更多“(b) A recruitment service offered to clients. (7 marks)”相关问题
  • 第1题:

    (b) Describe the advantages of external recruitment. (5 marks)


    正确答案:
    (b) External recruitment describes the situation where the organisation decides to fill a staff vacancy and recruit from outside the organisation.
    It may be essential if particular skills or expertise are not already available within the organisation and is necessary to restore depleted staffing levels or when for some reason the organisation urgently needs new employees. New staff members bring new ideas and novel approaches to the organisation and to the specific task, often providing experience and work methods from other employers.

  • 第2题:

    (c) Explain the benefits of performance-related pay in rewarding directors and critically evaluate the implications

    of the package offered to Choo Wang. (8 marks)


    正确答案:
    (c) Choo Wang’s remuneration package
    Benefits of PRP
    In general terms, performance-related pay serves to align directors’ and shareholders’ interests in that the performancerelated
    element can be made to reflect those things held to be important to shareholders (such as financial targets). This, in
    turn, serves to motivate directors, especially if they are directly responsible for a cost or revenue/profit budget or centre. The
    possibility of additional income serves to motivate directors towards higher performance and this, in turn, can assist in
    recruitment and retention. Finally, performance-related pay can increase the board’s control over strategic planning and
    implementation by aligning rewards against strategic objectives.
    Critical evaluation of Choo Wang’s package
    Choo Wang’s package appears to have a number of advantages and shortcomings. It was strategically correct to include some
    element of pay linked specifically to Southland success. This will increase Choo’s motivation to make it successful and indeed,
    he has said as much – he appears to be highly motivated and aware that additional income rests upon its success. Against
    these advantages, it appears that the performance-related component does not take account of, or discount in any way for,
    the risk of the Southland investment. The bonus does not become payable on a sliding scale but only on a single payout basis
    when the factory reaches an ‘ambitious’ level of output. Accordingly, Choo has more incentive to be accepting of risk with
    decisions on the Southland investment than risk averse. This may be what was planned, but such a bias should be pointed
    out. Clearly, the company should accept some risk but recklessness should be discouraged. In conclusion, Choo’s PRP
    package could have been better designed, especially if the Southland investment is seen as strategically risky.

  • 第3题:

    (b) Discuss FOUR factors that distinguish service from manufacturing organisations and explain how each of

    these factors relates to the services provided by the Dental Health Partnership. (5 marks)


    正确答案:
    (b) The major characteristics of services which distinguish services from manufacturing are as follows:
    – Intangibility.
    When a dentist provides a service to a client there are many intangible factors involved such as for example the
    appearance of the surgery, the personality of the dentist, the manner and efficiency of the dental assistant. The output
    of the service is ‘performance’ by the dentist as opposed to tangible goods.
    – Simultaneity.
    The service provided by the dentist to the patient is created by the dentist at the same time as the patient consumed it
    thus preventing any advance verification of quality.
    – Heterogeneity.
    Many service organisations face the problem of achieving consistency in the quality of its output. Whilst each of the
    dentists within the Dental Health Partnership will have similar professional qualifications there will be differences in the
    manner they provide services to clients.
    – Perishability.
    Many services are perishable. The services of a dentist are purchased only for the duration of an appointment.

  • 第4题:

    (ii) the factors that should be considered in the design of a reward scheme for BGL; (7 marks)


