Download ICAEW ACA Law 100% ACCURATE ANSWERS2024/2025 and more Exams Law in PDF only on Docsity!
ICAEW ACA Law 100%
ACCURATE
ANSWERS2024/
What is the difference between civil law and criminal law? civil law: claimant and defendant criminal law : prosecution and accused true or false: the party brining a civil case to court is known as the prosecution false what is the party in court who is charged with a criminal offence known as? the defendant To what contract would the UN Convention on Contracts for the International Sale of Goods (UNCISG) apply? the sale of commercial vans from a manufacturer in america to a dealership what is UNCISG? UN Convention on contracts for the international sale of goods when does UNCISG not apply? doesnt apply to sale of goods for personal use and not to goods being auctioned when does UNCISG apply? when parties have their place of business in different states
What is an obligation of the seller under the UNCISG? to deliver goods of quality set out in the contract deliver goods on time To comply with Sharia law, should savings and lending arrangements avoid payment of interest? yes Under sharia law, what is riba? the concept of unlawful gain What is FOB? free onboard and relates to goods travelling by sea what are the two parties in a civil law case? claimant and defendant are civil law cases decided on the balance of probability? yes Under criminal law, does the burden of proof rest with the accused? no Under criminal law, is the victim of crime entitled to damages from the guilty party? yes Under criminal law, who does the burden of proof rest with? the prosecution
an agreement for the transfer of land what term best described where one party may set it aside but property transferred before avoidance is usually irrecoverable from a third party? voidable how must a proposed guarantee be so that it will be enforceable in a court of law? it can be oral provided it is evidenced in writing is someone entitled to a reward if they didnt know about the reward? no What legal term best described the advert of "50 whizzalong scooters remaining. 3 feet high. only £20 each" in a newspaper? invitation to treat what terms have the effect of terminating an offer? rejection, counter offer, a lapse of time what best describes 'mila asked whether he might be willing to accept 100 now and 100 at the end of the month'? a request for information if an offer states that it will remain open for three months, can the offeror revoke it before three months have passed? yes is a letter of revocation effective when posted? no
does the postal rule apply to acceptance or revocation? it applies to acceptance only, not revocation Can acceptance be expressed or inferred from conduct? yes should acceptance always be communication to the offeror in order for it to be effective? no true or false: an acceptance of a contractual offer sent by email takes effect as soon as the person accepting the offer presses the 'send' key? false true or false: whether or not postal acceptances is within the contemplation of the parties is a question of fact and may be deducted from all circumstances? true when the offeror prescribes a mode of communication of acceptance, can the offeree use an alternative mode, provided it is at least as expeditious as the mode prescribed? yes where these is no mode of communication of acceptance prescribed, what mode should the offeree use? any does the postal rule apply when acceptance is to be made 'by notice in writing'? no
no will the courts imply a term into a contract if required to do so by statute? yes can terms be implied on the basis of a custom or practise of a particular trade? yes are the parties to a social or domestic agreement presumed to have intended the agreement to be legally enforceable although this intention is rebuttable? no, there is a rebuttable presumption that they do no intend to create legal relations are the parties to a commercial agreement presumed to have intended the arrangement to be legally enforceable? yes can a contractual offer be terminated by rejection? yes can a contractual offer be terminated by a lapse of time? yes to be valid, does a contract have to contain written evidence of the principal terms of the contract? no to be valid, does a contract have to contain an agreement? no does revocation have to be in writing?
no it can also be expressed or implied does revocation have to be communicated to the offeree before acceptance? yes what best described privity of contract? individuals and businesses only have rights and obligations under a contract if they are a party to it which contracts must be in the form of a deed? contract for the transfer of land or property, contract for a lease over three years and contract for regular payment of a donation to charity which contract does not need to be in the form of a deed? contract for consumer credit as a general rule, can a party recover goods from a third party where the contract turns out to be invalid but void? yes as a general rule, can a party recover goods from a third party where the contract turns out to be invalid but voidable? no does a consumer credit agreement, governed by the consumer credit act 1974 have to be in writing? yes does a contract for the sale of goods have to be in writing? no
yes where an innocent party elects to treat a contract as discharged, do they waive the right to claim damages from the party in default? no they can treat the contract as discharged and sue for damages are damages for breach of contract primarily intended to restore the injured party to the same position they were in at the time when the contract was made? no is the claimant required to take every opportunity to mitigate their loss arising as a consequence of a breach of contract? no only required to take reasonable steps is specific performance awarded at the discretion of the court where damages would not be an adequate remedy? yes are specific performance more likely to be awarded in a contract for the sale of land? yes does a mandatory injunction have the same result as specific performance but less common? yes when is a prohibitory injunction relevant? when it is a negative promise when is a mandatory injunction relevant?
