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@maes said:
It was alot better than I expected, I just hope I pass. The questions to do with capital maint, bribery and administration were the ones that i found a tad tricky. Fairly confident on the insider dealing questionwait what? Bribery? i though it was a note to the question that dont use anything from Bribery act 2010.. or was it to use Bribery act 2010? ugh
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@captmario said:
wait what? Bribery? i though it was a note to the question that dont use anything from Bribery act 2010.. or was it to use Bribery act 2010? ughno bribery dude…it was excluded from question
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I thought the advert was an offer, similar to Carlill V Carbollic Smoke Ball, as it stipulated that it would be accepted?
I think you could pick up marks for arguing either way as long as you got some info down about the general difference between the two and a case or two.
@geteveryone said:
I thought it went alright. Hadn’t studied insider trading, so that question didn’t go particularly well.With regard to Q.8, about the £1,500 rug, was it actually an offer or just an invitation to treat? Given the specific wording, I took it as an actual offer and now I’m doubting myself…
This is probably the only questions i am 100% sure about it is an invitation to treat but you would have noted the patridge case that even though the wording may say “offer for Sale” it is still an invitation and a reference to carbolick case wouldnt have hurt.
Overall i think the paper was fair. Did i pass it? with a scratch maybe. Didnt remember all the case names but i remembered the stories #Thanks Mike.
The companies questions i had to basically remember it based on what my side as i was not able to cover it in my text as i was overwhelmed with my other studies plus work.
keeping my fingers cross that i did enough to pass.in was tight exam for me. writing writing, when i was on 5th 2hrs gone already. in one hr, rest i wrote. so i couldnt write fairly well. somehow finished. handwriting was good enough i guess. my horrible grammar errors may be excused.
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Re Q8 I thought it was an offer. This case is exactly like one in Open Tuition Practice questions about Adam (Q2). There it says Adam’s advertisement may be regarded as an offer owing to the very clear and categorical language used. Although I think you can argue either way.
Overall I found the questions quite easy, but I just didn’t write enough I think. Not much could say on administration, breach of directors duties and insidr dealing. Not sure I passed…
@vipin: Same thing I did, Totally Same brother
@latoyah : Q8 Contract question it was invitation to treat not an offer “Partridge v Crittenden”And Thank you so much mike and OpenTuition team, Hats off to you all 🙂
I thought it was a fair paper, not sure if I have done enough to pass but a month ago I was on the verge of giving up prior to discovering OpenTuition, so thank you OT for getting me into a position where I have a chance of passing!
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The advertisment was an offer, ‘offer open for one day only’ it stated it was an offer in the advert wereas Partridge v Crittenden did not.
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Guys,
The last three scenario questions were:
Q8, Invitation to treat, Partridge v Crittenden, Postal Rule, Breach of Contarct
Q9 Bribery Act 2010
Q10 Insider dealing
I messed up question 1, and I did not answer Q4 as I run out of time…..On top of your heads is there any way to pass this paper if one of the questions have not been answered. Pls advice……
Thank you
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It was not a bribery question- it said to ignore bribery in answer as it related to directors duties and how to remove the director as she had a third of the shares.
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Guys I am positive that it was a Bribery as it gave you the clue in the scenario, where it said that she had passed some some research information for a substancial amount of money.
Also, they advised not to use Bribery against the LX PLC…….
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Thanks OT for this great site and all the tips.. Special thanks for the exam tec article, it was perfect advice for me in breaking up my answer and good to learn that ACCA has no negative markings. I failed last time after thinking It was perfect! This time, breaking up the answer I can see how many points I actually made. I filled an entire extension booklet, made 15 points per question ha and finished with 1min to spare but just couldn’t be bothered to use that min for spelling errors!
@dituribeqaraj1973 said:
Guys I am positive that it was a Bribery as it gave you the clue in the scenario, where it said that she had passed some some research information for a substancial amount of money.Also, they advised not to use Bribery against the LX PLC…….
I feel it was Bribery too..
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The last question on directors duties is identical to mock exam 2 in bpp where two directors are asked what action can you take against the other who had accepted personal commission. The answer based it on directors duties and using ordinary resolutions to remove them as two directors had enough shares to pass it. Did others go down the directors duties route?
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Thank You MIke and Opentuition! you guys are life savers, for me this paper was relatively passable, and its all thanks to the video classes and Mike amazing lecturing skills, I Think Mike deserve an award! and in relation to the contract question it was an offer, in the advert it stated it was a serious offer, specific “cash only’….there was certainity, the was intention to be bound. In relation to question 9, it says u may ignore the bribery Act, “u may ignore’ not that u should,
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May/should, it’s all the same. It was pretty clear that they didn’t want you to discuss bribery. ‘You may not trespass on this land’ signs are not giving you an option.
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hmm, dint think about it like that, neways wouldnt hurt to have some extra points in there anyways, i was thinking more like it was optional, so when i finish answering the question i add it in at the bottom.
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what kind of marking does da f4 examiner do ?? easy or hard checking ?
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@stephdav82 said:
It was not a bribery question- it said to ignore bribery in answer as it related to directors duties and how to remove the director as she had a third of the shares.The question was about bribery ….we had to ignore the other company implications in it- the bribing party- and refer in our essay only to the director’s duty and he’s offence of bribery
Q8 – I treated as an offer as well..hmmm now not so sure. Anyway hopefully have passed!
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I also treated Q8 as an offer considering that he nake refference to good in question , price and quantity. I also considered that other parties have no right to any claim because their response are considered an counter offer ( they change the conditions of the offer) . Now I not so sure if it is right. hope I’ll pass.
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Q8 was an offer, not invitation, for certain. The whole reason that adverts aren’t usually offers is that they don’t extend sufficient terms to be legally binding. Ali’s offer pretty clearly did, time frame, value, type of consideration. Q8 was the easiest question in there for me, but I did go heavy on contract law.
Overall a pretty easy paper, Q3 (fair/unfair dismissal) was a gift too, and Q1 and Q2 were also nice. I hadn’t gone over administration well enough but I don’t think the question was difficult if you had, and Q9 on director’s duties was my other uncertain one. I did mention bribery on the part of the director since the question only said to ignore it on the part of the competitor company, but mainly because I ran out of things to say about director’s duties!
@darkangel5 and @dituribeqaraj1973 I was sure it was bribery too. I did discuss that Fay could be removed and disqualified under the CDDA 86. The did say not to discuss the actionas against the company but I’m sure we still had to discuss the consequences for Fay for accepting the bribe. (For some reason I can’t quote lol)
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