    正确答案:
    (ii) The factors that should be considered in the design of a reward scheme for BGL.
    – Whether performance targets should be set with regard to results or effort. It is more difficult to set targets for
    administrative and support staff since in many instances the results of their efforts are not easily quantifiable. For
    example, sales administrators will improve levels of customer satisfaction but quantifying this is extremely difficult.
    – Whether rewards should be monetary or non-monetary. Money means different things to different people. In many
    instances people will prefer increased job security which results from improved organisational performance and
    adopt a longer term-perspective. Thus the attractiveness of employee share option schemes will appeal to such
    individuals. Well designed schemes will correlate the prosperity of the organisation with that of the individuals it
    employs.
    – Whether the reward promise should be implicit or explicit. Explicit reward promises are easy to understand but in
    many respects management will have their hands tied. Implicit reward promises such as the ‘promise’ of promotion
    for good performance is also problematic since not all organisations are large enough to offer a structured career
    progression. Thus in situations where not everyone can be promoted there needs to be a range of alternative reward
    systems in place to acknowledge good performance and encourage commitment from the workforce.
    – The size and time span of the reward. This can be difficult to determine especially in businesses such as BGL
    which are subject to seasonal variations. i.e. summerhouses will invariably be purchased prior to the summer
    season! Hence activity levels may vary and there remains the potential problem of assessing performance when
    an organisation operates with surplus capacity.
    – Whether the reward should be individual or group based. This is potentially problematic for BGL since the assembly
    operatives comprise some individuals who are responsible for their own output and others who work in groups.
    Similarly with regard to the sales force then the setting of individual performance targets is problematic since sales
    territories will vary in terms of geographical spread and customer concentration.
    – Whether the reward scheme should involve equity participation? Such schemes invariably appeal to directors and
    senior managers but should arguably be open to all individuals if ‘perceptions of inequity’ are to be avoided.
    – Tax considerations need to be taken into account when designing a reward scheme.

  • 第5题:

    (d) The managing partner of HLP stated at a recent partners’ meeting that ‘every advisor should aim to ensure that

    95% of all hours he/she works are billed to clients. This will ensure that we remain both profitable and

    competitive’.

    Required:

    Discuss the statement of the managing partner, drawing attention to any concerns that you may have

    regarding the statement. (6 marks)


    正确答案:

  • 第6题:

    (iii) assesses TSC in terms of financial performance, competitiveness, service quality, resource utilisation,

    flexibility and innovation and discusses the interrelationships between these terms, incorporating

    examples from within TSC; and (10 marks)


    正确答案:
    (iii) The terms listed may be seen as representative of the dimensions of performance. The dimensions may be analysed into
    results and determinants.
    The results may be measured by focusing on financial performance and competitiveness. Financial performance may
    be measured in terms of revenue and profit as shown in the data in the appendix of the question in respect of TSC. The
    points system in part (a) of the answer shows which depots have achieved or exceeded the target set. In addition,
    liquidity is another aspect of the measurement of financial performance. The points total in part (a) showed that
    Leonardotown and Michaelangelotown depots appear to have the best current record in aspects of credit control.
    15
    Competitiveness may be measured in terms of sales growth but also in terms of market share, number of new
    customers, etc. In the TSC statistics available in (a) we only have data for the current quarter. This shows that three of
    the four depots listed have achieved increased revenue compared to target.
    The determinants are the factors which may be seen to contribute to the achievement of the results. Quality, resource
    utilisation, flexibility and innovation are cited by Fitzgerald and Moon as examples of factors that should contribute to
    the achievement of the results in terms of financial performance and competitiveness. In TSC a main quality issue
    appears to be customer care and service delivery. The statistics in the points table in part (a) of the answer show that
    the Raphaeltown depot appears to have a major problem in this area. It has only achieved one point out of the six
    available in this particular segment of the statistics.
    Resource utilisation for TSC may be measured by the level of effective use of drivers and vehicles. To some extent, this
    is highlighted by the statistics relating to customer care and service delivery. For example, late collection of consignments
    from customers may be caused by a shortage of vehicles and/or drivers. Such shortages could be due to staff turnover,
    sickness, etc or problems with vehicle maintenance.
    Flexibility may be an issue. There may, for example, be a problem with vehicle availability. Possibly an increased focus
    on sources for short-term sub-contracting of vehicles/collections/deliveries might help overcome delay problems.
    The ‘target v actual points system’ may be seen as an example of innovation by the company. This gives a detailed set
    of measures that should provide an incentive for improvement at all depots. The points system may illustrate the extent
    of achievement/non-achievement of company strategies for success. For example TSC may have a customer care
    commitment policy which identifies factors that should be achieved on a continuing basis. For example, timely collection
    of consignments, misdirected consignments re-delivered at no extra charge, prompt responses to customer claims and
    compensation for customers.

