English Legal System
• Court Hierarchy and the operation of judicial precedent. (BPP Study Text Q1 & Q2)
• How statute is created, delegated legislation – types, advantages, disadvantages and control.
• Impact of the Human Rights Act. (BPP Study Text Q3)
Law of Obligations
• Types of contractual terms – warranties, conditions and innominate terms. (BPP Study Text Q8)
• The rules governing offer, acceptance, consideration and intention in contract formation. (BPP Study Text Q4, Q5, Q6, Q7)
• Breach of contract including common law and equitable remedies. (BPP Study Text Q10 & Q11)
• Exclusion clauses, including the common law and statutory restrictions. (BPP Study Text Q9)
• The law of tort - knowledge questions will focus on definitions of the 3 stages in a tort, plus the defences. Application questions may ask you to advise on whether a tort has been committed and what the likely outcome will be. (BPP Study Text Q12 & Q13)
Employment Law
• The distinction between Employees and Self-employed workers, how this is made, and why it is important.
• The rights and duties of employees and employers. (BPP Study Text Q14)
• Workers rights upon dismissal including redundancy, unfair, wrongful and constructive dismissal. (BPP Study Text Q15)
Business Formation and Constitution
• The law of agency and partnerships – types and duties of partners. (BPP Study Text Q16 & Q17)
• How a company is formed and the role of agents. (BPP Study Text Q18 &Q19)
• The advantages of trading via a company, how the veil of incorporation can be lifted under common law and statute.
• The contents and impact of the Memorandum and Articles of Association. (BPP Study Text Q20 & Q21)
Capital Financing
• The different classifications of share capital and the rules for issuing and paying for new share capital. (BPP Study Text Q22 & Q24)
• Fixed and Floating charges. (BPP Study Text Q23)
Management and Administration of Companies
• Defining/describing the different types of meetings and resolutions. (BPP Study Text Q26)
• The statutory general and specific duties of directors. (BPP Study Text Q25)
• Appointment, removal, powers and duties of directors, secretaries and auditors.
Companies in Difficulty
• The difference between compulsory and voluntary (creditor’s and member’s) liquidation. (BPP Study Text Q27)
• The process and advantages of administration.
Ethics
• Questions could be either knowledge or application. The focus is likely to be on the roles and responsibilities of directors. A detailed knowledge of the Combined Code is NOT required. (BPP Study Text Q28)
• The law of Insider Dealing or Money Laundering will feature on most papers. (BPP Study Text Q29)
Han's tips:
A: Judicial precedent
statutory interpretation
Human rights
B: Intention to create legal relation
Capacity of contract - MINORS
Consent clauses
Breach of contracts & REMEDIES
LAW OF TORTS
C: Contract of service vs contract for service
Advance can be granted to employee
Constructive dismissal + remedies
D: Define agency
Ratification
Authority
Promoter
Memorandum & articles
E:Variation of class rights
Floating charge v fixed
F: Directors fiduciary duties
Secretary
Meeting & resolution
G: Liqudation - voluntary & compulsory
receivers vs managers
H: Concept of corporate governance
BOD responsibilities
MONEY LAUNDERING
INSIDER DEALING
Due to the fact that there's only 2 past year to rely on Pilot & Dec 07, harder to distinguish sun,star and Moon. as in more sun and stars...
About 3 out of 10 question from the pilot paper came out in Dec 07. not the entire question but the sub-topic that it touches. So, start bang highly on pilot and get a minimum of 30%. the others, on ur own.
however, the moon areas are Dec 07 questions:
1. Delegated legislation(adv + disadv) v Legislation
2. Lay off & redundancy
3. Characteristic of partnership
4. exempt private v non-exempt private & wholly subsidiary
5. offer vs itt & termination(revocation only) PILOT
6. Reduction of capital
7. Audit committee PILOT
8. Lifting veil of incorporation & fraudulent behaviour PILOT
9. Directors substantial property transaction S132E & over-aged director S129
10. a little on consideration & certainty of subject matter PILOT
All the best and have fun!! =P
Exclusion clauses : 'all tips above has no guarantee, it's only a focus and not to rely 100%.'
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