QB Flashcards

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1
Q

Define a contract that provides for payment at various stages of the contractor’s progress

A

A severable contract

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2
Q

Is a claimant required to take every opportunity to mitigate losses arising from a breach of contract?

A

No, just reasonable steps

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3
Q

The amount of money needed to put a claimant in the position they would have achieved if the contract had been performed protects their _____ interest

A

Expectation

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4
Q

The unfair contracts terms act 1977 only applies to ______ contracts between ______

A

Commercial, businesses

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5
Q

What is the ‘res ipsa loquitor’ argument?

A

That the facts speak for themselves

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6
Q

Materially false or misleading information in an auditor’s report is punishable by what?

A

Fine only

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7
Q

The limitation period for tortious acts is ____ years or _____ in cases of personal injury

A

Six, three

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8
Q

If there is a contractual duty of care, does it follow that there is also a duty of care owed in tort?

A

No

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9
Q

In cases of agency workers, can the employer and agency company both be found liable by a court for negligent actions of an employee?

A

Yes

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10
Q

Is a company required to keep a register of debenture holders?

A

No

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11
Q

What type of company must provide a directors’ remuneration report?

A

Quoted companies

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12
Q

What is a confirmation statement?

A

A document which confirms there are no changes to prescribed information about the company or sets out what changes have occurred

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13
Q

Micro-entities must file a _____ _____ but not a ______

Do micro-entities have to include notes in their accounts?

A

Balance sheet, P&L

Yes

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14
Q

Can a sole director also be a company secretary?

A

Yes

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15
Q

Is a provision to exclude directors from liability for breach of duty or negligence void?

A

Yes

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16
Q

Is petitioning the court for winding up on the just and equitable ground available to any member regardless of the size of his shareholding?

A

Yes

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17
Q

How many days must a plc give for the holding of its agm?

A

21 days

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18
Q

Can PLCs use written resolutions?

A

No

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19
Q

Can a written resolution be used to remove a director or auditor?

A

No

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20
Q

Taking 100 £30 shares and altering them to 10,000 30p shares is an example of what?

A

Subdivision of shares

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21
Q

If a charge is not entered by a firm within the specified timespan, what happens to the charge?

A

It is void against any liquidator, administrator or creditor

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22
Q

Within how many days must an administrator make his requirements for statements known to a company’s officers and employees?

A

7

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23
Q

How can an administrator’s appointment be extended?

A

Through a majority of creditors

24
Q

Who can propose a CVA?

A
  1. Directors
  2. Administrator
  3. Liquidator
25
Q

Who nominated the liquidator?

A

The directors only

26
Q

For how many months of the last 18 must a member have been a shareholder when petitioning the courts to wind up a company?

A

Six

27
Q

A floating charge to a connected person may be void if entered into within _____ years before the liquidation, or ____ months if unconnected

A

2, 12

28
Q

The admittance of new partners requires what consent from existing partners?

A

Unanimous consent of all existing partners

29
Q

Maximum penalty for fraud?

A

10 years imprisonment, unlimited fine

30
Q

Maximum length for failing to report a suspicion of money laundering?

A

5 years (unlimited fine)

31
Q

Within what period of time following the effective date of termination of an employee’s employment contract must an employee make a claim for unfair dismissal?

A

Three months

32
Q

To claim unfair constructive dismissal, for how long must you be employed for?

A

At least two years

33
Q

Do notice periods for termination of employment need to be included in the prescribed particulars?

A

No

34
Q

Within how many months must a claim for statutory redundancy payment be made?

A

6

35
Q

What is the maximum penalty for non-compliance with the data protection act for a company?

A

Fine up to £17million or 4% of global turnover

36
Q

What are the three core aspects of South Africa’s King Report?

A

Good corporate citizenship
Leadership
Sustainability

37
Q

How many years for a non-executive director to count as independent after being an employee for that company?

A

5

38
Q

What is exploratory analysis?

A

Analysis that aims to identify relationships between variables in a set of data

39
Q

What is the difference between a type 1 and type 2 error?

A

Type 1: rejecting a hypothesis that is in fact correct

Type 2: hypothesis is accepted that is in fact wrong

40
Q

An ordinary resolution requires what percentage of votes cast?

A

More than 50%

41
Q

A special resolution requires what percentage of votes cast?

A

More than 75%

42
Q

Can a written resolution remove a director?

A

No

43
Q

What is the expiry date by which shares should be alloted?

A

Within five years of thr authority being conferred

44
Q

Creditors cannot appoint an administrator out of court unless they are what?

A

Unless they are a qualifying floating charge holder

45
Q

What percentage is required for a change of name?

A

75%

46
Q

Within what period of time following the breach of an employment contract can an action for wrongful dismissal be brought?

A

Six years

47
Q

How much notice is required to be given by a PLC for the holding of its agm?

A

21 days

48
Q

Can PLCs pass written resolutions?

A

No

49
Q

Are preferred and secured creditors bound by a CVA?

A

No

50
Q

Does the appointment of an administrator require a special resolution?

A

No

51
Q

Can a partner be expelled for any reason?

A

No- it must be in good faith and for a good reason

52
Q

What is the maximum length of imprisonment that can be imposed for failing to report a suspicion of money laundering?

A

5 years

53
Q

Failure to implement measures as determined by the Money Laundering Regulations 2017 is punishable by what?

A

An unlimited fine and up to 2 years imprisonment

54
Q

What is the minimum period to claim for unfair constructive dismissal?

A

Two years

55
Q

Employers must pay _____ class one contributions on behalf of their employees

A

Secondary