Business Law 1st Edition James Marson - Solutions

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Joseph David Soap wishes to set up in business on his own as a carpenter, having acquired a small business connection from John Smith. Which of the following trading names, if any, would require Joe to comply with the provisions of the Companies Act 2006?(a) David Soap;(b) J D Soap & Co;(c) Joe
You have been appointed to manage a branch of the National Knightsbridge Bank plc. A business customer, Mr Egon Toast, has asked for a business loan and is offering the family home, of which he is the joint owner with Mrs Toast, as security.Explain why you should be concerned about making the loan
Assume you are one of a number of entrepreneurs who are considering the form of business organisation that might be used to run a business.The other members of the group seek your advice as to whether they should form a partnership or a company – their only concern at this stage being the
Explain the requirements that a company must comply with in order to be entitled to the maximum exemptions in terms of its financial statements.
Fred Jones is a sole trader who wishes to expand his business premises. Explain the basic planning procedures to be followed.
When is it important for a person giving a guarantee or other security to be advised by an independent solicitor? State with reasons whether or not the guarantee or other security will be unenforceable if independent advice is not received.
Discuss the importance in securities transactions of the Bills of Sale Acts.
Give a short account of ways in which mortgages of real and personal property may be created.Explain what is meant by the ‘equity of redemption’.
Explain the regime of taxation which applies to:■ sole traders; and■ companies.
Outline the provisions under which companies can dispense with the audit requirement.
What is the maximum number of employees allowed to a company which wishes to qualify as a ‘small’ company?
A, B, C and D wish to form a partnership in which all of them will be limited partners. Advise them.
A and B are partners in an ordinary partnership.The firm is insolvent. Joe, a creditor, has successfully sued A for a debt of £2,000. What rights, if any, has A against B?
The court will not allow the theory of corporate personality to be used as a means of fraud or sharp practice – the judge has the power to‘draw aside the corporate veil’.Explain what happens when the court does draw aside the veil and describe a situation in which the court has exercised its
‘A registered company is a juristic or legal person and is therefore a legal entity distinct from its members.’Explain this statement and state two advantages of incorporation showing how these advantages depend upon corporate personality.
Which of the following business organisations have been formed by registration?(a) Wilkinson-Brown & Co, Chartered Accountants;(b) Mammoth plc;(c) The United Kingdom Atomic Energy Authority;(d) Small Ltd.
What alternatives to litigation in the ordinary courts are available? What are the advantages and disadvantages of these alternative methods of dispute resolution compared to litigation in the courts?
Critically evaluate the changes to civil justice procedure introduced by the Woolf reforms.
(a) Comment on the view that magistrates’ courts are the workhorses of the criminal justice system.(b) Explain how criminal cases are allocated for trial between magistrates’ courts and the Crown Court.
What are the advantages and disadvantages of using tribunals rather than the ordinary courts to decide disputes?
Our legal system often allows for two levels of appeal. Is this a wasteful use of resources?
What part do laymen take in the administration of the legal system? Should they be replaced by professionals?
For each of the actions listed below state:(a) Which court or tribunal would hear the case?(b) What type of lawyer could represent the parties?(c) Who would try the action?(d) To which court or tribunal would an appeal lie:(i) in a prosecution for murder;(ii) in an undefended divorce;(iii) in a
What are the advantages and disadvantages of the doctrine of judicial precedent?
How has Britain’s membership of the European Community affected the English legal system?
(a) ‘As I see it, that balance is this: Parliament enacts statute law and the judges interpret it. Statute law is necessarily expressed in words, Parliament decides upon these words. The judges say what those words mean.’ Lord Denning, The Closing Chapters (1983)Discuss critically the role of
Explain the differences between the following pairs:(a) MP and MEP;(b) ratio decidendi and obiter dicta;(c) a Bill and a statute;(d) ECSC and EEC;(e) Orders in Council and byelaws;(f) a binding precedent and a persuasive precedent;(g) the golden rule and the mischief rule;(h) the Council of the
Describe the relationship between Parliament and the judiciary in respect of Acts of Parliament.
Identify four sources of legal change and explain what objectives these organisations are seeking to achieve.
‘The prosecution in a criminal case must prove both mens rea and actus reus to establish the defendant’s guilt, unless it is a crime of strict liability’.Explain and discuss.
