ACCA考试《公司法与商法》章节练习(2020-08-12)

发布时间：2020-08-12

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Question：

In relation to the law of contract,explain the rules relating to：

(a)acceptance of an offer;

(b)revocation of an offer.

Answer：

This question requires an explanation of the rules relating to the acceptance and revocation of offers in contract law.

(a)Acceptance is necessary for the formation of a contract. Once the offeree has accepted the terms offered, a contract comes into effect. Both parties are bound： the offeror can no longer withdraw their offer, nor can the offeree withdraw their acceptance. The rules relating to acceptance are：

(i)Acceptance must correspond with the terms of the offer. Thus, the offeree must not seek to introduce new contractual terms into their acceptance (Neale v Merrett (1930)).

(ii)A counter-offer does not constitute acceptance (Hyde v Wrench (1840)). Analogously, a conditional acceptance cannot create a contractual relationship (Winn v Bull (1877)).

(iii)Acceptance may be in the form of express words, either oral or written. Alternatively, acceptance may be implied from conduct (Brogden v Metropolitan Railway Co (1877)).

(iv)Generally, acceptance must be communicated to the offeror. Consequently, silence cannot amount to acceptance (Felthouse v Bindley (1863)).

(v)Communication of acceptance is not necessary, however, where the offeror has waived the right to receivecommunication. Thus in unilateral contracts, such as Carlill v Carbolic Smoke Ball Co (1893), acceptance occurredwhen the offeree performed the required act. Thus, in the Carlill case, Mrs Carlill did not have to inform the Smoke Ball Co that she had used their treatment.

(vi)Where acceptance is communicated through the postal service, then it is complete as soon as the letter, properly addressed and stamped, is posted. The contract is concluded even if the letter subsequently fails to reach the offeror(Adams v Lindsell (1818)). However, the postal rule will only apply where it is in the contemplation of the parties that the post will be used as the means of acceptance. If the parties have negotiated either face to face, in a shop, for example, or over the telephone, then it might not be reasonable for the offeree to use the post as a means ofcommunicating their acceptance and they would not gain the benefit of the postal rule.

The postal rule applies equally to telegrams (Byrne v Van Tienhoven (1880)). It does not apply, however, when means of instantaneous communication are used (Entores v Miles Far East Corp (1955)).

In order to expressly exclude the operation of the postal rule, the offeror can insist that acceptance is only to be effective on receipt (Holwell Securities v Hughes(1974)). The offeror can also require that acceptance be communicated in a particular manner. Where the offeror does not insist that acceptance can only be made in the stated manner, then acceptance is effective if it is communicated in a way no less advantageous to the offeror (Yates Building Co v J Pulleyn& Sons (1975)).

(b)Revocation is the technical term for the cancellation of an offer and occurs when the offeror withdraws their offer. The rules relating to revocation are：

(i)An offer may be revoked at any time before acceptance. However, once revocation has occurred, it is no longer open to the offeree to accept the original offer (Routledge v Grant (1828)).

(ii)Revocation is not effective until it is actually received by the offeree. This means that the offeror must make sure that the offeree is made aware of the withdrawal of the offer, otherwise it might still be open to the offeree to accept the offer(Byrne v Tienhoven (1880)).

(iii)Communication of revocation may be made through a reliable third party. Where the offeree finds out about thewithdrawal of the offer from a reliable third party, the revocation is effective and the offeree can no longer seek to accept the original offer (Dickinson v Dodds (1876)).

(iv)A promise to keep an offer open is only binding where there is a separate contract to that effect. Such an agreement is known as an option contract, and it must be supported by separate consideration for the promise to keep the offer open.

(v)In relation to unilateral contracts, i.e. a contract where one party promises something in return for some action on the part of another party, revocation is not permissible once the offeree has started performing the task requested (Errington v Errington & Woods (1952)).

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下面小编为大家准备了 ACCA考试 的相关考题，供大家学习参考。

(b) Anne is experiencing some tension due to the conflict between her duties and responsibilities as an employee of

Fillmore Pierce and as a qualified professional accountant.

Required:

(i) Compare and contrast her duties and responsibilities in the two roles of employee and professional

accountant. (6 marks)

正确答案：
(b) (i) Contrasting roles
Joint professional and organisational roles are common to most professionals (medical professionals, for example).
Although the roles are rarely in conflict, in most cases it is assumed that any professional’s primary duty is to the public
interest rather than the organisation.
Organisational role
As a member of the staff of Fillmore Pierce, Anne is a part of the hierarchy of an organisation and answerable to her
seniors. This means that under normal circumstances, she should comply with the requirements of her seniors. As an
employee, Anne is ultimately accountable to the principals of the organisation (the partners in an audit firm or the
shareholders in a company), and, she is subject to the cultural norms and reasonable expectations of work-group
membership. It is expected that her behaviour at work will conform. to the social and cultural norms of the organisation
and that she will be efficient and hard working in her job.
Professional role
As an accountant, Anne is obliged to maintain the high professional and ethical standards of her profession. If her
profession is underpinned by an ethical or professional code, she will need to comply with that in full. She needs to
manage herself and co-ordinate her activities so as to meet professional standards. In this, she needs to ensure that she
informs herself in current developments in her field and undertakes continuing professional development as required by
her professional accounting body. She is and will remain accountable to her professional body in terms of continued
registration and professional behaviour. In many cases, this accountability will be more important than an accountability
to a given employer as it is the membership of the professional body that validates Anne’s professional skills.