  • 第7题:

    (b) Calculate the taxable benefit in 2005/06 if Jan were to use the accommodation offered by his employer. You

    may assume that the rules for calculating benefits are the same as in 2004/05. (3 marks)


    正确答案:
    (b) Benefit – accommodation
    If Jan accepts the offer, he will occupy the building for a period of eight months in the tax year 2005/06 (from 6 August 2005
    – 5 April 2006). The benefit will last for six months.
    The taxable benefit is the higher of:
    (i) The rent borne by the company                                                      = 600 x 6 = 3,600
    (ii) The annual (rateable) value                                                            = 6,000 x 6/12 = 3,000
    i.e. £3,600.
    In addition, as the property costs in excess of £75,000, an additional benefit arises. The excess is subject to the official rate
    of interest, and is calculated as follows:
    (155,000 – 75,000) x 5% = 4,000 x 6/12                                         = 2,000
    Total taxable benefit is £3,600 + £2,000 = £5,600.
    Tutorial note: strictly speaking the additional charge does not apply if the expensive property is rented rather than owned –
    therefore the above answer, whilst the most commonly given is not technically correct. One mark was awarded if the
    additional benefit calculation was performed as shown above and an alternative one mark was awarded if the additional
    benefit was not calculated for the correct technical reason.

  • 第8题:

    (c) Assess how the fundamental ethical principles of IFAC’s Code of Ethics for Professional Accountants should

    be applied to the provision of a forensic investigation service. (6 marks)


    正确答案:
    (c) Application of ethical principles to a fraud investigation
    IFAC’s Code of Ethics for Professional Accountants applies to all ACCA members involved in professional assignments,
    including forensic investigations. There are specific considerations in the application of each of the principles in providing
    such a service.
    Integrity
    The forensic investigator is likely to deal frequently with individuals who lack integrity, are dishonest, and attempt to conceal
    the true facts from the investigator. It is imperative that the investigator recognises this, and acts with impeccable integrity
    throughout the whole investigation.
    Objectivity
    As in an audit engagement, the investigator’s objectivity must be beyond question. The report that is the outcome of the
    forensic investigation must be perceived as independent, as it forms part of the legal evidence presented at court. The
    investigator must adhere to the concept that the overriding objective of court proceedings is to deal with cases fairly and justly.
    Any real or perceived threats to objectivity could undermine the credibility of the evidence provided by the investigator.
    This issue poses a particular problem where an audit client requests its auditors to conduct a forensic investigation. In this
    situation, the audit firm would be exposed to threats to objectivity in terms of advocacy, management involvement and selfreview.
    The advocacy threat arises because the audit firm may feel pressured into promoting the interests and point of view
    of their client, which would breach the overriding issue of objectivity in court proceedings. Secondly, the investigators could
    be perceived to be involved in management decisions regarding the implications of the fraud, especially where the investigator
    acts as an expert witness. It is however the self-review threat that would be the most significant threat to objectivity. The selfreview
    threat arises because the investigation is likely to involve the estimation of an amount (i.e. the loss), which could be
    material to the financial statements.
    For the reasons outlined above, The Code states that the firm should evaluate threats and put appropriate safeguards in place,
    and if safeguards cannot reduce the threats to an acceptable level, then the firm cannot provide both the audit service and
    the forensic investigation.
    Professional competence and due care
    Forensic investigations will involve very specialist skills, which accountants are unlikely to possess without extensive training.
    Such skills would include:
    – Detailed knowledge of the relevant legal framework surrounding fraud,
    – An understanding of how to gather specialist evidence,
    – Skills in the safe custody of evidence, including maintaining a clear ‘chain’ of evidence, and
    – Strong personal skills in, for example, interview techniques, presentation of material at court, and tactful dealing with
    difficult and stressful situations.
    It is therefore essential that forensic work is only ever undertaken by highly skilled individuals, under the direction and
    supervision of an experienced fraud investigator. Any doubt over the competence of the investigation team could severely
    undermine the credibility of the evidence presented at court.
    Confidentiality
    Normally accountants should not disclose information without the explicit consent of their client. However, during legal
    proceedings arising from a fraud investigation, the court will require the investigator to reveal information discovered during
    the investigation. There is an overriding requirement for the investigator to disclose all of the information deemed necessary
    by the court.
    Outside of the court, the investigator must ensure faultless confidentiality, especially because much of the information they
    have access to will be highly sensitive.
    Professional behaviour
    Fraud investigations can become a matter of public interest, and much media attention is often focused on the work of the
    forensic investigator. A highly professional attitude must be displayed at all times, in order to avoid damage to the reputation
    of the firm, and of the profession. Any lapse in professional behaviour could also undermine the integrity of the forensic
    evidence, and of the credibility of the investigator, especially when acting in the capacity of expert witness.
    During legal proceedings, the forensic investigator may be involved in discussions with both sides in the court case, and here
    it is essential that a courteous and considerate attitude is presented to all parties.

