ACCA考试《经济法》章节练习(2020-08-12)

发布时间:2020-08-12


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Please use the space provided on the inside cover of the Candidate Answer Booklet to indicate your chosen answer to each multiple choice question.

1 Which of the following involves an offer which may only be accepted by performing an action?

A、A collateral contract

B、 A unilateral contract

C、A bilateral contract

2 An agency relationship which is made retrospectively is referred to by which of the following terms?

A、 Agency by estoppel

B、 Agency by ratification

C、Agency by necessity

3 In contract law, the ‘market price rule’ arises in relation to which of the following?

A、 Offer

B 、Consideration

C、 Remoteness

D、 Mitigation

4 In relation to a debenture, which of the following is NOT true?

A 、It may be issued at a discount

B、 Interest on it may be paid from capital

C、 It is paid after preference shares

D、It is freely transferable

5 Tan writes to Yun stating that he will sell his car to him for £10,000. At the same time, Yun writes to Tan stating that he will buy his car for 10,000. Which of the following statements applies to this situation?

A、There is a binding agreement due to the postal rule

B、There is a collateral contract

C、 There is neither an agreement nor a contract

6 Which of the following statements about contracts of employment is true?

A、They can be made either orally or in writing

B、 They must be made in writing

C、They must be evidenced in writing

7 Where directors make a false statement of solvency prior to a members’ voluntary liquidation, which of the following have they committed under the relevant legislation?

A、 A breach of criminal law with criminal penalties

B、A breach of civil law with criminal penalties

C、A breach of civil law with civil liability

D、 A breach of both civil and criminal law with liabilities under both

8 Which of the following is the consequence when a patient signs a medical consent form before an operation?

A、 The patient gives up any right of action for any injury suffered

B 、Any action for any injury suffered during the operation is limited to negligence

C 、The level of any potential payment for any injury suffered is reduced

9 Where a contract states the sum to be paid in the event of a breach of contract, the stated sum is known as which of the following?

A、Unliquidated damages

B、 Liquidated damages

C、Specific damages

D、 Nominal damages

10 Which of the following applies to the concept of enlightened shareholder value?

A、 It is the price shares can be expected to raise if they were to be sold

B、It is the yardstick for assessing the performance of directors’ duties

C、 It is the standard of behaviour expected of shareholders in general meetings

Answer:

1 、B2 B3 D4 C5 C6 A7 A8 B9 B10 B

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(b) Compare and contrast Gray, Owen and Adams’s ‘pristine capitalist’ position with the ‘social contractarian’

position. Explain how these positions would affect responses to stakeholder concerns in the new stadium

project. (8 marks)

正确答案:

(b) A recruitment service offered to clients. (7 marks)

正确答案:
(b) Recruitment service
IFAC’s Code of Ethics for Professional Accountants does not prohibit firms from offering a recruitment service to client
companies. However several ethical problems could arise if the service were offered. The severity of these problems would
depend on the exact nature of the service provided, and the role of the person recruited into the client’s organisation.
Specific ethical threats could include:
Self-interest – clearly the motive for Becker & Co to offer this service is to generate income from audit clients, thereby creating
a financial self-interest threat. The amount received for the recruitment service depends on the magnitude of the salary of the
person employed. The more senior the person recruited, the higher their salary is likely to be, and therefore the higher the
fee to be paid to Becker & Co.
In addition, the firm could be tempted to advise positively on the recruitment of an individual merely to receive the relevant
recruitment fee, without properly considering the suitability of the person for the role.
Familiarity – when performing the audit, the auditors may be less likely to criticise or challenge the work performed by a
person they helped to recruit, as any significant problems discovered may make the recruitment appear ill-advised.
Management involvement – there is also a threat that the audit firm could be perceived to be making management decisions
by selecting employees. The firm could offer services such as reviewing the professional qualifications of a number of
applicants, and providing advice on the applicant’s suitability for the post. In addition the firm could draw up a shortlist of
candidates for interview, using criteria specified by the client. However in all cases, the final decision as to whom to hire must
be made by the client, as the audit firm should not make, or be perceived to be making, management decisions.
The threats discussed above would increase in significance if the recruitee took on a role in key management pertaining to
the finance function, such as finance director or financial controller. The threats would be less severe if the audit firm advised
on the recruitment of a junior member of the client’s finance function.
If these threats could not be reduced to a level less than clearly insignificant, then the recruitment service should not be
offered.
Commercial evaluation
The firm should consider whether there is likely to be much demand for the potential service before developing such a
resource. Some form. of market research is essential.
Offering this type of service represents a significant departure from normal audit services. The firm should consider whether
there is sufficient knowledge and expertise to offer a recruitment service. Ingrid Sharapova seems to have some experience,
but her skills may be out of date, and may not be specifically relevant to the recruitment of finance professionals. It may be
that considerable training and possibly the attainment of a new professional qualification relevant to recruitment may be
necessary for a credible service to be offered to clients.
If the recruitment service proved successful, then Ingrid could be faced with too much work as she is the only person with
relevant experience, and has no one to delegate to. If the firm decides to offer this service, then one other person should
receive appropriate training, to cover for Ingrid’s holidays and any sick leave, and to provide someone for Ingrid to delegate
to. The financial cost of such training should be considered.
Finally, Becker & Co should consider the potential damage to the firm’s reputation if the service offered is not of a high quality.
If the partners decide to pursue this business opportunity, they may wish to consider setting it up as a separate entity, so that
if the business fails or its reputation is questioned, the damage to Becker & Co would be minimised.

