Court while measuring damages, may take account of speculative loss.
A.
B.
C.
D.
55.  Courts determine how much award is necessary to put the injuired party into the position they would have achieved if there had been no breach.
A.
B.
C.
D.
56.  Defences in negligence, is the act of the plaintiff causing additional injury - contributory negligence.
A.
B.
C.
D.
57.  Defences in negligence, is the act of the plaintiff causing additional injury - volenti non fit injuria.
A.
B.
C.
D.
58.  Every contract must be supported by consideration.
A.
B.
C.
D.
59.  Expess declaration of exclusion clause, in Intention to Create Legal Relations, must be exceptionally clear and unambiguous; otherwise the court will normally ignore it and treat the contract as enforceable.
A.
B.
C.
D.
60.  Floating charge is defined in which case?
A.
B.
C.
D.
61.  Goods in a supermarket are invitations.
A.
B.
C.
D.
62.  If a company tries to ignore the restrictions, ultra vires, members can object.
A.
B.
C.
D.
63.  If it is a penalty court will not allow liquidated damages.
A.
B.
C.
D.
64.  If proposed alteration adversely affects only one member, it may still be valid.
A.
B.
C.
D.
65.  If the cost of repair far outweighs the loss suffered, couts may make an award based on loss of amenity.
A.
B.
C.
D.
66.  If the preference was given, in creating a fixed charge, in favour of a director, the relevant period is extended to one year from the date of transaction.
A.
B.
C.
D.
67.  If the tests for neighbour principle are not satisfied, the claimant has no claim. Name the case for lack of proximity.
A.
B.
C.
D.
68.  In collateral contracts, an injured party can sue even though the other party is not a party to the contract.
A.
B.
C.
D.
69.  In employment law, it is necessary to distinguish between a contract of service and a contract for services, the court wil apply control test.
A.
B.
C.
D.
70.  In employment law, it is necessary to distinguish between a contract of service and a contract for services, the court wil apply integration test.
A.
B.
C.
D.
71.  In employment law, it is necessary to distinguish between a contract of service and a contract for services, the court wil apply economic reality test.
A.
B.
C.
D.
72.  In Privity of Contract, a person who stood to benefit from a promise could not enforce it unless he had given consideration; even if the promisor had received consideration from elsewhere.
A.
B.
C.
D.
73.  In Privity of Contract, where special relationship exsits, for example, an executor may sue to enforce a contract entered into by the deceased, name the case.
A.
B.
C.
D.
74.  In which case a fixed charge was held by the court to be floating?
A.
B.
C.
D.
75.  In which case a floating charge was held by the court to be fixed?
A.
B.
C.
D.
76.  Intention to create legal relations, domestic arrangements, where husband and wife are living together. 
A.
B.
C.
D.
77.  Intention to create legal relations, domestic arrangements, where husband and wife are living apart - Case I.
A.
B.
C.
D.
78.  Intention to create legal relations, domestic arrangements, where husband and wife are living apart - Case II. 
A.
B.
C.
D.
79.  Intention to create legal relations, domestic arrangements, other than husband and wife - Case I. 
A.
B.
C.
D.
80.  Intention to create legal relations, domestic arrangements, other than husband and wife - Case II. 
A.
B.
C.
D.
81.  Intention to create legal relations, domestic arrangements, other than husband and wife - Case III.  
A.
B.
C.
D.
82.  Intention to create legal relations, commercial arrangements.
A.
B.
C.
D.
83.  It is possible to prevent alteration by weighted voting rights.
A.
B.
C.
D.
84.  Liquidated damages is a genuine attempt to quantify potential loss.
A.
B.
C.
D.
85.  Mail catelogues are invitations only.
A.
B.
C.
D.
86.  Members may lose their personal interest in the company's assets and affairs.
A.
B.
C.
D.
87.  Members may lose their personal interest in the company's assets and affairs and their wishes may be overruled by majority. Name the case that defines the principle of majority rule in the company.
A.
B.
C.
D.
88.  Motivation in case of reward is irrelevant; knowledge of the existence of reward is enough.
A.
B.
C.
D.
89.  Name 3 cases for remedies for breach in quantum meurit, for as much as it is worth.
A.
B.
C.
D.
90.  Name a case, where a condition was treated as a innomiate.
A.
B.
C.
D.
91.  Name a case, where an innomiate term was treated as a condition.
A.
B.
C.
D.
92.  Name a case, where an innomiate term was treated as a warranty.
A.
B.
C.
D.
93.  Negligence is breach of the duty: a greater degree of care is needed if risk of injury is high.
A.
B.
C.
D.
94.  Notification of death for non-personal services does not terminate an offer.
A.
B.
C.
D.
95.  Novus actus interveniens: something new intervens and breaks the chain of causality in act where the injured party were unreasonable.
A.
B.
C.
D.
96.  Novus actus interveniens: something new intervens and breaks the chain of causality in act of a third party increased the damage.
A.
B.
C.
D.
97.  Novus actus interveniens: something new intervens and breaks the chain of causality is an act of God.
A.
B.
C.
D.
98.  Offer can be made to the world at large; therefore, communication of acceptance may be waived.
A.
B.
C.
D.
99.  Offer must be certain.   
A.