  • 第9题:

    Trademarks, proprietary service marks and regulations need _____ carefully.

    A to be observed ;

    B be observed ;

    C being observed


    参考答案:A

  • 第10题:

    ():a cloud service,allied to the set of business terms under which the cloud service is offered.

    A.Cloud service

    B.Cloud service product

    C.Product catalogue

    D.Service catalogue


    正确答案:B

  • 第11题:

    You are designing a Windows Azure application that will generate events for multiple clients. Client web services might be behind NAT gateways.  You need to recommend an approach that will allow you to broadcast the events to clients.  What should you recommend?()

    • A、 Use ADO.NET Data Services and provide a shared key to clients.
    • B、 Use Windows Azure Queues and provide a shared key to clients.
    • C、 Use Windows Azure Table storage and providea shared key to clients.
    • D、 Use the Windows Azure AppFabric Service Bus and provide a shared secret to clients.

    正确答案:D

  • 第12题:

    单选题
    Why did Bezaq’s international branch lose 40% of its market share?
    A

    Because the rates it offered were not competitive enough.

    B

    Because customers were dissatisfied with its past service.

    C

    Because the service offered by its competitors was far better.

    D

    Because it no longer received any support from the government.


    正确答案: D
    解析:
    推论题。文章说以色列服务水平提高是公司间的竞争引起的,而百扎克公司虽已提供了竞争费,但仍失去了40%的市场,其原因是第二段第四句“people wanted revenge for all the years of bad service”,故B为答案。

  • 第13题:

    (c) Briefly describe five factors to be taken into account when deciding whether to use recruitment consultants.(5 marks)


    正确答案:
    (c) An organisation considering the use of external recruitment consultants would make its decision upon the availability, level and appropriateness of expertise available within the host organisation and its likely effectiveness, together with the cost of using consultants set against the cost of using the organisation’s own staff. The organisation should consider the level of expertise required of potential employees and therefore the appropriate knowledge required of the consultants and the need for impartiality or security which may be of particular importance for some organisations. In addition, the views of internal staff as to the likely effect of using outside consultants must be considered, as is the effect the use of consultants might have on the need to develop expertise within the organisation.

  • 第14题:

    Required:

    (iii) A firm of consultants has offered to undertake a study on behalf of Envico Ltd which will provide perfect

    information regarding seminar attendance during the forthcoming year.

    Advise the management of Envico Ltd with regard to the maximum amount that they should pay to

    consultants for perfect information regarding seminar attendance and comment briefly on the use of

    perfect information in such decisions. (5 marks)


