2020年ACCA考试财务会计（基础阶段）财经词汇汇总13

正确答案：
(iii) DELEGATION is giving a subordinate the discretion to make decisions within a certain, defined sphere of influence. Therefore the superior must possess the authority to delegate. The key element here is discretion and the level of authority within a specific sphere which is behind the problems at Flavours Fine Foods. Authority should be clearly delegated as appropriate to the managers and, through them, to the supervisors.

正确答案：

This question requires candidates to consider the law relating to terms in contracts. It specifically requires the candidates to distinguish between terms and mere representations and then to establish the difference between express and implied terms in contracts.
(a) As the parties to a contract will be bound to perform. any promise they have contracted to undertake, it is important to distinguish between such statements that will be considered part of the contract, i.e. terms, and those other pre-contractual statements which are not considered to be part of the contract, i.e. mere representations. The reason for distinguishing between them is that there are different legal remedies available if either statement turns out to be incorrect.
A representation is a statement that induces a contract but does not become a term of the contract. In practice it is sometimes difficult to distinguish between the two, but in attempting to do so the courts will focus on when the statement was made in relation to the eventual contract, the importance of the statement in relation to the contract and whether or not the party making the statement had specialist knowledge on which the other party relied (Oscar Chess v Williams (1957) and Dick
Bentley v Arnold Smith Motors (1965)).
(b) Express terms are statements actually made by one of the parties with the intention that they become part of the contract and
thus binding and enforceable through court action if necessary. It is this intention that distinguishes the contractual term from
the mere representation, which, although it may induce the contractual agreement, does not become a term of the contract.
Failure to comply with the former gives rise to an action for breach of contract, whilst failure to comply with the latter only gives rise to an action for misrepresentation.

Such express statements may be made by word of mouth or in writing as long as they are sufficiently clear for them to be enforceable. Thus in Scammel v Ouston (1941) Ouston had ordered a van from the claimant on the understanding that the balance of the purchase price was to be paid ‘on hire purchase terms over two years’. When Scammel failed to deliver the van Ouston sued for breach of contract without success, the court holding that the supposed terms of the contract were too
uncertain to be enforceable. There was no doubt that Ouston wanted the van on hire purchase but his difficulty was that
Scammel operated a range of hire purchase terms and the precise conditions of his proposed hire purchase agreement were
never sufficiently determined.
Implied terms, however, are not actually stated or expressly included in the contract, but are introduced into the contract by implication. In other words the exact meaning and thus the terms of the contract are inferred from its context. Implied terms can be divided into three types.
Terms implied by statute
In this instance a particular piece of legislation states that certain terms have to be taken as constituting part of an agreement, even where the contractual agreement between the parties is itself silent as to that particular provision. For example, under s.5 of the Partnership Act 1890, every member of an ordinary partnership has the implied power to bind the partnership in a contract within its usual sphere of business. That particular implied power can be removed or reduced by the partnership agreement and any such removal or reduction of authority would be effective as long as the other party was aware of it. Some implied terms, however, are completely prescriptive and cannot be removed.
Terms implied by custom or usage
An agreement may be subject to terms that are customarily found in such contracts within a particular market, trade or locality. Once again this is the case even where it is not actually specified by the parties. For example, in Hutton v Warren (1836), it was held that customary usage permitted a farm tenant to claim an allowance for seed and labour on quitting his tenancy. It should be noted, however, that custom cannot override the express terms of an agreement (Les Affreteurs Reunnis SA v Walford (1919)).
Terms implied by the courts Generally, it is a matter for the parties concerned to decide the terms of a contract, but on occasion the court will presume that the parties intended to include a term which is not expressly stated. They will do so where it is necessary to give business efficacy to the contract.

Whether a term may be implied can be decided on the basis of the officious bystander test. Imagine two parties, A and B, negotiating a contract, when a third party, C, interrupts to suggest a particular provision. A and B reply that that particular term is understood. In just such a way, the court will decide that a term should be implied into a contract.
In The Moorcock (1889), the appellants, owners of a wharf, contracted with the respondents to permit them to discharge their ship at the wharf. It was apparent to both parties that when the tide was out the ship would rest on the riverbed. When the tide was out, the ship sustained damage by settling on a ridge. It was held that there was an implied warranty in the contract that the place of anchorage should be safe for the ship. As a consequence, the ship owner was entitled to damages for breach of that term.
Alternatively the courts will imply certain terms into unspecific contracts where the parties have not reduced the general agreement into specific details. Thus in contracts of employment the courts have asserted the existence of implied terms to impose duties on both employers and employees, although such implied terms can be overridden by express contractual provision to the contrary.

