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A concise question and answer format covering key aspects of icaew (institute of chartered accountants in england and wales) law. It includes topics such as contract law, tort law, company law, and employment law. The questions address fundamental concepts and principles within each area, offering brief answers that serve as quick references or study aids. It is useful for students preparing for law exams or professionals seeking a refresher on legal concepts. Designed to facilitate quick review and comprehension of essential legal principles.
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What is the UNCISG? - Answer - Contract law for parties in different countries What is Riba - Answer - Concept of unlawful gain Void Contract and factor - Answer - No contract and goods returned, illegality Voidable Contract and factors - Answer - Can be set aside by injured party, lack of capacity/absence of free will/misrepresentation When is consideration not required? - Answer - Conveyancing, leases over 3 years, unsupported promises Consideration must be - Answer - sufficient but need not be adequate What is privity of contract - Answer - Only person party to contract has enforceable rights 3 ways contracts can be discharged - Answer - Performance, frustration, breach Remedies for breach of contract - Answer - Damages (most likely), specific performance, injunction Key features of alternative dispute resolution - Answer - Decision lacks legal authority, cheaper than court, held in private What does UCTA apply to - Answer - Contracts between businesses, not insurance/land/individuals or consumers When is a term unfair - Answer - It causes significant imbalance between parties right and obligation What is agency by estoppel - Answer - Words/conduct of principal gives 3rd party the impression of someone being the agent Ostensible Authority - Answer - Created by principal either expressly or by inaction Implied Authority - Answer - Do all usual or incidental things within the job What is tort - Answer - Civil wrong with no pre-existing contractual relationship Duty of care key factors - Answer - Reasonably foreseeable, proximity, fair just and reasonable, public policy
Res Ipsa Loquitur - Answer - the facts speak for themselves Special relationship - Answer - Paid for professional advice Damages for negligence put the claimant... - Answer - In the same position if had not suffered any loss Vicarious Liability - Answer - One person can be held legally responsible/liable for tortious acts of another (e.g. employers) Does an LLP need a partnership agreement - Answer - No but they normally do LLP must send confirmation statement to registrar every - Answer - Year when is the veil of incorporation lifted? - Answer - Prevent tax evasion, reveal national identify, quasi-partnership, director disqualified, fraudulent/wrongful trading Minimum share capital of public vs private - Answer - £50000 vs 0 How many directors do public and private companies need - Answer - Public 2, private 1 Accounts of public vs private - Answer - Public within 6 months, private within 9 months What is needed for a company to change name - Answer - Special resolution What is needed for alteration of articles? And for articles contain provision for entrenchment - Answer - Special consideration, all members or by court order for entrenchment Small company requirements - Answer - <10.2m turnover, 5.1m balance, 50 employees What is a de facto director - Answer - Acts as a director with same powers but not validly appointed How many directors do public and private companies need - Answer - Public 2 private 1 What is needed to remove director - Answer - Ordinary resolution Wrongful trading - Answer - Where a person continued trading despite knowing the company would go into insolvent liquidation Consequences of fraudulent trading - Answer - Unlimited fine and 10 years prison Consequences of wrongful trading - Answer - Make such contribution to the assets of the company as the court think proper
Penalty for money laundering - Answer - 14 years prison or unlimited fine Penalty for failure to report money laundering - Answer - 5 years prison or unlimited fine Penalty for tipping off - Answer - 2 years prison or unlimited fine What is the defence for money laundering - Answer - Threats of physical violence Penalty for bribery - Answer - 10 years prison and unlimited fine Penalty for fraud - Answer - 10 years prison and unlimited fine Penalty for insider trading - Answer - 7 years prison and unlimited fine Self employed person contract - Answer - Contract FOR services 3 key factors for determining employee status - Answer - Mutuality of obligations, can individual delegate, employer control Breach of health and safety regulations - Answer - 2 years prison and unlimited fine Victimisation - Answer - Treated badly because of performing a protected act Employees not within unfair dismissal act - Answer - Working outside GB, dismissed while taking unofficial strike, employed for less than 2 years, made 3 months after Remedies for unfair dismissal - Answer - Reinstatement, re-engagement, compensation Remedies for wrongful dismissal - Answer - Damages Conditions to be covered by redundancy - Answer - Over 2 years, employee, within 6 months Non compliance with data protection penalty - Answer - Fine of 18 million or 4% of global turnover