1.The answer isA
It is a criminal offence punishable by fine or imprisonment for a director to make a declaration of solvency without having reasonable grounds for it. If the company proves to be insolvent, they will have to justify their previous decision, or be punished.
2.The answer is B
Where a defendant's actions carry the risk of negligence being committed they will have a defence if it can be proved that the claimant consented to the risk.
Volenti non fit injuria literally means the voluntary acceptance of the risk of injury. This defence is available to the defendant where both parties have expressly consented to the risk (such as waiver forms signed by a patient who is about to undergo an operation).
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