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Need help on two questions

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Need help on two questions

  • This topic has 10 replies, 2 voices, and was last updated 8 months ago by MikeLittle.
Viewing 11 posts - 1 through 11 (of 11 total)
  • Author
    Posts
  • April 24, 2020 at 8:59 am #569113
    farhaanm
    • Topics: 141
    • Replies: 58
    • ☆☆

    the first question is on page 10 no 4.13 bbp revision kit.
    I gone though all the lectures up to pg 43 of the notes, i have not seen right of third parties act which is in the question above. If it is can you give me the page number in the note?

    The second question is on page 11 no 4.15 bpp revision kit
    the question is about which agreement is legally bound, i want to undestand what basis makes social domestic and family contract legally bound?

    April 24, 2020 at 9:05 pm #569170
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22254
    • ☆☆☆☆☆

    Ijtihad, I would dearly like to help you but I don’t have a BPP revision kit to hand

    Am I asking too much for you to type out the questions in full?

    I look forward to hearing from you

    April 25, 2020 at 6:53 am #569180
    farhaanm
    • Topics: 141
    • Replies: 58
    • ☆☆

    first question

    4.13 The Contracts (Rights of Third Parties) Act 1999 sets out the circumstances where a third party has a right
    to enforce rights they may have under a contract.
    Which of the following statements concerning the Contracts (Rights of Third Parties) Act 1999 is correct?
    The third party need not be expressly identified in the contract
    The third party need not be in existence when the contract was formed
    The Act confers rights to third parties under a company’s constitution
    The Act confers rights to third parties under employment contracts

    second question

    4 15 Which TWO of the following social, domestic and family contracts would be presumed by the courts as
    intended to be legally binding?
    An agreement where a father offers to pay his daughter a monthly allowance if she continues her
    education
    An agreement between friends to enter a newspaper competition together and share any prizes
    between them
    An agreement between a husband and wife who have separated for one to rent the family home from
    the other
    An agreement by a son to pay his mother housekeeping money while he stays at home

    Add to that a question from online test, LW English Chapter 7 Questions Employment Law question no 3, where is the remedies in relation to unfair dismissal covered in the notes?

    April 25, 2020 at 8:22 am #569185
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22254
    • ☆☆☆☆☆

    OK, I’ve read the questions and have in my mind the answers

    You say you need help with these questions – what is it about the answers that you don’t understand?

    As for your supplementary question concerning the course notes and unfair dismissal remedies, in my defence I can only point out that the notes are not intended to be a replacement of a study text – the notes contain sufficient details to assist you in your attempt at the law exam

    Where there is an apparent omission in the notes you can always check on the internet. I have done just that to ensure that it’s easy enough – I put into Google ‘remedies for unfair dismissal’ and was rewarded with a full explanation

    Let me know what is troubling you about the answers to the two multiple choice questions

    OK?

    April 29, 2020 at 8:09 am #569476
    farhaanm
    • Topics: 141
    • Replies: 58
    • ☆☆

    for question 4.15, i just want to know the reasoning behind what makes a social,domestic,family contracts legally binding?

    April 29, 2020 at 2:12 pm #569522
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22254
    • ☆☆☆☆☆

    It boils down to a matter of ‘intention’

    In case law there is a case involving grandfather, granddaughter and lodger entering newspaper competitions with an agreement to share any prize money. This was held to be a binding contract

    As for the other three, you need to ask yourself ‘was there consideration attributable to BOTH parties?’

    Father / daughter and her education? Not really – continuing her education would be for her own benefit so she’s not giving anything extra that could be classed as consideration

    Mother / son and housekeeping? In family ‘contracts’ the courts will presume that there is no intention to create legal relations in a domestic situation

    But husband and separated wife? These two can no longer be considered to be in a domestic family relationship so it seems to me that their rental agreement would be seen by the courts as being an enforceable contract

    Is that OK for you?

    April 30, 2020 at 12:37 pm #569605
    farhaanm
    • Topics: 141
    • Replies: 58
    • ☆☆

    Contracts (Rights of Third Parties) Act 1999 is this in the note? from the second question.
    Also i am doing question in the bpp kit,there is so much question not in the note.Can i rely on the note and lecture just to pass this exam?

    April 30, 2020 at 3:36 pm #569621
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22254
    • ☆☆☆☆☆

    Instead of a vague complaint (“there is so much question not in the note”) it would be far more constructive to give me examples of the areas not covered by the notes!

    In answer to your question, no, the Rights of Third Parties Act is not covered in the notes

    I look forward to hearing from you

    May 1, 2020 at 9:21 am #569660
    farhaanm
    • Topics: 141
    • Replies: 58
    • ☆☆

    its not a complain. i am just asking if i go by the notes and lecture only, is it possible to pass.

    May 1, 2020 at 9:24 am #569661
    farhaanm
    • Topics: 141
    • Replies: 58
    • ☆☆

    I have completed the first three papers,i could have done them much faster if i had keep to lectures and note only instead of going into detail with study text.is it the same with this paper?

    May 1, 2020 at 5:02 pm #569715
    MikeLittle
    Keymaster
    • Topics: 26
    • Replies: 22254
    • ☆☆☆☆☆

    You should be fine with the combination of notes, lectures and LOADS of question practice

    OK?

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