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Question: (Case Study involving consideration of sale of shares, the elements of a valid contract, agreement and the Companies Act 1985 and The Minors’ Contracts Act 1987) - Becks has lived with his girlfriend, Posh, for three years. They each contribute 50% of the council tax and house rates and have shared the other household expenses equally. Becks offered to buy for ₤10,000 Posh’s share in Big Bank plc (Full case study text within download)- Advise posh as to her legal position.

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Question: “The UK case law has failed to provide coherent guidance for dealing with tax avoidance. The House of Lords has admitted that all attempts at clarification have only raised fresh doubts and further appeals…Under the guise of purposive statutory interpretation the courts are making distinctions based not on the wording of the statute in context, but on external, policy considerations. The judicial approach requires a proper framework, which could be provided by layered legislation, including a principle-based GAAR.”

[Judith Freedman, ‘Interpreting Tax Statutes: Tax Avoidance and the Intention of Parliament’ (2007) LQR 53, 90]

Discuss.

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Question: “…The courts can and often do, draw aside the veil. They can, and often do, pull off the mask. They look to see what really lies behind. The legislature has shown the way… the courts should follow suit”. Assess the accuracy of this claim. 71%

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Question: CONSUMER LAW
ASSIGNMENT 2
TASK 1
Krafty Kitchens Ltd have a showroom in the centre of Barrogate. Its front window is
emblazoned with a notice stating " We sell the cheapest kitchens in Barrogate"
Memoona visits the showroom and sees a kitchen that she likes but she is concerned as
to whether it is made of mahogany since she knows that this is in fashion at the
moment. She is shown round by Alison who assures her that the kitchen units are
made out of mahogany. On the wall of the showroom there is a notice stating "Krafty
Kitchens Ltd cannot guarantee the accuracy of statements about the composition of
kitchen units"
Memoona buys the units and when she discovers that they are not in fact made of
mahogany and that there is another kitchen showroom selling units for a lower price
she reports Krafty Kitchens Ltd to Barrogate Trading Standards. She is also aggrieved
because she has been sent a bill for delivery of the kitchen units to her house and she
thought that this was included in the price of the units.
Write a memo to your head of department,Frank Conway, advising him as to any
liability that Krafty Kitchens Ltd may have under the Trade Descriptions Act 1968
and Part III Consumer Protection Act 1987.

TASK 2
Anita, Ben and Carol book a skiing trip to Switzerland with Bon Voyage Holidays. They
book a chalet, which is advertised in the brochure as having three bedrooms, central
heating and in convenient reach of ski equipment hiring facilities. They also book a flight
with Easyfly but upon checking in at the airport they find that only 2 seats are available on this particular flight and therefore one of their number has to take a later flight. Upon their arrival they discover that the ski hire facility is 30 miles away. To make matters worse the chalet only has two bedrooms and the central heating has broken down. When they complain to Bon Voyage Holidays they are told that all branches had been informed to notify customers of the fact that there had been an error in the brochure and that this grade of chalet slept two rather than three people.
Write a memo to Frank Conway advising him of any liability that Bon Voyage
Holidays and Easyfly may have under the Trades Descriptions Act 1968.

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Question: In what circumstances is the judiciary prepared to relax the doctrine of the separate legal personality of a company? Is the current legal situation satisfactory from a policy point of view, particularly in the light of the group structure of many modern businesses?

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Question: Company Law - Question One 68% ‘Since the Salomon decision, the courts have been called upon to apply the principles of separate legal personality in what might be called difficult situations. In some cases, they have upheld the principle and in others, they did not.’ Critically discuss the above statement with particular reference to developments since 1966.

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Question: CASE STUDY: Khans Ltd. has ten shareholders, all of whom has an equal shareholding. Two shareholders. A Ian and Tariq are the directors of the company.
(1) What is the legal position if the directors enter into a contract for the purchase of a farm. The company's objects cover manufacturing sportswear.
(2) Whether the company's Articles of Associations are legally binding on the company. The Articles state that James Smith will be a director of the company for life. He also had a separate contract as managing director. Last month the members voted to include an Article that said that directors appointed for life could be removed by ordinary resolution. The company then told him that he could no longer be managing director. Advise the directors on the legal position regarding an application to court by Mr. Smith.
(3) The company is considering raising more capital. Advise the directors on the respective advantages and disadvantages of ordinary shares, preference shares, redeemable shares and debentures.
(4) The directors have asked for your advice on the legal position of personal representative on the death of a shareholder. Also, does the company have to put them on the register of shareholders?

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Question: The issue of whether “shareholder value” or “the stakeholder perspective” should shape UK company law for the 21st century has now been successfully resolved”. Discuss with reference to the provisions of the Companies Act 2006.

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Question: “Whenever the European Community agrees a new consumer Directive the government generally implements it in the form of Regulations, which then have to lie uncomfortably alongside pre-existing domestic legislation. The government is, by so doing, taking a short-sighted approach to a long-term problem. The government’s approach leads to complexity and inconsistency and those areas of law affected are in need of a complete overhaul”.

Critically analyse this statement with reference to: Unfair terms.

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Question: Do companies have complete freedom to act? Analyse the doctrine of ultra vires and the proposed reforms in the Companies Bill designed to grant companies full capacity.

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