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ACCA F4 ENG Final Assessment J11 Ans With Marks

ACCA F4 ENG Final Assessment J11 Ans With Marks

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Published by: Shehroz Malik on May 31, 2011
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ACCAF4 (ENG)Corporate and Business LawJune 2011Final Assessment – Answers
To gain maximum benefit, do not refer to theseanswers until you have completed the finalassessment questions and submitted them for marking.
 
PAPER F4 (ENG)
: CORPORATE AND BUSINESS LAW2
 
KAPLAN PUBLISHING
 
© Kaplan Financial Limited, 2010The text in this material and any others made available by any Kaplan Group company doesnot amount to advice on a particular matter and should not be taken as such. No relianceshould be placed on the content as the basis for any investment or other decision or inconnection with any advice given to third parties. Please consult your appropriateprofessional adviser as necessary. Kaplan Publishing Limited and all other Kaplan groupcompanies expressly disclaim all liability to any person in respect of any losses or otherclaims, whether direct, indirect, incidental, consequential or otherwise arising in relation tothe use of such materials.All rights reserved. No part of this examination may be reproduced or transmitted in anyform or by any means, electronic or mechanical, including photocopying, recording, or byany information storage and retrieval system, without prior permission from KaplanPublishing.
 
 
FINAL ASSESSMENT ANSWERSKAPLAN PUBLISHING
3
ANSWER 1
Tutorial help and key points:
 The key word here is 'briefly', so detail can be limited.In (a), the main points are the three factors: hierarchy, material facts, 'ratio' not 'obiter'statements.In (b), there are five exceptions to the doctrine of precedent.
Marks
(a) The UK courts are generally bound by their earlier decisions, based onthe following three principles:(i) The hierarchy of the courts. As a general rule, higher courts bindlower courts in this (descending) order: ECJ, House of Lords,Court of Appeal, High Court. [1–2](ii) Decisions are binding where the important or 'material' facts arethe same. [1](iii) Only the 'ratio decidendi' aspect of a ruling (literally the 'reasonfor the decision') forms the binding part of a decision. This is theprinciple of LAW (not facts) on which the decision was based. [1–2](An example would be the principle of the duty of care owed by amanufacturer to a consumer established in
Donoghue v Stevenson (1932)
, not the fact that the consumer ate the partiallydecomposing remains of a snail.)Other statements made 'obita dicta' (literally 'other things thatwere said') are merely persuasive, not binding. A judge in a later case can choose to follow it but is not bound to do so. [1–2]The purpose of the doctrine of judicial precedent is to provideclarity and consistency in the law, yet retaining flexibility shouldthe law need to be changed. [1](b) A precedent is not considered binding in circumstances where:(i) it has been overruled by a higher court;(ii) the material facts differ from those of the earlier case, so it maybe 'distinguished on the facts';(iii) it has been overruled by statute;(iv) it was made per incuriam ('through lack of care'); or (v) where the ratio was obscure or ambiguous, such as where judges sitting on appeal (between three and five in each case)reach the same conclusion but for different reasons, so that ineffect there are several 'ratios'.[1 mark per point]
[Total max: 10 marks]

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