    正确答案:
    (iii) If attendance = 100 then management would opt for room size A which would produce a contribution of £832,000 x
    0·2 = £166,400.
    If attendance = 200 then management would opt for room size B which would produce a contribution of £2,163,200
    x 0·5 = £1,081,600.
    If attendance = 400 then management would opt for room size D which would produce a contribution of £6,656,000
    x 0·3 = £1,996,800.
    Therefore the expected value of perfect information would be the sum of the expected values of the three possible
    outcomes which amounts to £3,244,800. Thus, if the information is correct then management should be willing to pay
    up to £3,244,800 – £1,497,600 = £1,747,200 for the information. In practice, it is unlikely that perfect information
    is obtainable. The management of Envico Ltd are really buying an information system that will provide them with a signal
    which may prove to be correct or incorrect! For example, the consultants may predict that demand will be for 300
    seminar places, however there still remains the fact that there is a likelihood of actual demand being for either 100,
    200 or 400 seminar places. One should be mindful that imperfect information which may be, say only 75% reliable,
    might still be worth obtaining. Other than when the value of imperfect and perfect information are equal to zero, the
    value of perfect information will always be greater than the value of imperfect information.

  • 第15题:

    (c) Excluding the number of complaints by patients, identify and briefly explain THREE quantitative

    non-financial performance measures that could be used to assess the ‘quality of service’ provided by the

    Dental Health Partnership. (3 marks)


    正确答案:
    (c) In order to assess the quality of patient care provided by the Dental Health Partnership the following performance measures
    might be used:
    – The percentage of ‘on time’ treatment of those patients who arrived prior to their appointment time would provide an
    indication regarding the effectiveness of the scheduling of appointments by the Dental Health Partnership.
    – the percentage of patient appointments which were re-arranged at the request of the Dental Health Partnership.
    Rearranged appointments represent the provision of a lower level of service provision to clients who may, as a result,
    switch to an alternative dental practice.
    – the percentage of patients who return for treatment after their first appointment would provide an indication that they
    were satisfied with the service they received.
    – the percentage of patients who were able to gain an appointment at their preferred date and time is an indication of the
    availability of the service to clients.
    Note: Candidates were only required to discuss three measures.

  • 第16题:

    (ii) Service quality; and (7 marks)


    正确答案:
    (ii) Quality of service is the totality of features and characteristics of the service package that bear upon its ability to satisfy
    client needs. To some extent the number of complaints and the need to provide non-chargeable consultations associated
    with the remedying of those complaints is indicative of a service quality problem that must be addressed. Hence this
    problem needs to be investigated at the earliest opportunity. Assuming consultants could have otherwise undertaken
    chargeable work, the revenue foregone as a consequence of the remedial consultations relating to commercial work
    amounted to (180 x £1500) = £27,000. Client complaints received by HLP during the year amounted to 1·24% of
    consultations undertaken by commercial advisors whereas none were budgeted. In contrast, competitor MAS received
    135 complaints which coincided with the number of non-chargeable consultations undertaken by them. This may
    indicate that MAS operate a policy of a remedial consultation in respect of all complaints received from clients.
    With regard to the number of on-time consultations, HLP only achieved an on-time consultation percentage of 94·4%
    which is far inferior to that of 99% achieved by competitor MAS. Also, HLP re-scheduled the appointment times of
    1,620 (3%) of its total consultations whereas competitor MAS only re-scheduled 0·5% of its consultation times. The
    percentage number of successful consultations provided by HLP and MAS was 85% and 95% respectively which
    indicates that competitor MAS possesses a superior skills-base to that of HLP.
    The most alarming statistic lies in the fact that HLP was subject to three successful legal actions for negligence. This
    may not only account for the 150% increase in the cost of professional indemnity insurance premiums but may also
    result in a loss of client confidence and precipitate a considerable fall in future levels of business should the claims
    become much publicised.