when it is positive action and requires supervision when is quantum meruit award/ claim relevant? where one party has been prevented from completing their performance of a contract but deserves to be paid for partial performance when are clauses that exclude liability for negligence void? if unreasonable is a contract between two private individuals subject to UCTA? no what is UCTA? unfair contract terms act 1977 what best describes the statutory test of reasonableness under the unfair contract terms act 1977? whether it is fair and reasonable, with regard to all the circumstances which were or which ought to have been known to the parties when the contract was made when are damages for losses sustained recoverable? recoverable to the extent that they are reasonably foreseeable and not too remote is specific performance awarded in cases of personal service? no is specific performance likely in a contract where supervision is required? no
does the amount of money needed to put the claimant in the position they would have achieved if the contract had been performed protects their expectation interest? yes true or false: if a claimant is seeking to reclaim money they have wasted in performing a contract that the defendant has breached, they are looking to protect their expectation interest? false what type of remedy is specific performance? a remedy made at the courts discretion and is equitable what does a mandatory injunction direct the defendant to do? directs them to take positive steps to undo something they have already done in a breach of contract true or false: the unfair contract terms act 1977 only applies to commercial contracts between businesses true is obtaining an apology a possible remedy under alternative dispute resolution? yes are alternative dispute resolution proceedings heard in private? yes are parties free to decide for themselves how arbitration will work for them? yes
if a dispute goes to mediation and conciliation, does an independent third party help resolve it between themselves? yes are mediation and conciliation agreements legally binding once finalised? no they are not legally binding true or false: Provided a party to a contract substantially performs their contractual obligations, that is a sufficient discharge of the contract and the other party has no redress for those parts of the contract which were not performed. false true or false: In all cases where a party to a contract fails to perform their contractual obligations, they will be liable for breach of contract. false as a general rule, where a contract is discharged by frustration, should any deposit received be repaid? yes true or false: Where a party causes an anticipatory breach of a contract, i.e., they indicate in advance that they have no intention of performing the contract, the other party may continue to incur costs in performing the contract and take action against the party in breach. true true or false: Where a party is in breach of contract, the other party may choose either to treat the contract as discharged (and sue for damages) or to affirm the contract. true
no Can a person ratify even if the agent has no authority at all to enter into the contract? yes Can a person ratify, even though they had no legal capacity at the time the contract was made provided they have full legal capacity at the time of any purported ratification? no is the relationship between a principal and their agent a fiduciary one? yes true or false: The agent only owes duties to a principal to the extent that such duties have been negotiated and included in the contract between them. false what is an agents duty in regards to monies? to account for all monies received as a result of being an agent can ratification only validate an agents past acts and will not endow any future authority? yes Is an agent entitled to delegate the tasks that they are appointed to undertake as they see fit? no
is an agent at liberty to reveal details about their principal discovered during the course of the agency relationship, once that relationship has ended? no is an agent required to keep confidentiality after an agency relationship has ended? yes what right does an agent have over property? the right to exercise a lien over property of the principal pending payment of sums owed how can ostensible authority arise? through acquiescence of the other partners Should a third party show that they have relied on a representation that the contracting party was acting as agent for their principal? yes Should there be a casual link between the third partys loss and their reliance upon the representation? ues for an agency by estoppel to arise, should there be a pre-existing agency relationship between the principal and the agent? no when an individual revokes the authority of their agent, should they inform the third parties who regularly deal with the agent of the change in circumstances in order to prevent the former agent having any continuing authority to act on their behalf?
can an agent disobey their principals legal and reasonable instructions if they believe it to be in the principals best interests? no they cannot disobey what best describes the level of skill expected of an agent? that of a person in their profession is an agent entitled to be repaid their expenses and to be indemnified by their principal against losses and liabilities? yes provided their acts are done properly within the limits of their authority when is an agent entitled to a reasonable amount? when an agents remuneration is not fixed does an agents implied authority allow them to do all things usually associated with the agents office? yes is an agents incidental and usual authority part of their apparent authority? no when an agent has no authority to enter the principal into a contract, can the principal sue and be sued on the contract if they ratify it? yes
