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Law Certificate > question practice > Flashcards

question practice Flashcards

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1
Q

T/F
A contract will be void if it offends public policy

A

True

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2
Q

T/F
Consideration does not need to be adequate

A

True

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3
Q

T/F
Consideration does not need to be sufficient

A

True - just needs to have identifiable value

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4
Q

T/F
Where works are commenced on the basis of a letter of intent and before the terms are finalised, any claim must be considered on the basis of draft contract

A

False

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5
Q

Who is the burden of proof on to show reasonable steps were taken to mitigate loss

A

on defendent to show claimant failed to do so

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6
Q

Can a company agree to limit the auditors liability for negligence

A

Yes

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7
Q

What kind of companies need a trading certificate

A

public

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8
Q

what kind of companies hold an agm

A

public

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9
Q

T/F
All companies may exclude the statutory pre-emption rights by making an express provision to that effect In articles of association

A

False - public cannot

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10
Q

When is disqualification mandatory

A

someone is a director of insolvent company AND
is judged to be unfit to be concerned in management o fcompany

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11
Q

Will a defective appointment render directors actions invalid?

A

No

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12
Q

t/f purchasing own shares
where a purchase is made on a recognised investment exchange, the company is required to pass a resolution which specifies the min and max price that may be paid in respect of a specified max number of shares

A

True

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13
Q

T.F purchasing own shares
were purchase is made by means of off-market, the company is required to pass a special resolution approving the contract

A

True

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14
Q

If loans are in breach of financial assistance rules, what sanctions may be imposed

A

fine, imprisonment, civil liability

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15
Q

What is used to protect product names and logos

A

trademarks

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16
Q

What does copyright apply to

A

Music film and art

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17
Q

Does copyright need to be applied for

A

nO

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18
Q

what is the penalty for bribery

A

fine

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19
Q

Is processing data for charitable purposes an exemption to DPA

A

no

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20
Q

is scientific organisations processing data for core activities an exemption from DPA

A

Yes

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21
Q

Is processing data to prevent crimes such as ML aexempt from DPA

A

Yes

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22
Q

Is employers processing data in accordance with employment law exemption from DPA

A

Yes

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23
Q

T/F
IC has jurisdiction over all data protection in UK

A

True

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24
Q

When must IC be notified of data breaches

A

affect rights and freedoms of individuals

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25
Q

IC cap on fines

A

20m euros or 4% global turnover

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26
Q

When does right not to be unfairly dismissed arise

A

two years continuous employment

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27
Q

Agreement for transfer of land should be

A

in writing

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28
Q

purpose of injunction is to

A

enforce negative restraint in a contract

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29
Q

Will court lift the veil
where the directors are in breach of regulations governing the giving of financial assistance for purchase of company’s own shares

A

No

30
Q

will court lift the veil
where members are using veil to evade legal obligations

A

Yes

31
Q

will court lift the veil
where corporate structure used as sham

A

yes

32
Q

will court lift veil where it is in the public interest

A

Yes

33
Q

How many days do companies have to file its next annual return after the anniversary date

A

28 days

34
Q

T/F
provided a director exercises their powers properly and within the company’s constitution, they are not subject to any other controls by its members, save for the members’ ultimate power to remove directors

A

False

35
Q

when does wrongful trading apply

A

when company is wound up

36
Q

Fraudulent trading liability

A

criminal - any time
civil - winding up

37
Q

Does bankruptcy lead to disqualification

A

yes

38
Q

Expiry date of authority conferred on director to allot maximum number of shares

A

within 5 years of being conferred

39
Q

what must authority conferred on director to allot shares state

A

max number of shares to be allowed as well as expiry date

40
Q

Authority conferred on a director to allot shares can be altered by

A

ordinary resolution

41
Q

special resolution needed for redemption of redeemable shares T/F

A

True

42
Q

What timescale must payment for redeemable shares be made when resolution made to redeem them

A

between 5 - 7 weeks

43
Q

Who must approve the word ‘international’

A

Secretary of State

44
Q

T/F
Public companies must publish results of polls at general meetings on their website

A

false

45
Q

what kind of company must publish results of polls at general meetings on a website

A

quoted companies

46
Q

T/F proxies cannot be included in determining whether a quorum is present

A

false

47
Q

What time period must a private company give notice of its refusal to register a requested transfer of its shraes

A

2 months

48
Q

T/F
Is it a defence under POCA 2002 if you can showw that they neither know nor suspect disclosure is likely to prejudice the investigation

A

True

49
Q

Is an employer always obliged to provide an employee with a written statement of prescribed partiuclars within a specified period of the commencement of their employment

A

no - not I written contract already provided

50
Q

within what period of time following a breach of employment contract can an action for wrongful dismissal be bought

A

six years

51
Q

Can a company be a data subject

A

no only individuals can be

52
Q

must record of written resolution and minutes of general meetings by company be kept at registered offices

A

No - may be kept at any other place specified in regulations prescribed by Secretary of State but must be available for inspection

53
Q

How long must record of written resolutions and minutes of general resolutions be kept

A

10 years

54
Q

T/F
Directors of a private company with one class of share may be authorised by a special resolution of the company’s members to allot shares as if the statutory rights of pre-emption did not apply

A

true - may also be given right in articles

55
Q

T/F
Where purchase of shares of own shares is made by means of off market purchase, the company is required to pass a special resolution as opposed to an ordinary resolution approving the relevant contract

A

True

56
Q

Directors in breach of financial assistance may face the following punishments

A

fine,
imprisonment
civil liability

57
Q

Private company wanting to reduce capital what would special resolution need to be supported by

A

directors solvency statemetn

58
Q

Trademarks are used to protect

A

product names and logos

59
Q

penalty for failing to prevent bribery

A

a fine

60
Q

how many partners to introduce a new partner must agree

A

all - unanimous agreement is required

61
Q

How many partners to agree to ordinary management decision

A

Majority

62
Q

Can a majority of existing members agree to admit a new member to LLP

A

no unanimous agreement

63
Q

LLP change in membership must be communicated to Registrar of companies wihin

A

14 days

64
Q

Unfair dismissal requirement employment

A

2 years continuous employment with existinCg (or an associated) employer

65
Q

Contract for consumer credit must be

A

in writing

66
Q

Contract for transfer of property must be by

A

deed

67
Q

contract for lease over three years must be by

A

deed

68
Q

contract for regular payment to charity must be by

A

deed

69
Q

Mendelow’s matrix
low power low interest what do

A

min effort

70
Q

Mendelow’s matrix
low power high interest

A

inform

71
Q

Mendelow’s matrix
high power low interest what do

A

satisfy

72
Q

Mendelow’s matrix
high power high interest are

A

key players

Law Certificate (15 decks)

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