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law - may 2001

law - may 2001

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Published by Rafay Mahmood

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Published by: Rafay Mahmood on Jul 27, 2009
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02/01/2013

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3b
FBLW
\u00a9 The Chartered Institute of Management Accountants 2001
Foundation Level
Business Law
21 May 2001
Day 1 \u2013 early afternoon
INSTRUCTIONS TO CANDIDATES
Read this page before you look at the questions

You are allowed TWO hours to answer this question paper.
Answer the ONE question in section A (this has 25 sub-questions).
Answer TWO questions ONLY from section B.
Write your examination number in the boxes provided on the front of the answer book.
Write FBLW on the line marked "Subject" on the front of the answer book.
Write your examination number on the special answer sheet for section A which is on page 3 of

this question paper booklet.

Detach the sheet from the booklet and insert it into your answer book before you hand this in.
Do NOT write your name or your student registration number anywhere on your answer book.
Tick the appropriate boxes on the front of the answer book to indicate which questions you have

answered.
FBLW
2
May 2001
SECTION A \u2014 50 MARKS
ANSWERALL TWENTY-FIVE SUB-QUESTIONS \u2013 2 MARKS EACH
Question One
1.1Which ONE of the following is the highest court in England?
A
The Court of Appeal.
B
The House of Lords.
C
The High Court.
D
The Crown Court.
1.2Which part of a case decided by the courts is binding on lower courts dealing with the
same material facts?
A
Obiter dicta.
B
The decision of the judge.
C
The ratio decidendi.
D
All the above.
1.3In the tort of negligence, damages are payable in respect of
A
reasonably foreseeable losses.
B
losses which are a direct consequence of the breach of duty.
C
all the losses caused by the breach of duty.
D
losses which are within the contemplation of the parties.
1.4Which of the following statements is/areco rrect?
(i)
An employer is vicariously liable for the torts of employees committed in the course
of their employment.
(ii)
An employer is vicariously liable for the torts of independent contractors, if they
were committed whilst carrying out work for the employer.
A
(i) only.
B
(ii) only.
C
Both (i) and (ii).
D
Neither (i) nor (ii).
Each of the sub-questions numbered from1.1 to1.25 inclusive, given below, has only ONE correct
answer.
May 2001
3
FBLW
1.5Which of the following statements is/areco rrect?
(i)
A contract of employment must be in writing.
(ii)
An employer must provide written particulars of the employment for the employee.
A
(i) only.
B
(ii) only.
C
Both (i) and (ii).
D
Neither (i) nor (ii).
1.6Which ONE of the following statements isin co rrect?
A
It is automatically unfair to dismiss an employee for trade union activity.
B
It is automatically unfair to dismiss an employee who becomes pregnant.
C
It is automatically unfair to dismiss an employee who enforces a statutory right.
D
It is automatically unfair to dismiss an employee who refuses to obey a reasonable
instruction.
1.7Which ONE of the following isin co rrect?
A
An employer is obliged to provide an employee with a reference.
B
An employer must allow Health and Safety representatives reasonable paid time off work
to perform their functions.
C
An employer must provide an employee with a safe working environment.
D
Employees who have three months\u2019 continuous employment are entitled to paid leave.
1.8Which of the following statements is/areco rrect?
(i)
If an agreement is stated to be \u201cbinding in honour only\u201d, the parties have decided
that the agreement should not have contractual force.
(ii)
If an agreement is not in writing, the parties are presumed to have intended that it
should not be legally enforceable.
A
(i) only.
B
(ii) only.
C
Neither (i) nor (ii).
D
Both (i) and (ii).

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