David, a farmer, supplies organic free range eggs on a regular basis to the Peak Park Hotel and Country Club. David’s hens, and the eggs they produce, have become infected with salmonella. The Hotel uses the infected raw eggs to prepare a mayonnaise for Ian and Janet’s wedding reception.Many of
Explain why equity developed and how it differs from the common law.What is the present relationship between the two systems?
Consider the following legal actions and indicate whether civil or criminal proceedings would result:(a) Ann decides to divorce her husband, Barry, after 10 years of marriage;(b) Colin is given a parking ticket by a traffic warden for parking on double yellow lines;(c) Diane returns a faulty steam
Explain the difference between the following pairs:(a) public law and private law;(b) civil law and criminal law;(c) contract and tort;(d) common law and equity;(e) ownership and possession.
What is law and why is it necessary?
Sarah is the company secretary of 'Picture Perfect Ltd, an advertising agency. The company regularly hires limousines to collect important clients from their offices and airports. Without authorization from the company, Sarah hires several cars to transport herself and her friends on nights out on
John is the managing director of 'Widgets and Gadgets Plc' and is aware that the company is the target of a takeover by 'Build 'em up, Knock 'em down Pic' John does not believe that such a takeover would be in the best interests of the company and therefore a board decision is made to increase the
How may members of a company remove a director before the expiry of his/her term of office? What protection is afforded to directors when faced with such a resolution?
Discuss the implications for directors' duties to the company since the enactment of the Companies Act 2006. Explain where the statute has expanded the duties previously established through the common law, and what steps the company should take to ensure compliance with the Act.
Explain the process of a company altering its share capital. Provide examples of why a company may wish to make such an alteration and how the creditors of the company are protected against abuse of this provision.
What is the registration process when the company issues charges over its assets? How might a lender protect him/herself against a failure by the company to correctly inform the Registrar and what is the effect where a charge has not been registered?
What are the various charges that a lender may require to be provided by the company that wishes to borrow money? Explain the nature of each, their priority, and their effect in the event of the company being wound up.
Explain the significance of the different types of share available to companies and the advantages and disadvantages of each for the shareholders and company.
Assess the role of a liquidator appointed to oversee the winding-up of a company. Explain the powers granted to the liquidator and how he/she may deal with the directors and creditors of the company.
Explain the process of a creditor securing a charge over a company's assets. Identify the differences between fixed and floating charges for the company, and how the holder of such a charge may exercise rights provided under this.
How may the members of the company engage in the management of the company at general meetings? Explain the rights of the members and how they directly affect the decision-making through the moving of resolutions.
Susan has run her own business as a freelance software developer for several years, providing her expertise through a series of contracts for many companies. She has three children, and her assets include her car and her home. Susan runs the operation solely but, due to her success, has recently
Identify the legal requirements to form a limited company and the responsibilities on the subscribers when completing and submitting the relevant documents.
Identify the rights and duties imposed on partners, and assess how effective they are in maintaining trust and good faith.
What are the implications for a business establishing as a Limited Liability Partnership and what 'flexibility' does it provide compared with limited companies? sit
Helen was the owner of the 'Super Bodies Gym', where she would regularly contract with suppliers for the purchase of stock for the Gym's bar. Helen sold the business to Rachel but was retained as the manager of the business and paid a salary. Rachel did not want to have a high profile in the
Sundeep has developed a new football boot that he considers to be a radical development and will improve players' performance. He seeks to protect his invention through a patent and seeks your advice on the registration process, the rights that registration will provide him, and how he may enforce
Is it appropriate to have a national minimum wage? Given the differences in the cost of living throughout the country, and obliging the employer to pay an amount set by the State for employment when market forces may have been better able to regulate pay, evaluate the necessity for, and impact of,
You are contacted by Ponds Forge Leisure Centres Ltd, which wishes to appoint a new changing room attendant to join its team. Advise the company on how to conduct the advertising of the post, the shortlisting of suitable candidates, and the interviewing process. Explain the obligations on the
Claire is employed as a secretary at a firm and is paid 15,000 per annum. John is also employed at the firm, and works as a computer technician, being paid 18,000 but also having a company car and membership of a health club that is paid for by the firm. Claire considers that her job is more
'The laws establishing employment protection have traditionally been viewed as weak except in sex discrimination, where it is often considered to unfairly favour the worker." Critically analyse this statement.
