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Dear Mike,
I have gone through the dec 14 eng F4 paper and im quite confuse about the answers provide by open tuiton. Please help me to find the answers for below question:
6 Which of the following statements about contracts of employment is true?
A They can be made either orally or in writing
B They must be made in writing
C They must be evidenced in writing22 Which of the following courts hear appeals from the magistrates’ court?
(1) County court
(2) Crown Court
(3) High Court
A (1) and (2) only
B (2) and (3) only
C (1) and (3) only
D (1), (2) and (3)20 Which of the following requires court approval before the appointment of an administrator?
A Creditors
B Holders of floating charges
C The directors of the company
D The company itself39 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 damagesI know its abit too much but please help me out.
Thank you for your usual quick reply..
Well, the simplest way to tackle this is for you to tell me what you think the answer should be and then I’ll try to explain my thinking
Section 111a of the Magistrates Court Act 1980 tells me that County Court may hear appeals on Family Matters from Magistrates Court
It’s entirely possible that legislation has been passed in the last 35 years to counter this!
Volenti decreases the level of damages? Ok! The decency of volenti is a complete defense and removes the requirement to pay damages. But it is difficult to prove and “comparative negligence” is easier to establish.
But comparative negligence merely reduces the extent of damages payables – its a partial defense.
Ok, ok. The answer to question 39 should be “A”
Question 20 – what a strange question. I’ve now considered it again and, unless you’ve typed it incorrectly, it doesn’t make a lot of sense to me. I admit that, when I first read it, I took it to be asking whose consent is needed before a court will appoint an administrator.
And the answer to that is the floating charge debenture holders
But on re-reading your typed question, I’ve been searching through the Internet and can find no reference to the court having to give consent in order that any of the four choices may appoint an administrator
Check out the following Internet site:
http://www.insolvencydirect.bis.gov.uk/technical manual/Ch49-60/
You are absolutely right about right of appeal from magistrates to county court on family matters.
I initially got this wrong in my response to another poster on another thread.Hi Mike,
As per my view for ques
6, its A
but as per Opentuition sugested answers answer is mention as B
22, its B but in answer its D
20, its A but in answers its B
39, its A but in answers its DActually it would be helpful to have all the answer for MCQ DEC 14 paper,if possible
Please..
ThanksMagistrate court appeal to crown court and then crown court appeal to court of appeal that what i have learn till now..
I guess what i learn is wrong..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 ruleThis one also im not sure for the answer between A and B
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)This one is it A or C??
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Q20, i think the answer is A
as per schedule b1 of insolvency act 1986
https://www.legislation.gov.uk/ukpga/1986/45/schedule/B1Appointment of administrator by holder of floating charge (Paragraphs 14 to 21)
Appointment of administrator by company or directors (Paragraphs 22 to 34)Sir Mike,
Please let me know
(i) What is the MINIMUM notice period an employee need to give if she is employed for six years?
a, One Week
b, Six Week
c, 2 Months
d, 12 Months(ii) Same question this time MAXIMUM notice period?
(iii) What is meant by the term “Legally Distinct”?
(iv) In the context of the law of agency, an agent will not be liable for a contract in which of the following situations?
A where the agent fails to disclose that they are acting as agent
B where the agent intends to take the benefit of the contract for himself and fails to disclose that they are
acting as agent
C where the agent acts on his own behalf but does identify that he is an agent
D where an agent’s authority has been terminated but the third party does not know of that terminationIn some text answer is A but in some answer is mention as C.
Any clarification??
Thank you for your usual corperation sir..
Bertos, yes, it’s A. I’ve changed it in the general forum where there is a parallel thread running
Avishco
i) one week but that can be varied by agreement within the contract of employment
ii) answered in i)
iii) what’s the context?
iv) C
Ok?
In the context of sole trade..
for question related to agency in opentution f4 notes chapter wise question answers is A..
Quite confusing sir…
Please sugest any clue for such kind of question?
“Legally distinct” in the context of a sole trader is surely not used except without a negative as in “a sole trader and her business are not legally distinct” whereas a company is “legally distinct from those who manage its affairs and those who are beneficially interested in the success or failure of the company”
An agent WILL be liable where the agent fails to disclose that they are acting as agent
Which bit is “quite confusing”?
Sir Mike,
Good day..
I came across this scenario several times but not finding any logic concerning the question below:
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)As in lecture notes its mention as:
• Now developed into a 3 stage test
• Reasonable foreseeability
• Proximity ( legal neighbour )
• Fair, just and reasonable to impose a duty of care…Why option (2) in above question is not correct??
Thank you..
Hi Mike,
I took cbe yesterday and i passed with 66 mark..
I owe u a big thanks and really appreciate your contribution to help us.. opentuition is really very helpful.
Merry x mas & Happy new year 2015 to u n ur team keep moving u guys r doing a great job…
Thank you very very much SIR…
Hi, congratulations on your F4 success! That’s a great Christmas present for you 🙂
Keep studying, keep practicing and, before you know it, you’ll be Avishco ACCA!
and thanks for your kind words 🙂
Two points here Fatama (sorry, three)
First of all, Happy New Year for next week!
Second, what has this post got to do with the computer based exam questions from the December 2014 session? This really should have been the start of a new thread!
Third, how can you expect me to answer this question? I suggest that the better (correct?) approach would be for you to read the topic – if not from a study text then from the Internet – and then post questions about particular elements that you are still not fully understanding.
The course notes should be sufficient for this new format exam together with practicing from the exam kit by a reputable publisher
Post again when you come across specific problem areas and I’ll answer your questions then
🙂
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What is minimum period of notice that employee with 10yr of service continues is entitled to?
It’s 1 week or 10 week?
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