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Company Law - 1

Description: Company law - 1
Number of Questions: 15
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Tags: Company law - 1 Company Law
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An essential part of a contract is that

  1. there should be a vaild acceptance

  2. there should be a physical product to transact

  3. both parties should live in Sri Lanka

  4. the agreement entered should be certified by an attorney at law


Correct Option: A
Explanation:

In order to create a valid contract, there must be a 'lawful offer' by one party and 'lawful acceptance' of the same by the other party.

A contract is a

  1. legally binding agreement

  2. mutual understanding between two parties

  3. verbal understanding between any party

  4. written agreement between two or more parties


Correct Option: A
Explanation:

A contract is a legally enforceable promise or undertaking that something will or will not occur.

Which of the following statements is wrong as to the duties of a buyer?

  1. To accept the delivery of goods when the seller is willing to make the delivery as per the contract

  2. To pay the price in exchange for possession of the goods

  3. To apply for the delivery of goods

  4. To demand delivery of the goods at any time


Correct Option: D
Explanation:

To demand delivery of the goods at reasonable hours

The objects clause of the memorandum of association can be altered by a/an

  1. ordinary resolution

  2. special resolution

  3. special resolution and confirmation by the registrar of companies

  4. special resolution and confirmation by the company law board


Correct Option: D
Explanation:

The objects clause of the memorandum of association can be altered by a special resolution and confirmation by the company law board.

________ defines the scope of a company’s activities.

  1. Prospectus

  2. Statutory declaration

  3. Memorandum of Association

  4. Articles of Association


Correct Option: C
Explanation:

Memorandum of Association defines the scope of a company’s activities. The main purpose of the memorandum is to limit the scope of activities and powers of the company. Thus, any act outside the memorandum is ultra vires the company.

What is known as a charter of a company?

  1. Memorandum of Association

  2. Bye-laws

  3. Articles of Association

  4. Prospectus


Correct Option: A
Explanation:

Memorandum of Association is known as a charter of a company and is a very important document as it contains the basic conditions on which the company is incorporated.

_____________ contains a model form of Memorandum of Association of a company limited by shares.

  1. Table A

  2. Table B

  3. Table C

  4. Table D


Correct Option: B
Explanation:

Table B contains a model form of Memorandum of Association of a company limited by shares.

A contract for sale of goods includes

  1. sale and an agreement to sell

  2. sale only

  3. agreement to sell only

  4. sales, leases and hire purchases


Correct Option: A
Explanation:

A "contract of sale" includes both a sale where the seller transfers the ownership of the goods to the buyer and an agreement to sell where the ownership of goods is to be transferred at a future time or subject to some conditions to be fulfilled later on.

_________ companies must have their own articles.

  1. Government companies

  2. Unlimited companies

  3. Companies limited by shares

  4. Registered companies


Correct Option: B
Explanation:

Unlimited companies must have their own articles. The articles shall be signed by the subscribers of the memorandum and registered along with the memorandum.

The name of a company can be changed by

  1. an ordinary resolution

  2. a special resolution

  3. the approval of the union government

  4. a special resolution and with the approval of the central government


Correct Option: D
Explanation:

The name of a company can be changed by a special resolution and with the approval of the central government.

Which of the following companies must file a statement in lieu of prospectus?

  1. A private limited company

  2. A cooperative society

  3. A company that has issued a prospectus

  4. A public company that has not issued a prospectus


Correct Option: D
Explanation:

A public company that has not issued a prospectus must file a statement in lieu of prospectus.

Patent rights are given for

  1. authors of books

  2. trade marks

  3. company means

  4. inventions


Correct Option: D
Explanation:

Patent rights are given for inventions.

An important case as to legal entity of a company is

  1. Salomon Vs. Salomon Ltd.

  2. Balfour Vs. Balfour

  3. Merit Vs. Merit

  4. Hyde Vs. Wrench


Correct Option: A
Explanation:

Principle of separate legal entity in an incorporated company was established and confirmed under English law in 1895 by the House of Lords in Salomon Vs. Salomon and Co. Ltd. case.

As per the Intellectual Property Act, Number 52 of 2003, a trade mark means

  1. name used by a trader to identify goods and services marketed by him or her

  2. any visible sign serving to distinguish the goods of one enterprise from those of others

  3. a label or a symbol of mixture of any of those used by a marketer to inform the public about its brand name

  4. any mark that appears on the package where customers can identify the product


Correct Option: B
Explanation:

A trade mark is a recognisable sign, design or expression which distinguishes products or services of a particular trader from the similar products or services of other traders.

Which of the following are considered as no capacity to contract?

  1. Persons above 21 years of age

  2. Married women

  3. Persons of unsound mind

  4. Non-citizens of the country


Correct Option: C
Explanation:

Persons of unsound mind are not considered as capable to contract. This is an important factor because this may skew a person's ability to understand the scope of the contract.

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