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F1 - Legal Framework August 07

F1 - Legal Framework August 07

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Published by aajnaramachandran

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Published by: aajnaramachandran on Oct 08, 2009
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10/07/2009

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NOTES
Number of Questions to be answered:
FIVE
(Only the first five questionsanswered will be marked). All question carry equal marks.
TIME ALLOWED:
3 hours, plus 10 minutes to read the paper.
INSTRUCTIONS:
During the reading time you may write notes on the examination paper but you may not commencewriting in your answer book.Marks for each question are shown. The pass mark required is 50% in total over the whole paper.
Start your answer to each question on a new page.
You are reminded that candidates are expected to pay particular attention to their communication skillsand care must be taken regarding the format and literacy of the solutions. The marking system will takeinto account the content of the candidates' answers and the extent to which answers are supported withrelevant legislation, case law or examples where appropriate.List on the cover of each answer booklet, in the space provided, the number of each question(s)attempted.
LEGAL FRAMEWORK
FORMATION 1 EXAMINATION - AUGUST 2007
The Institute of Certified Public Accountants in Ireland, 9 Ely Place, Dublin 2.
 
THE INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS IN IRELAND
LEGAL FRAMEWORK
FORMATION I EXAMINATION – AUGUST 2007Time Allowed: 3 hours, plus 10 minutes to read the paper. Number of Questions to be answered: FIVE(Only the first five questions answered will be marked).All questions carry equal marks.
(Note: Case Law and Statute, should, where appropriate, be mentioned) 
1.
Discuss the structure and operation of the civil courts in the Irish legal system.
[Total: 20 marks]
2.
A mortgage is defined as a form of security in which a legal or equitable estate in property is transferred tothe lender. Discuss the differences between legal and equitable mortgages.
[Total: 20 marks]
3.
Discuss and analyse, with reference to the relevant case law, the duty of care in Irish tort law.
[Total: 20 marks]
4.
Quick Jet plc. is an airline that operates an air miles scheme which promises a reward of
1,000 to anypassenger who accumulates 10,000 air miles over a 4 week period. John accumulates the required airmiles in accordance with the conditions of the scheme but Quick Jet refuse to make the
1,000 payment.Advise John.
[Total: 20 marks]
5.
Protection is afforded to some but not all employees under the Unfair Dismissals Act, 1977, as amended.Outline and discuss the main provisions of this act, also indicating who are excluded from itʼs provisions.
[Total: 20 marks]
6
. Harry bought a second hand DVD player for Christmas from Megabargains Ltd. When he visited the shophe was told that the DVD players were in excellent condition. He was shown what appeared to be a 2005model and was told that it was only two years old and in excellent working order. He bought the DVDplayer. The DVD player malfunctioned after three weeks and Harry discovered that it had been repaired onseveral occasions prior to his purchasing it and that it was in fact a 2002 model. Harry now wishes to returnthe DVD player and recover the money that he paid for it. Advise Harry of his rights under the Sales ofGoods legislation.
[Total: 20 marks]
7.
“Article 82 of the E.C. Treaty applies when an undertaking has a dominant position”. Discuss article 82clearly indicating your understanding of:i) an undertakingii) the definition of a relevant market, andiii) the main indications of dominance.
[Total: 20 marks]END OF PAPER
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