2 John Dixon is the recently appointed Chief of Police for a major city in the UK. He has inherited a major problem in

that its residents are very concerned with various forms of antisocial behaviour and minor crimes carried out by a

small number of people, which makes living, working, travelling and socialising in the city centre unpleasant rather

than life threatening. The city’s residents have recently voted for it being one of the five worst cities in the UK in which

to live. There is little or no contact between the police and these residents.

The city is split into a number of police districts, each with its own senior officer in charge. Their focus is on the

response to emergency calls and solving serious crimes in their district rather than the less urgent crimes affecting

everyday living in the city. Response times and serious crime solution rates are the traditional measures by which their

performance is measured and leave them open to criticism of simply reacting to events. There is little sense of being

part of a city police force and, consequently, little sharing of information and experience between the different districts.

The failure in policing antisocial behaviour in the city is seen as being largely the result of a shortage of resources.

There are also important internal and external groups varying in their support or resistance to any necessary change

in policing strategy. Key players include the mayor of the city anxious to improve the reputation of the city, the city’s

press, traditionally used to highlighting police failures rather than successes and finally the courts of justice, which

are reluctant to take on the increased workload that any moves towards reducing antisocial behaviour would produce.

John is aware of the complexity of the problem he faces in changing the way the city is policed to improve the quality

of life of its citizens. He has, however, an impressive track record as a change agent in previous appointments and is

confident that he can bring about the necessary change.

Required:

(a) Using change management models where appropriate, provide John with a brief report on the nature of

change needed in the way the city is policed in order to improve the city’s quality of life. (12 marks)

正确答案:
(a) To: John Dixon
From: Change Management consultant
Changes to policing and impact on the city’s quality of life
This is a complex problem involving different stakeholders each of which is looking for different results from the policing
system. The recognition of the need to change is one of the most difficult parts of the change process. There will be
considerable commitment to the current ways of doing things reinforced by the ways in which performance is measured. The
various stakeholders involved will have different perceptions of the problem and the need for change. They will have different
levels of power and influence and different levels of interest in seeing the change happen. Mendelow’s model for mapping
may prove useful in understanding how to handle the expectations of the different groups. The key players would clearly be
the senior officers in charge of the city’s districts who will be responsible for implementing any change in the way the city is
policed. You will have to decide how to convince these officers that a change to the way they currently do things is needed.
One suggestion is that they actually get first-hand experience of the conditions being faced by the city’s residents. Another
group with significant power and interest are the courts because if they refuse to process the cases of antisocial behaviour
then the whole strategy will fail. However, the interest of the mayor and the media in the reputation the city has gained may
be used to counter the reluctance of the courts to take on the extra workload.
One of the most popular models for understanding change and likely resistance to it, is to carry out a forcefield analysis.
Johnson, Scholes and Whittington argue that such an analysis ‘provides an initial view of change problems that need to be
tackled, by identifying forces for and against change’. They ask three key questions:
What aspects of the current situation might aid change in the desired direction, and how might these be reinforced?
What aspects of the current situation would block such a change, and how can these be overcome?
What needs to be introduced or developed to aid change?

Forcefield analysis
Pushing Resisting
Residents’ desire for safer city Police commitment to serious crime
Mayor of city – city’s reputation District focus and not city concern
John Dixon’s desire for change Traditional performance measures
Courts fear of increased workload
Police resources over committed
Forcefield analysis was first developed by Kurt Lewin and linked to his 3-step model of change where to accomplish desired
change it is necessary to get the various stakeholders to recognise the need for change and unfreeze the situation. This will
require you to use some or all of the styles of managing change explained below. One of the real problems is that each
stakeholder will feel that they have an objective view of the situation. Getting a shared view may be very difficult to achieve
and require real leadership on your part.
Once the need to change is agreed there will need to be major changes in the way the city is policed to achieve the desired
goal of eliminating antisocial behaviour and improving the quality-of-life for the city’s residents. Real change will be needed
to the way in which police resources are deployed, the systems used to police on a city rather than on a district basis and
the way results are measured and publicised. There will be a need for ‘quick wins’ to show the potential positive results
achievable with the new strategy.
Finally, rewards and sanctions must be put in place to re-enforce the desired state of affairs and prevent behaviours slipping
back to the previous position. Here you will need to look at how to refreeze the situation and clearly show how the new
position means that the goals of the city and its stakeholders are really shared.
There are many available change models for a programme such as this such as the Gemini 4Rs framework and most will
look to assess the scope of change required and the timeframe. available to achieve it. Undoubtedly, you will require many ofthe skills associated with project management in a major change programme such as this.
Yours,

5 The directors of Quapaw, a limited liability company, are reviewing the company’s draft financial statements for the

year ended 31 December 2004.

The following material matters are under discussion:

(a) During the year the company has begun selling a product with a one-year warranty under which manufacturing

defects are remedied without charge. Some claims have already arisen under the warranty. (2 marks)

Required:

Advise the directors on the correct treatment of these matters, stating the relevant accounting standard which

justifies your answer in each case.

NOTE: The mark allocation is shown against each of the three matters

正确答案:
(a) The correct treatment is to provide for the best estimate of the costs likely to be incurred under the warranty, as required by
IAS37 Provisions, contingent liabilities and contingent assets.

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