題目

?State whether the 'techies' are employees or independent contractors?

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考點(diǎn)：Chapter8Contractofemployment

?The issue regarding the 'techies' is the degree of control the company has over them. Using the control test,?a court will consider whether the employer has control over the way in which the employee performs their?duties. Where it appears that the 'employer' may control how the 'employee's' duties are performed, then?they will be treated as an employee; Mersey Docks & Harbour Board v Coggins & Griffiths (Liverpool) 1947.?Gem Ltd has very little control over how the 'techies' do their work and therefore they will be classified as?independent contractors.?

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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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