A、 Custom
B、 Equity
C、 Public law
30 Which of the following are owed a duty of care by auditors when preparing a company’s audit report?
A、 A potential investor with no current holding
B、 An existing shareholder looking to increase their holding
C、 A company looking to make a takeover bid for the company
D、 The company and the existing shareholders in the company as a body
31 In a potential redundancy situation, an employee may lose the right to payment if they reject an offer of alternative employment within the business. Which of the following will allow the employee to reject the employment offered and claim redundancy?
A、 The alternative was suitable but the employee reasonably felt that it was not of the same status
B、 The alternative was suitable but the employee refused to consider it
C、 The alternative was suitable but the employee’s grounds for refusing to accept it were unreasonable
32 Which TWO of the following are reasons for dismissal which must be justified as FAIR?
(1) Capability or qualifications of the employee
(2) Legal prohibitions relating to the employee
(3) Refusal of the employee to join a trade union
(4) Taking part in unofficial industrial action
A、 (1) and (2)
B、 (1) and (3)
C、 (2) and (3)
D、 (2) and (4)
33 What type of contract does an employee have?
A、 A contract for service
B、 A contract of service
C、 A contract for services
D A contract of services
34 Which of the following describes a pre-contractual statement which does NOT form a term of a contract but induces the contract?
A、 A condition
B、 A warranty
C、 A representation
D、 An innominate term
35 Which of the following exists as a separate legal entity from its members?
A、 An ordinary partnership
B、 A limited partnership
C、 A limited liability partnership
36 Which of the following must a private company ALWAYS have?
A、 Shares
B、 Limited liability
C、 A company secretary
D、 A registration certificate
37 A breach of a contractual warranty enables the injured party to do which of the following?
A、 To sue for damages only
B、 To sue for damages or terminate the contract
C、 To sue for damages and terminate the contract
D、 To terminate the contract only
38 In relation to the tort of negligence, which TWO of the following criteria are required to establish the existence of a duty of care?
(1) The claimant suffered a financial loss
(2) The harm suffered was reasonably foreseeable
(3) A relationship of proximity existed between the parties
(4) The claimant did not consent to cause the injury suffered
A、 (1) and (2)
B、 (1) and (3)
C、 (2) and (3)
D、 (2) and (4)
39 In relation to defences to the tort of negligence, which of the following is the consequence of a finding of volenti non fit injuria?
A、 It removes the requirement to pay damages
B、 It reverses the burden of proof as to who can claim damages
C、 It increases the level of damages
D It decreases the level of damages
40 Which of the following actions is open to a party who has only partly performed work under a contract?
A、 Quantum meruit
B、 Action for the price
C、 Damages
D、 Restitution
41 Which of the following is an example of the purposive approach to statutory interpretation?
A、 The mischief rule
B、 The literal rule
C、 The golden rule
42 Which is the correct minimum period of notice an employee is entitled to after five years’ service?
A、 One calendar month
B、 Five weeks
C、 Ten weeks
D、 Five calendar months
43 In relation to agency law, ‘warranty of authority’ is provided by which of the following?
A、 The agent
B、 The principal
C、 The third party
44 Which of the following correctly applies to the burden of proof in a criminal case?
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