  • 第17题:

    (c) Critically discuss the statement (in note 12) of the managing director of GBC and suggest how the company

    could calculate the value of the service provision to the population of the Western region. (6 marks)


    正确答案:
    (c) It would appear that in operating a bus service to the Western region of Geeland that GBC is fulfilling a social objective since
    a contribution loss amounting to $38,400 ($230,400 – $268,800) was made as a consequence of operating the route to
    the Western region during 2007. As an organisation which is partially funded by the government it is highly probable that
    GBC has objectives which differ from those of TTC which is a profit-seeking organisation.
    The value of a social service such as the provision of public transport can be quantified, albeit, in non-financial times. It is
    possible to apply quantitative measures to the bus service itself, the most obvious ones being the number of passengers
    carried and the number of passenger miles travelled.
    The cost of the provision of alternative transport to the Western region might also enable a value to be placed on the current
    service by GBC.
    It might be possible to estimate quantitatively some of the social benefits resulting from the provision of the transport facility
    to and from the Western region. For example, GBC could undertake a survey of the population of the Western region in order
    to help estimate the extent to which rural depopulation would otherwise have occurred had the transport facility not been
    made.
    The application of the technique of cost-benefit analysis makes it possible to estimate money values for non-monetary
    benefits. Social benefits can therefore be expressed in financial terms. It is highly probable that the fact that the Western region
    is served by GBC will increase the attractiveness of living in a rural area, which may in turn precipitate an increase in property
    values in the Western region and the financial benefit could be expressed in terms of the aggregate increase in property values
    in the region as a whole.

  • 第18题:

    (d) Suggest a set of SIX performance measures which the directors of SSH could use in order to assess the

    quality of service provided to its clients. (3 marks)


    正确答案:
    (d) The following performance measures which could be used to assess the quality of service provided to its clients:
    – The reliability of staff in keeping to scheduled appointment times with clients
    – The responsiveness of staff to client enquiries or requests for assistance
    – The quality of communications between SSH and its clients
    – The competence of its staff in providing training to its clients
    – The access times to staff upon the request of clients
    – The availability of staff to meet emergency needs of clients
    – The security of the data of its client base.
    Notes: (i) Only six performance measures were required
    (ii) Other relevant performance measures would be acceptable.

  • 第19题:

    In relation to the law of contract, distinguish between and explain the effect of:

    (a) a term and a mere representation; (3 marks)

    (b) express and implied terms, paying particular regard to the circumstances under which terms may be implied in contracts. (7 marks)


    正确答案:

    This question requires candidates to consider the law relating to terms in contracts. It specifically requires the candidates to distinguish between terms and mere representations and then to establish the difference between express and implied terms in contracts.
    (a) As the parties to a contract will be bound to perform. any promise they have contracted to undertake, it is important to distinguish between such statements that will be considered part of the contract, i.e. terms, and those other pre-contractual statements which are not considered to be part of the contract, i.e. mere representations. The reason for distinguishing between them is that there are different legal remedies available if either statement turns out to be incorrect.
    A representation is a statement that induces a contract but does not become a term of the contract. In practice it is sometimes difficult to distinguish between the two, but in attempting to do so the courts will focus on when the statement was made in relation to the eventual contract, the importance of the statement in relation to the contract and whether or not the party making the statement had specialist knowledge on which the other party relied (Oscar Chess v Williams (1957) and Dick
    Bentley v Arnold Smith Motors (1965)).
    (b) Express terms are statements actually made by one of the parties with the intention that they become part of the contract and
    thus binding and enforceable through court action if necessary. It is this intention that distinguishes the contractual term from
    the mere representation, which, although it may induce the contractual agreement, does not become a term of the contract.
    Failure to comply with the former gives rise to an action for breach of contract, whilst failure to comply with the latter only gives rise to an action for misrepresentation.

