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材料全屏
24

【论述题】

State the nature of a 'passing-off' action.

State what Lancashire Hair Brushes would need to prove in order to establish that it is a victim of 'passing-off'.

State an alternative course of action that Lancashire Hair Brushes could take to force National Hair Brushes to change its name.

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27

【论述题】

State which parties are bound by a company's articles of association

 Explain the procedure that the members of Glad Ltd must follow in order to amend the company's  articles

Explain whether the other members of Glad Ltd will be successful in their attempt to change the and require Fred to transfer his shares to them

 Percy Limited has recently formed a contract with a third party which is restricted by the objects in the company's constitution.  

Which of the following statements is/are correct? 

A

 The validity of the act cannot be questioned on the grounds of lack of capacity by reason of anything in the company's constitution. 

B

 The act may be restrained by the members of Percy Ltd. 

C

 The act may be enforced by the third party. 

D

The directors have a duty to observe any limitation on their powers flowing from the company's constitution.  

 Which of the following persons are not bound to one another by the constitution? 

A

 Members to company 

B

 Company to members 

C

 Members to members 

D

 Company to third parties 

Under the Companies Act 2006, which of the following parties is contractually bound by a company's constitution?

A

Members in a capacity other than as a member

B

The company

C

Third parties with a business relationship with the company

D

Company directors

Which of the following parties signs a company's memorandum of association? 

A

 The promoter 

B

 The directors 

C

 The subscribers