(b) What research techniques could Mark use to get an accurate assessment of staff attitudes to the proposed

changes? (8 marks)

正确答案：
(b) As the term internal marketing implies, the methods of ascertaining staff reactions to the proposed growth strategy have close
parallels with the ways you find out about customer reaction to the company or its products. The benefits of taking a
structured research approach are considerable and often firms may prefer that attitude surveys are carried out by outside
consultants in order to improve objectivity and to remove some of the problems with Mark’s power and position. As with
external market research you are looking to see whether staff will ‘buy into’ the proposed strategy and the accurate
measurement of attitudes and consequent behaviour is very important.
Creating the framework for undertaking the research involves defining the issue to be researched – in this case staff attitudes
towards the growth strategy, designing the research methods, including the use of questionnaires and interviews, determining
the sample of staff to be involved, the use or otherwise of focus groups and ways of ensuring the data collected gives an
accurate picture of staff attitudes. The data generated must be analysed and presented to Mark in an appropriate way. How
the insights into staff attitudes are gained through the research is important, as is the communication of the results to the
staff. Mark should be aware that such research will inevitably create expectations among staff and managing those
expectations will be a test of his leadership powers.

6 Proposed ISA 600 (Revised and Redrafted) The Audit of Group Financial Statements is likely to substantially increase

the formal requirements in the area of group audits.

Required:

(a) Outline the significant issues that are being addressed in the IAASB’s project on group audits. (5 marks)

正确答案：
6 REQUIREMENTS IN GROUP AUDITS
Tutorial note: The answer which follows is indicative of the range of points which might be made. Other relevant material will be
given suitable credit.
(a) Significant issues
Tutorial note: The objective of the IAASB’s project on the audit of group financial statements (‘group audits’) was to deal
with special considerations in group audits and, in particular, the involvement of other auditors. The re-exposure of ISA 600
(Revised and Redrafted) in March 2006 (following initial publication of a proposed revised ISA in December 2003 and an
exposure draft in March 2005) reflects the significance of the issues that the IAASB has sought to address.
Sole vs divided responsibility
The IAASB has concluded that the group auditor has sole responsibility for the group audit opinion. Thus the exposure drafts
eliminate the distinction between sole and divided responsibility. Therefore no reference to another auditor (e.g. of significant
components) should be made in the group auditor’s report. The practice of referring to another auditor may, arguably, be more
transparent to users of group financial statements. However, it may also mislead users to believe that the group auditor does
not have sole responsibility.
Definition of group auditor
The group auditor is the auditor who signs the auditor’s report on the group financial statements. The project has sought to
clarify whether, for example, an auditor from another office of the group engagement partner’s firm is a member of the group
engagement team or an ‘other auditor’.
‘Related’ vs ‘unrelated’ auditors
IAASB recognises that the nature, timing and extent of procedures performed by the group auditor, including the review of
the other auditor’s audit documentation, are affected by the group auditor’s relationship with the other audit. (For example,
if the other auditor operates under the quality control policies and procedures of the group auditor.) However, IAASB
acknowledges that a consistent distinction between ‘related’ and ‘unrelated’ auditors cannot be made due to the varying
structures of audit firms and their networks. Consequently, the only distinction that is made is between the ‘group’ and ‘other’
auditors.
Acceptance/continuance as group auditor
A group auditor should only accept or continue an engagement if sufficient appropriate evidence is expected to be obtained
on which to base the group audit opinion. Acceptance and continuance as group auditors therefore requires an assessment
of the risk of misstatement in components. IAASB has therefore proposed guidance on the benchmarks that might be used
in identifying significant components.
Access to information
IAASB has concluded that a group audit engagement should be refused (or resigned from) if the group engagement partner
concludes that it will not be possible to obtain sufficient appropriate audit evidence, the result of which would be a disclaimer.
However, if the group engagement partner is prohibited from refusing or resigning an engagement, the group audit opinion
must be disclaimed.
Aggregation of components
Sufficient appropriate audit evidence must be obtained in respect of components that are not individually significant (but
significant in aggregate). This requires that components be selected for audit procedures (e.g. on specified account balances).
Analytical procedures are required to be performed on components that are not selected. IAASB has therefore identified factors
to be considered in selecting components that are not individually significant.
Responsibilities of other auditors
Historically, other auditors, knowing the context in which their work will be used by the group auditor, have been required to
cooperate with the group auditor. However, the project did not address guidance for other auditors. Therefore, in providing
guidance on the group audit, the IAASB requires the group auditor to obtain an understanding of the requirements for other
auditors to cooperate with the group auditor and provide access to relevant documentation.

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