THE LAW SOCIETY OF SCOTLAND
EXAMINATIONS
SCOTS COMMERCIAL LAW
PAPER TWO
Friday 20 MAY 2005
1330 – 1530
(Two Hours)
Candidates should answer any THREE
questions
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Law of Agency, Negotiorum Gestio, Apparent Agency, Ostensible Agency, Alleged Negligence, Liability for Debts of Firm, Classes of Shares, Rights of Shareholders, Transfer of Shares are some points from Commercial Law exam paper.
Typology: Exams
2011/2012
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THE LAW SOCIETY OF SCOTLAND
EXAMINATIONS
SCOTS COMMERCIAL LAW
PAPER TWO
Friday 20 MAY 2005
(Two Hours)
Candidates should answer any THREE
questions
THE LAW SOCIETY OF SCOTLAND
EXAMINATIONS
SCOTS COMMERCIAL LAW
PAPER TWO
20 MAY 2005
(Two Hours)
Candidates should answer any THREE questions.
- Write short notes on BOTH of the following concepts in the law of agency: (a) negotiorum gestio (b) apparent (or ostensible) agency
- You have been consulted by Jack and his daughter, Jill. Jack is a partner in the family firm, Hill and Co. He is planning to retire at the end of the summer and it has been agreed that Jill will be assumed as a partner in his place. However, both are concerned about their liability for any debts of the firm, particularly since Jack is aware that a client of the firm has intimated a large claim against the firm based on the alleged negligence of one of the other partners.
Advise Jack and Jill.
- Explain the function and contents of both a company's memorandum of association and articles of association and how they may be altered.
- Write short notes on ALL of the following:
(a) classes of shares (b) the rights of shareholders (c) transfer of shares
- It has been said that the present arrangements for the registration of security rights granted by companies are unsatisfactory. Explain what the present law is and the extent to which you agree with that statement.
- You have been consulted by Miss Spender about her financial problems. Advise her as to the relative advantages and disadvantages of a trust deed for creditors, the debt arrangement scheme introduced by the Debt Arrangement and Attachment (Scotland) Act 2002 and sequestration as possible solutions to her problems.
- Explain and discuss the main changes to administration brought about by the Enterprise Act 2002.