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?Clare, Dan and Eve formed a partnership 10 years ago, although Clare was a sleeping partner and never had?anything to do with running the business. Last year Dan retired from the partnership. Eve has subsequently?entered into two large contracts. The first one was with a longstanding customer, Greg, who had dealt with?the partnership for some five years. The second contract was with a new customer, Hugh. Both believed that?Dan was still a partner in the business. Both contracts have gone badly wrong, leaving the partnership owing?￡50,000 to both Greg and Hugh. Unfortunately the business assets will only cover the first ￡50,000 of the?debt.?

32

【論述題】

?State the liability of Clare as a sleeping partner?

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考點(diǎn)：Chapter11Partnerships

?Her status as a sleeping partner gives Clare no additional protection from the unlimited liability which applies?to all ordinary partners in an ordinary partnership. It simply means she has left her personal wealth open to?clams over which she has no practical control through her own inaction.?

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Vlad generates a substantial income from illegal tax evasion and sought advice from Gloria (his personal accountant) on how to dispose of his illegal earnings. Gloria suggested that to disguise the source of the funds, Vlad should purchase a chain of restaurants and pass his gains from the illegal operation through the restaurants' accounts. Vlad agreed with Gloria’s proposal and appointed her as the restaurant chain’s finance director and together they passed the illegal money through the operation.

25

【論述題】

State the offence of money laundering.

State whether Gloria has any liability for money laundering.

State whether Vlad has any liability for money laundering.

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In January the board of directors of Huge plc decided to make a takeover bid for Large plc. After the decision?was taken, but before it is announced, the following chain of events occurs:?

(1) Slye, a director of Huge plc, buys shares in Large plc?

(2) Slye tells his friend Mate about the likelihood of the takeover and Mate buys shares in Large plc?

(3) At a dinner party Slye, without actually telling him about the takeover proposal, advises his brother?Tim to buy shares in Large plc and Tim does so?

28

【論述題】

?State whether Slye committed insider dealing when he bought shares in Large plc?

?State whether Mate has any liability for insider dealing?

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