ACCA/CAT

1 In a potential redundancy situation, an employee may lose the right to payment if they reject an offer of alternative employment within the business. Which of the following will allow the employee to reject the employment offered and claim redundancy?

A、 The alternative was suitable but the employee reasonably felt that it was not of the same status

B、 The alternative was suitable but the employee refused to consider it

C、 The alternative was suitable but the employee’s grounds for refusing to accept it were unreasonable

2 Which TWO of the following are reasons for dismissal which must be justified as FAIR?

(1) Capability or qualifications of the employee

(2) Legal prohibitions relating to the employee

(3) Refusal of the employee to join a trade union

(4) Taking part in unofficall industrial action

A、 (1) and (2)

B、 (1) and (3)

C、 (2) and (3)

D、 (2) and (4)

3 What type of contract does an employee have?

A、 A contract for service

B、 A contract of service

C、 A contract for services

D A contract of services

4 Which of the following describes a pre-contractual statement which does NOT form a term of a contract but induces the contract?

A、 A condition

B、 A warranty

C、 A representation

D、 An innominate term

5 Which of the following exists as a separate legal entity from its members?

A、 An ordinary partnership

B、 A limited partnership

C、 A limited liability partnership

6 Which of the following must a private company ALWAYS have?

A、 Shares

B、 Limited liability

C、 A company secretary

D、 A registration certificate

7 A breach of a contractual warranty enables the injured party to do which of the following?

A、 To sue for damages only

B、 To sue for damages or terminate the contract

C、 To sue for damages and terminate the contract

D、 To terminate the contract only

8 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)

9 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 damages

10 Which of the following actions is open to a party who has only partly performed work under a contract?

A、 Quantum meruit

B、 Action for the price

C、 Damages

D、 Restitution

11 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 rule

12 Which is the correct minimum period of notice an employee is entitled to after five years’ service?

A、 One calendar month

B、 Five weeks

C、 Ten weeks

D、 Five calendar months

13 In relation to agency law, ‘warranty of authority’ is provided by which of the following?

A、 The agent

B、 The principal

C、 The third party

14 Which of the following correctly applies to the burden of proof in a criminal case?

A It must be proved beyond reasonable doubt

B、 It must be proved on the balance of probabilities

C、 It lies with the prosecution

D、 It lies with the defence

15 Where a business includes a term in a contract which excludes liability for death and personal injuries through negligence, which of the following states the effect of the term?

编辑推荐：

2016年9月ACCA考试时间9月5日-9日

（责任编辑：）