正确答案：
(ii) ‘No frills’ low-cost budget airlines are usually associated with the following characteristics. Each of these characteristics
is considered in the context of Oceania National Airlines (ONA).
– Operational economies of scale
Increased flight frequency brings operational economies and is attractive to both business and leisure travellers. In
the international sector where ONA is currently experiencing competition from established ‘no frills’ low-cost budget
airlines ONA has, on average, one flight per day to each city. It would have to greatly extend its flight network, flight
frequency and the size of its aircraft fleet if it planned to become a ‘no frills’ carrier in this sector. This fleet
expansion appears counter to the culture of an organisation that has expanded very gradually since its formation.
Table 1 shows only three aircraft added to the fleet in the period 2004–2006. It is likely that the fleet size would
have to double for ONA to become a serious ‘no frills’ operator in the international sector. In the regional sector, the
flight density, an average of three flights per day, is more characteristic of a ‘no frills’ airline. However, ONA would
have to address the relatively low utilisation of its aircraft (see Tables 1 and 2) and the cost of maintenance
associated with a relatively old fleet of aircraft.
– Reduced costs through direct sales
On-line booking is primarily aimed at eliminating commission sales (usually made through travel agents). ‘No frills’
low-cost budget airlines typically achieve over 80% of their sales on-line. The comparative figure for ONA (see
Table 2) is 40% for regional sales and 60% for international sales, compared with an average of 84% for their
competitors. Clearly a major change in selling channels would have to take place for ONA to become a ‘no frills’
low-cost budget airline. It is difficult to know whether this is possible. The low percentage of regional on-line sales
seems to suggest that the citizens of Oceania may be more comfortable buying through third parties such as travel
agents.
– Reduced customer service
‘No frills’ low-cost budget airlines usually do not offer customer services such as free meals, free drinks and the
allocation of passengers to specific seats. ONA prides itself on its in-flight customer service and this was one of the
major factors that led to its accolade as Regional Airline of the Year. To move to a ‘no frills’ strategy, ONA would
have to abandon a long held tradition of excellent customer service. This would require a major cultural change
within the organisation. It would also probably lead to disbanding the award winning (Golden Bowl) catering
department and the redundancies of catering staff could prove difficult to implement in a heavily unionised
organisation.
Johnson, Scholes and Whittington have suggested that if an organisation is to ‘achieve competitive advantage through
a low price strategy then it has two basic choices. The first is to try and identify a market segment which is unattractive
(or inaccessible) to competitors and in this way avoid competitive pressures to erode price.’ It is not possible for ONA to
pursue this policy in the international sector because of significant competition from established continental ‘no frills’
low-cost budget airlines. It may be a candidate strategy for the regional sector, but the emergence of small ‘no frills’ lowcost
budget airlines in these countries threaten this. Many of these airlines enter the market with very low overheads
and use the ‘no frills’ approach as a strategy to gain market share before progressing to alternative strategies.
Secondly, a ‘no frills’ strategy depends for its success on margin. Johnson, Scholes and Whittington suggest that ‘in the
long run, a low price strategy cannot be pursued without a low-cost base’. Evidence from the scenario suggests that ONA
does not have a low cost base. It continues to maintain overheads (such as a catering department) that its competitors
have either disbanded or outsourced. More fundamentally (from Table 2), its flight crew enjoy above average wages and
the whole company is heavily unionised. The scenario acknowledges that the company pays above industry salaries and
offers excellent benefits such as a generous non-contributory pension. Aircraft utilisation and aircraft age also suggest a
relatively high cost base. The aircraft are older than their competitors and presumably incur greater maintenance costs.
ONA’s utilisation of its aircraft is also lower than its competitors. It seems highly unlikely that ONA can achieve the
changes required in culture, cost base and operations required for it to become a ‘no frills’ low-cost budget airline. Other
factors serve to reinforce this. For example:
– Many ‘no frills’ low-cost budget airlines fly into airports that offer cheaper taking off and landing fees. Many of these
airports are relatively remote from the cities they serve. This may be acceptable to leisure travellers, but not to
business travellers – ONA’s primary market in the regional sector.
– Most ‘no frills’ low-cost budget airlines have a standardised fleet leading to commonality and familiarity in
maintenance. Although ONA has a relatively small fleet it is split between three aircraft types. This is due to
historical reasons. The Boeing 737s and Airbus A320s appear to be very similar aircraft. However, the Boeings
were inherited from OceaniaAir and the Airbuses from Transport Oceania.
In conclusion, the CEO’s decision to reject a ‘no frills’ strategy for ONA appears to be justifiable. It would require major
changes in structure, cost and culture that would be difficult to justify given ONA’s current position. Revolution is the
term used by Baligan and Hope to describe a major rapid strategic change. It is associated with a sudden transformation
required to react to extreme pressures on the organisation. Such an approach is often required when the company is
facing a crisis and needs to quickly change direction. There is no evidence to support the need for a radical
transformation. This is why the CEO brands the change to a ‘no frills’ low-cost budget airline as ‘unnecessary’. The
financial situation (Table 3) is still relatively healthy and there is no evidence of corporate predators. It can be argued
that a more incremental approach to change would be beneficial, building on the strengths of the organisation and the
competencies of its employees. Moving ONA to a ‘no frills’ model would require seismic changes in cost and culture. If
ONA really wanted to move into this sector then they would be better advised to start afresh with a separate brand andairline and to concentrate on the regional sector where it has a head start over many of its competitors.