題目

State the duty to mitigate losses

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考點：Chapter5Contentofcontracts

?The duty to mitigate losses ensures that the injured party is under a duty to take all reasonable steps?to minimise their loss. As a result, the seller of goods, which are not accepted, has not only to try to?sell the goods to someone else but is also required to get as good a price as they can when they sell?them. If goods are not delivered under a contract, the buyer is entitled to go into the market and buy?similar goods, paying the market price prevailing at the time. They can then claim the difference in?price between what they paid and the original contract price as damages.?

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材料全屏

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.

材料全屏

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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