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[主观题]

Dee and Eff are major shareholders in, and the directors of, the public company, Fan plc.

For the year ended 30 April 2009 Fan plc’s financial statements showed a loss of ￡2,000 for the year.

For the year ended 30 April 2010 Fan plc made a profit of ￡3,000 and, due to a revaluation, the value of its land and buildings increased by ￡5,000.

As a consequence, Dee and Eff recommended, and the shareholders approved, the payment of ￡4,000 in dividends.

Required:

Advise Dee and Eff as to:

(a) the legality of the dividend payment; and (6 marks)

(b) any potential legal liability in regard to the dividend payment. (4 marks)

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第1题

In January 2009, Amy started a business as an independent website designer.To give her a s

In January 2009, Amy started a business as an independent website designer.

To give her a start in her career, her brother Ben, who ran a retail business, said he would give her ￡1,000 if she updated his business website. At the same time, her friend Che asked her to do work for his business, also for a set fee of ￡1,000.

However, by the time Amy had completed the two projects her design business had become a huge success and she had lots of other clients. When Ben and Che discovered how successful Amy’s business had become they both felt that they should not be asked to pay for the work they had commissioned.

Ben said he would not pay anything as he had only offered the work to help his sister out. Che said he would not pay anything either, on the basis that he had only given her work to do on the basis of their friendship.

Required:

Advise Amy as to whether she can insist on Ben and Che paying the full amounts of their initial promises.

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第2题

n relation to employment law explain:(a) the meaning of unfair dismissal; and (6 marks)(b)

n relation to employment law explain:

(a) the meaning of unfair dismissal; and (6 marks)

(b) the remedies available for unfair dismissal. (4 marks)

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第3题

In relation to company law, explain the duties owed by directors to their companies.

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第4题

In relation to the Companies Act 2006:(a) state, and explain the purpose of, the various r

In relation to the Companies Act 2006:

(a) state, and explain the purpose of, the various registers that have to be kept by a company; (4 marks)

(b) describe what accounting records will have to be produced and maintained by a company. (6 marks)

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第5题

In relation to the issuing of company shares explain:(a) pre-emption rights; (3 marks)(b)

In relation to the issuing of company shares explain:

(a) pre-emption rights; (3 marks)

(b) rights issues; (3 marks)

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第6题

In relation to the law of tort explain: (a) the neighbour principle; (4 marks)(b) remotene

In relation to the law of tort explain:

(a) the neighbour principle; (4 marks)

(b) remoteness of damage; (4 marks)

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第7题

State and explain the remedies available for breach of contract.

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第8题

In relation to the English legal system:(a) explain and distinguish between: (i) primary l

In relation to the English legal system:

(a) explain and distinguish between:

(i) primary legislation; and

(ii) secondary/delegated legislation. (6 marks)

(b) explain the powers of the courts in relation to challenging the validity of primary and secondary/delegated legislation. (4 marks)

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第9题

Gilt Ltd is a small company with an issued share capital of 100,000 ￡1 shares held by 100

members.

Harry, the managing director of Gilt Ltd, has been approached by Itt plc in respect of its making a takeover bid for Gilt Ltd. Itt plc has given Harry what is described as a facility fee of ￡50,000 for ensuring that the takeover is successful.

At the next board meeting Harry convinces the other directors that the take-over bid is in the long-term interest of Gilt Ltd, but they are concerned that the holders of the majority of the issued share capital will not approve of the takeover.

In order to ensure the success of the takeover, the directors of Gilt Ltd agree that they should allot suffi cient new shares to Itt plc to ensure that a new majority of members will support the takeover.

After the allocation of the shares to Itt plc a general meeting is called to consider the takeover and it is approved, with Itt plc voting in favour.

May, a substantial shareholder in Gilt Ltd has subsequently found out about the actions of Itt plc, Harry and the other directors.

Required:

Advise May as to the legality of the share allotment and as to what action can be taken against Harry.

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第10题

Chi, Di and Fi formed an ordinary partnership to run an art gallery. Each of them paid ￡10

0,000 into the business. As Fi had no prospect of raising any more money it was agreed between them that her maximum liability for any partnership debts would be fi xed at her original contribution of ￡100,000. The partnership agreement specifi cally restricted the scope of the partnership business to the sale of ‘paintings, sculptures and other works of art.’ In January 2010 Chi took ￡10,000 from the partnership’s bank drawn on its overdraft facility. She had told the bank that the money was to fi nance a short-term partnership debt but in fact she used the money to pay for a holiday. In February Di entered into a ￡25,000 contract on behalf of the partnership to buy some books, which she hoped to sell in the gallery.

Required:

Advise Chi, Di and Fi as to their various rights and liabilities in relation to the operation of the business under partnership law.

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