Mock exam

Question 1

Give 3 features of the civil law system

Answer 1

It is a private law
Aim is to settle dispute between two parties
Burden of proof lies is based on balance of probabilities

Question 2

When is duty of care owed to existing shareholders

Answer 2

Not normal however owed if specific advice requested from auditors. If shareholder relies on specific info then special relationship made.

Question 3

What minimum percentage of shareholders in a class may apply to the court for a variation of class rights to be cancelled?

Answer 3

15%

Question 4

When is an order for specific performance never used

Answer 4

For contracts of employment

Question 5

What type of offence is wrongful trading and who can be liable for it?

Answer 5

Civil offence and only a director

Question 6

When is risk passed according to UNCISG when goods are sold in transit and when carriage of goods is included

Answer 6

Sold in transit= risk passes moment contract concluded
Carriage of goods= risk passes at place indicated in contract