What barriers exist to prevent full implementation of the anti-discrimination principle in the areas of equal pay and equal treatment?
years. His employer Donna arrives at work on Monday morning and finds Calvin acting suspiciously. Donna checks the petty cash box and discovers that £100 is missing. Despite the fact that four other employees were in the vicinity at the time Donna came into the room she dismisses Calvin without
Calvinis a designer working for a large fashion house. Calvin is an employee at the firm and has worked there for
year out of a 3-year contract. Tom’s contract does not state anything about early termination and he earns £20,000 per year.Kate later appoints Sarah on maternity leave cover for an 8-month contract. Once appointed, Sarah announces that she is pregnant, and Kate is disgusted by this revelation
Kate runs aclothing manufacturing firm employing several workers. One day Kate comes into work and sees what she thinks is a fight between John and Tom. Therefore Kate sacks both of them on the spot. What has really happened is that Tom has been attacked by John because John has never liked Tom due
The statutory dismissal procedures are to be scrapped following the introduction of the Employment Simplification Bill. In your opinion, why have the procedures not worked and will a move towards Alternative forms of Dispute Resolution achieve greater success in resolving disputes without recourse
The potentially fair reasons to dismiss under the Employment Rights Act 1996 are far too broad and enable an employer to dismiss an employee very easily. They should be narrowed and the test of reasonableness of an employer's action made more robust if the legislation is to have any impact on the
Joshua has been working at (the fictitious) Greenfingers Garden Centres Ltd for eight months. Without any warning he is called into the manger’s office and told he is being dismissed immediately for misconduct due to his poor timekeeping. Joshua had been late to work for the two previous mornings
‘The enactment of the TUPE 1981 and 2006 Regulations have created unnecessary burdens on those selling and purchasing businesses. It has also prevented many“saving” transfers, and rather, purchasers will wait until the business is no longer“a going concern” before negotiating ona
Distinguish the remedies of unfair dismissal and wrongful dismissal in the termination of a contract of employment. What are the qualifications necessary for the parties to have access to each claim? Give examples of the type of dismissals that are covered; and identify the different remedies
Terms are implied into contracts of employment through statutes; the common law; and customs. With case law and statutory examples, explain how these terms affect contracts of employment and consider the obligations they place on the employer and employee.
Identify why it is so important to the employer and worker that employment status is determined. What are the potential consequences if this question is left unanswered by the parties?
'The distinction between employees and independent contractors has never been satisfactorily defined, and as it is crucial for so many purposes in employment law Parliament should establish a clear statutory definition." Discuss.
Mary goes to her local electrical store and buys a flat screen television so that she can watch the rugby international that afternoon. She takes the set round to her friend Sue’s house so that they can record the match for Sue’s brother to watch that evening. Allis going well, England is in
Cedric, amilkman, drives a milk float for Curdles Dairy Ltd. The dairy make it clear to all their employees that no one, especially children, is to be allowed to help them in delivering milk. Cedric, however, regularly allows Arthur, aged 10, to assist him in his delivery round. The delivery round
What responsibilities do the owners of property have towards visitors and non-visitors? How have the courts determined where liability should be imposed and what effect has the Compensation Act 2006 had on the imposition of liability?
How has the law developed in holding employers liable for the criminal acts of their employees? Do you agree with the direction of the courts in this respect?
What justifications for the doctrine of vicarious liability can you identify? How many are appropriate in the modern world?
Tomis driving his lorry at 5|Omph ona road that has a 40mph speed limit. He is not concentrating on his driving as he is trying to find a radio station on his radio. At this momenta child runs across the road in front of Tom’s lorry. Tom swerves to avoid hitting the child, and he drives into a
Emmainherited £40,000 on her father’s death. In the course of a conversation in her office with Chris, a financial journalist, Chris asked her what she intended to do with her inheritance. Emma replied that she had not made up her mind and was seeking ideas.Chris then said: ‘Of course it is
How have the courts developed the criteria in establishing a claim for psychiatric injury? What obligations do employers have to their employees who may be exposed to distressing scenes and subsequently suffer 'nervous shock'?
To what extent is a professional adviser liable for his/her negligent misstatement?
How far do you feel policy played a part in this decision? Given the House of Lords had refused the victims' relatives compensation, would providing the police officers involved a remedy have been a step too far (particularly given the involvement and criticism of the police in the incident)?