    Such express statements may be made by word of mouth or in writing as long as they are sufficiently clear for them to be enforceable. Thus in Scammel v Ouston (1941) Ouston had ordered a van from the claimant on the understanding that the balance of the purchase price was to be paid ‘on hire purchase terms over two years’. When Scammel failed to deliver the van Ouston sued for breach of contract without success, the court holding that the supposed terms of the contract were too
    uncertain to be enforceable. There was no doubt that Ouston wanted the van on hire purchase but his difficulty was that
    Scammel operated a range of hire purchase terms and the precise conditions of his proposed hire purchase agreement were
    never sufficiently determined.
    Implied terms, however, are not actually stated or expressly included in the contract, but are introduced into the contract by implication. In other words the exact meaning and thus the terms of the contract are inferred from its context. Implied terms can be divided into three types.
    Terms implied by statute
    In this instance a particular piece of legislation states that certain terms have to be taken as constituting part of an agreement, even where the contractual agreement between the parties is itself silent as to that particular provision. For example, under s.5 of the Partnership Act 1890, every member of an ordinary partnership has the implied power to bind the partnership in a contract within its usual sphere of business. That particular implied power can be removed or reduced by the partnership agreement and any such removal or reduction of authority would be effective as long as the other party was aware of it. Some implied terms, however, are completely prescriptive and cannot be removed.
    Terms implied by custom or usage
    An agreement may be subject to terms that are customarily found in such contracts within a particular market, trade or locality. Once again this is the case even where it is not actually specified by the parties. For example, in Hutton v Warren (1836), it was held that customary usage permitted a farm tenant to claim an allowance for seed and labour on quitting his tenancy. It should be noted, however, that custom cannot override the express terms of an agreement (Les Affreteurs Reunnis SA v Walford (1919)).
    Terms implied by the courts Generally, it is a matter for the parties concerned to decide the terms of a contract, but on occasion the court will presume that the parties intended to include a term which is not expressly stated. They will do so where it is necessary to give business efficacy to the contract.

    Whether a term may be implied can be decided on the basis of the officious bystander test. Imagine two parties, A and B, negotiating a contract, when a third party, C, interrupts to suggest a particular provision. A and B reply that that particular term is understood. In just such a way, the court will decide that a term should be implied into a contract.
    In The Moorcock (1889), the appellants, owners of a wharf, contracted with the respondents to permit them to discharge their ship at the wharf. It was apparent to both parties that when the tide was out the ship would rest on the riverbed. When the tide was out, the ship sustained damage by settling on a ridge. It was held that there was an implied warranty in the contract that the place of anchorage should be safe for the ship. As a consequence, the ship owner was entitled to damages for breach of that term.
    Alternatively the courts will imply certain terms into unspecific contracts where the parties have not reduced the general agreement into specific details. Thus in contracts of employment the courts have asserted the existence of implied terms to impose duties on both employers and employees, although such implied terms can be overridden by express contractual provision to the contrary.

  • 第20题:

    4 You are a senior manager in Becker & Co, a firm of Chartered Certified Accountants offering audit and assurance

    services mainly to large, privately owned companies. The firm has suffered from increased competition, due to two

    new firms of accountants setting up in the same town. Several audit clients have moved to the new firms, leading to

    loss of revenue, and an over staffed audit department. Bob McEnroe, one of the partners of Becker & Co, has asked

    you to consider how the firm could react to this situation. Several possibilities have been raised for your consideration:

    1. Murray Co, a manufacturer of electronic equipment, is one of Becker & Co’s audit clients. You are aware that the

    company has recently designed a new product, which market research indicates is likely to be very successful.

    The development of the product has been a huge drain on cash resources. The managing director of Murray Co

    has written to the audit engagement partner to see if Becker & Co would be interested in making an investment

    in the new product. It has been suggested that Becker & Co could provide finance for the completion of the

    development and the marketing of the product. The finance would be in the form. of convertible debentures.

    Alternatively, a joint venture company in which control is shared between Murray Co and Becker & Co could be

    established to manufacture, market and distribute the new product.

    2. Becker & Co is considering expanding the provision of non-audit services. Ingrid Sharapova, a senior manager in

    Becker & Co, has suggested that the firm could offer a recruitment advisory service to clients, specialising in the

    recruitment of finance professionals. Becker & Co would charge a fee for this service based on the salary of the

    employee recruited. Ingrid Sharapova worked as a recruitment consultant for a year before deciding to train as

    an accountant.

    3. Several audit clients are experiencing staff shortages, and it has been suggested that temporary staff assignments

    could be offered. It is envisaged that a number of audit managers or seniors could be seconded to clients for

    periods not exceeding six months, after which time they would return to Becker & Co.

