Forums › ACCA Forums › ACCA LW Corporate and Business Law Forums › *** F4 June 2014 Exam was.. Instant Poll and comments ***
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- June 9, 2014 at 9:02 am #175331June 9, 2014 at 5:14 pm #175459
Quite an easy exam in my opinion. But I suppose if you know the answer it will be. Mike Little’s lectures were invaluable though; i doubt I could have passed without them.*
*Hope I’m not being overly optimistic about passing.
June 9, 2014 at 5:47 pm #175479What did everyone put for question 10 wrongful or fraudulent? Thanks
June 9, 2014 at 5:48 pm #175480Don’t know what to make of F4 today. I was finished 40min before time, so either I have really done well or have royally messed up. I was doing three exams so havent had the time for much f4 pass papers and dont really know the standard required to get marks. Felt I knew the answer to everything except the share premium stuff and didnt see how there were 10 marks to be had on redredundancy, seriously wtf! 4-5 marks at most for that. Just curious what everyone was writing for the extra time, frantically scribbling uo to the end, making me nervous big time.
How many lines do you need to write for a mark? I was was writing extremely to the point, it probably didnt read amazing but had plenty of points and revevant cases quoted. Like probablly writing a page at most for 10marks, have I under estimated the requirements here?
June 9, 2014 at 5:54 pm #175483I said wrongful for Q10 as they seemed just negligent rather than deliberately trying to defraud, seemed they bekibe they could nanage to make it work. Said as a result they could be persued personally for the loss as court would lift the veil ect. That sound right or not?
June 9, 2014 at 6:01 pm #175487Not sure about Q10. They over drafted the amount agreed with the bank without consent so, at least for this point, looks fraudulent for me.
June 9, 2014 at 6:01 pm #175488Yipppeeeee wrongful too 🙂 hopefully right
June 9, 2014 at 6:03 pm #175489I said directors could be disqualified for upto 15 yrs or the courts would look to them to personally contribute to pay the liabilities, hopefully thats right
June 9, 2014 at 6:03 pm #175490Ha ha, I believe same like you, 10 marks for redundancy! And same like you, I can’t understand what and how to write more… Anyway, I don’t even know if I will pass. A 50 mark would do for me cause I find F4 really …. better not to say
June 9, 2014 at 6:17 pm #175497Wrongful rebecca, as there was no evidence that there was intent to defraud
June 9, 2014 at 6:24 pm #175499What did people say for Q8? I think, said it was a straight forward breach of contract and therefore the writer would be liable. I Said specific performance would likely awarded so that she would have to see the original contract out which would put company back into pre breach position, and also possibly an injunction to stop the new contract. Said if after that she was unable to fulfil the original contract for any other reason damages would be awarded for all the losses.
June 9, 2014 at 6:29 pm #175503Kevin i went for specific performance too as an equitable remedy and mentioned that they could also sue for lost 50k advertising as a common law remedy to put them in the same position as they were before contracting
June 9, 2014 at 6:31 pm #175504I said as it was an anticipatory breach, there are 2 things they could do 1. Damages, discharge or both, discharge results in repudiating the contract and sue for damages or 2. Complete their side of the bargain and then sue for damages???
June 9, 2014 at 6:31 pm #175505Kevin and Revoelad: I did not put specific performance as this is not an available remedy for personal services. The award would most likely be damages in my opinion – I said advertising expenses too!
June 9, 2014 at 6:38 pm #175510I did bad in capital maintenance part 🙁
And question 8 i wrote that Bel would have to reimburse the expenses for the advert campaign, no injunction or dpecific performanceJune 9, 2014 at 6:45 pm #175517Oh i had no idea Specific performance not available for personal services. The question asked something like what remedies would be available, which immediately made me think equitable remedies
June 9, 2014 at 7:28 pm #175531AnonymousInactive- Topics: 0
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nooooo 50000 damage of advertising was not part of original contract. it was contract between claimant and third party. specific performance only given if he has written book completely at breach time. injuction given to stop the ben contract with new party.
damages can given only if there is some other reasonable loss other then advertising.June 9, 2014 at 7:46 pm #175536I put Fraudulent on Q10 as they carried on trading when they were already heavily in debt. Q7 I screwed up big time just hope I got enough points. Though coming on here after makes me worried.
June 9, 2014 at 7:48 pm #175537Sampeat of course coming on here will make you nervous. Time will tell if you passed or not.
June 10, 2014 at 12:00 am #175583Guys if you see on that breach one, It was clear picture that the way damages can be measure in this scenario was out of pocket basis (Refer to angela television vs reed) you don’t how much books you gonna sell depends on the content n popularity of it. Its hard to measure this like how much they gonna make profit from it. So as out of pocket basis you can be awarded only the preliminary expenses which was incurred as marketing cost ! There was no other thng thy can measure here..
Thr was a case of remotness of loss as well as they got the contract of 100 k but this related to second climb of rule of a loss is not too remote relating to special circumstnces but if defendant knew or ought to knew it will be counted.so applying this thr was no clear thng stated like he knew or not so not a part of concern.
Stated :- it was out of pocket basis (ANGELA VS REED)
HOPE IT HELPSJune 10, 2014 at 12:10 am #175585I think it was an ok paper, but it’s hard to say until the results
Q10-I had gone for wrongful trading as there is no intention to defraud creditors. If it’s fraudulent trading, then they must be able to prove this beyond reasonable doubt as this is punishable by imprisonment as well as under civil law, would be req’d to pay the debts. Well, this is my reasoning for going for wrongful trading.
What was q8 and q9. Can’t seem to remember now. Luckily didn’t have this brain blockage during exam 🙂
June 10, 2014 at 12:15 am #175588I think question 8 was to do anticipatory breach in that Apt ltd has the right of acceptance and rejection. since apt ltd did not possess the script the couldnt continue with the contract but in case bel knew of the contract apt lmt could recover profit. hedley and baxendale remoteness of damages
June 10, 2014 at 6:12 am #175604It did actually states in the question that it was anticipatory breach
June 11, 2014 at 3:57 pm #175949I’m reviewing Q10 of GLO (I think is the same for ENG variant) and I’m confused about this sentence: “[they] carried on trading although this meant unilaterally ignoring the limit on their agreed overdraft with Just Bank plc, and delaying the payments on their other outstanding contracts.”
I say that it was wrongful trading but Just Bank mabe can ask the court for fraudulent trading as they ignore unilaterally their agreement.
What do you think?
June 11, 2014 at 9:31 pm #176037AnonymousInactive- Topics: 0
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It was wrongful trading only, they were not positively dishonest or trading with the intention to defraud creditors
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