Middleshire County Cricket Club play their home matches at The Square. The Club has erected a fence to prevent any balls travelling beyond their property out onto the surrounding roads. The fence is situated 6 feet from the boundary of the ground, and is 4 feet high. The boundary of the ground is
How has the law relating to the imposition of liability for negligence been developed through the common law? Identify and demonstrate the tests a claimant must satisfy to succeed in such an action.
Pat took his car to Crooked Motors Ltd at 9am for the clutch to be replaced. The work was to cost £125 and take all day to complete. Having left the garage, Pat was persuaded by a car salesman in a local showroom that it would be better to buy a new car, rather than waste money on repairing the
Astra and Polo are to be married. Astra’s father, Lada, books the wedding reception at the Shell Hotel for 200 guests. The manager of the hotel assures Lada that all the guests will be seated in the main dining room with a clear view of the top table.After the wedding ceremony Astra and Polo
Compare the equitable and common law remedies for breach of contract and assess the implications of each for the parties to the contract. 2. How has the law of frustration been differently applied in the case law? Compare Herne Bay Steamboat v Hutton [1903] and Krell v Henry [1903] in your
Explain the difference in approach, and legal reasoning behind, the denial of specific performance in contracts of personal service but the courts' willingness to grant man- datory injunctions. Where does one remedy stop and the other start?
Jack and Jill are moving into a new house, and have purchased the following items, with the following results. They seek your advice as to whether they can recover their losses:
Freezers Ltd sold Peter a 30-cubit-feet freezer, which he intended to use: to freeze meals for his family; to freeze vegetables from his allotment. Some of these vegetables would be used by his family and the rest would be sold to local shops. The freezer has a sign on it reading 'with quick freeze
Given that many of the cases involving the statutory protections in the sale of goods are disputes between businesses, how fair has been the application of reasonableness test in UCTA?
Assess the contention that consumer status is vital in protection under the statutory rights. With specific reference to case law, how have the courts determined this status?
Many statutory provisions have been created to protect consumers in their dealings with (more powerful) sellers. Critically assess the protection that the legislation has afforded consumers and where limitations exist.
Liam wishes to purchase a car and visits a local car dealer (Deals and Wheels Ltd). A car is on display which Liam is interested in, and the salesman informs Liam that it is a 2005 Renault Scenic, it has a 1.8 litre engine, it has only travelled 30,000 miles and it is a ‘good little runner’
Sarah works for a local school and travels to work each day by car. She usually parks on a nearby piece of waste ground, but was unable to do so last week because of flooding.Instead, she parked her car in the multi-storey car park. A notice just inside the entrance to the car park stated:‘The
How have the statutory developments regulating the use of exclusion clauses altered and restricted their use? Compare how the cases pre-1977 would be decided in the courts today.
How have the courts traditionally implied terms into a contract? Using the case law and statutory examples, critically assess their impact into the obligations of the parties.
The courts have developed many criteria that assist in identifying a term from a representation. Assess each and consider the benefits and viability of the development of a statutory definition.
Mavis wishes to sell her house to her grandson, Peter. Peter informs Mavis that he will draft the contract of sale to save Mavis any trouble as he is very grateful to be receiving the house at a very competitive price. The agreement between Mavis and Peter is that Mavis will remain in the house
Dewiis selling a plot of land in Derbyshire consisting of 200 acres. He is approached by Jeffrey, who states that he is interested in purchasing, but only if he can be assured that the land is capable of sustaining his 200 head of cattle.Dewi provides this assurance despite the fact that he has no
Julie runs a dental practice and offers to sell it to Chamu. Chamu views the accounts and, on the basis of this being a viable venture, agrees a purchase price with Julie. There is a period of three months between the agreement and the contract being concluded.Following the agreement, Julie becomes
Assess the development of the rules in establishing an actionable misrepresentation. Focus on the parties' obligations to provide information and how this is interpreted in light of the general rule that silence cannot amount to a misrepresentation.
Given the case law above, does it matter whether the fraud was committed through face-to-face negotiations or transacted through the post/e-mail/telephone? Given that many transactions are completed with the use of a debit/credit card in person and over the phone/Internet, is the law in this area

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Business Law 1st Edition James Marson - Solutions

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