2015ACCA考6月F4考试模拟题.pdf

1Which of the following statements would NOT be binding on a later court? One which was part of an obiter dictum One made by a previous court with superior status One based on a proposition of law rather than a question of fact 2 Which TWO of the following statements regarding legislation are correct? Those who draft statute cannot anticipate every case which may arise Courts may strike out any legislation which is contrary to the European Convention on Human Rights An Act always comes into operation immediately after it receives Royal Assent The electoral system means that the statute-making process responds to public opinion 3 When interpreting statute, a judge may give words meanings which deviate from their ordinary, everyday meanings, in recognition of the problem the statute was written to address. Which rule of statutory interpretation does this statement describe? The mischief rule The golden rule The contextual rule 4 For each of the following statements regarding human rights, indicate whether it is true or false. . True False The government can never enact new legislation which is incompatible with the European Convention on Human Rights Existing legislation must be interpreted in a way which is compatible with the European Convention on Human Rights 5Under the tort of negligence, to whom do the auditors of a public company owe a duty of care? The company itself Existing shareholders considering increasing their investment The public at large 6 Which of the following statements regarding the tort of negligence is correct? The claimant need not have suffered actual injury, damage or loss A duty of care will only exist if the harm suffered was reasonably foreseeable The duty of care is the same whatever the seriousness of the risk A duty of care is breached even if the cost to eliminate the danger far exceeds the risk 7 Indicate whether the following statements regarding defences to negligence are true or false. . True False If a claimant contributed to the