    Required:

    Identify and explain the ethical and practice management implications in respect of:

    (a) A business arrangement with Murray Co. (7 marks)


    正确答案:
    4 Becker & Co
    (a) Joint business arrangement
    The business opportunity in respect of Murray Co could be lucrative if the market research is to be believed.
    However, IFAC’s Code of Ethics for Professional Accountants states that a mutual business arrangement is likely to give rise
    to self-interest and intimidation threats to independence and objectivity. The audit firm must be and be seen to be independent
    of the audit client, which clearly cannot be the case if the audit firm and the client are seen to be working together for a
    mutual financial gain.
    In the scenario, two options are available. Firstly, Becker & Co could provide the audit client with finance to complete the
    development and take the product to market. There is a general prohibition on audit firms providing finance to their audit
    clients. This would create a clear financial self-interest threat as the audit firm would be receiving a return on investment from
    their client. The Code states that if a firm makes a loan (or guarantees a loan) to a client, the self-interest threat created would
    be so significant that no safeguard could reduce the threat to an acceptable level.
    The provision of finance using convertible debentures raises a further ethical problem, because if the debentures are ultimately
    converted to equity, the audit firm would then hold equity shares in their audit client. This is a severe financial self-interest,
    which safeguards are unlikely to be able to reduce to an acceptable level.
    The finance should not be advanced to Murray Co while the company remains an audit client of Becker & Co.
    The second option is for a joint venture company to be established. This would be perceived as a significant mutual business
    interest as Becker & Co and Murray Co would be investing together, sharing control and sharing a return on investment in
    the form. of dividends. IFAC’s Code of Ethics states that unless the relationship between the two parties is clearly insignificant,
    the financial interest is immaterial, and the audit firm is unable to exercise significant influence, then no safeguards could
    reduce the threat to an acceptable level. In this case Becker & Co may not enter into the joint venture arrangement while
    Murray Co is still an audit client.
    The audit practice may consider that investing in the new electronic product is a commercial strategy that it wishes to pursue,
    either through loan finance or using a joint venture arrangement. In this case the firm should resign as auditor with immediate
    effect in order to eliminate any ethical problem with the business arrangement. The partners should carefully consider if the
    potential return on investment will more than compensate for the lost audit fee from Murray Co.
    The partners should also reflect on whether they want to diversify to such an extent – this investment is unlikely to be in an
    area where any of the audit partners have much knowledge or expertise. A thorough commercial evaluation and business risk
    analysis must be performed on the new product to ensure that it is a sound business decision for the firm to invest.
    The audit partners should also consider how much time they would need to spend on this business development, if they
    decided to resign as auditors and to go ahead with the investment. Such a new and important project could mean that they
    take their focus off the key business i.e. the audit practice. They should consider if it would be better to spend their time trying
    to compete effectively with the two new firms of accountants, trying to retain key clients, and to attract new accounting and
    audit clients rather than diversify into something completely different.

  • 第21题:

    An ASP.NET application hosts a RESTful Windows Communication Foundation (WCF) service at /Services/Contoso.svc.The service provides a JavaScript resource to clients. You have an explicit reference to the JavaScript in your page markup as follows.You need to retrieve the debug version of the service JavaScript. What should you do?()

    A. In the <%@ ServiceHost %> header for /Services/Contoso.svc, set the Debug attribute to true.

    B. In the <%@ Page %> header, set the Debug attribute to true.

    C. In the script tag, add a debug attribute and set its value to true.

    D. In the script tag, append debug to the src attribute.


    参考答案:D

  • 第22题:

    What is the SMB Partner Practice Builder?()  

    • A、 technical support that requires an annual subscription
    • B、 management consultancy service offered to develop partner business process
    • C、 support for partners building a new business
    • D、 program to develop Unified Communications practice

    正确答案:C

  • 第23题:

    单选题
    What is the SMB Partner Practice Builder?()
    A

     technical support that requires an annual subscription

    B

     management consultancy service offered to develop partner business process

    C

     support for partners building a new business

    D

     program to develop Unified Communications practice


    正确答案: C
    解析: 暂无解析