问答题(b) The creation of agency relationship by ratification. (5 marks)

问答题(b) state the conditions to be met for a party to be eligible for specific performance as a legal remedy for breach of contract. (4 marks)

问答题(b) explain TWO advantages and TWO disadvantages of delegated legislation. (6 marks)

问答题(b) identify the persons or entities who may apply to the court for compulsory winding up of a company. (5 marks)

问答题Within the context of the UN Convention on Contracts for the International Sale of Goods, explain the obligations placed on the contractual parties to preserve goods, in their possession, belonging to the other contractual party. (10 marks)

问答题(b) State, with reference to relevant legislation, the situations in which an employee may be said to have been: (i) laid-off; and (ii) made redundant. (7 marks)

问答题Crafty Construction (Pty) Ltd is a construction company formed some ten years ago by three brothers David, Ed and Frank. The company has a nominal capital of 500,000 shares of R1 nominal value, allotted as follows: 200,000 to David, 200,000 to Ed and 100,000 to Frank. The company has not been performing particularly well for some time, but has made a profit of R100,000 in the past year. Frank has recently suffered a heart attack and he needs to realise his R100,000 shareholding to help finance his purchase of a house in a retirement village. David and Ed would like to help him but neither can raise the R100,000 to purchase the shares and, given the company’s trading situation, an outsider cannot be found to buy at that price. Required: Advise the parties as to whether, and if so how, Crafty Construction (Pty) Ltd can buy the shares itself. (10 marks)

问答题Melanie ran a small hotel at Limassol seaside, which was very successful. She therefore wanted to expand her premises. To this extent, Melanie engaged her brother, Brian, to build an extension to the hotel, creating four additional rooms, in exchange for EUR10,000. Brian promised to have the rooms ready by 1 June 2011. In the meantime, Melanie made relevant bookings of the new rooms for the summer period starting on 1 June 2011. On 1 May 2011, Brian realised that he would not finish the work on time, and asked for an additional payment of EUR5,000 in exchange for a promise to deliver the rooms by 1 June 2011. Melanie, having no alternative, agreed to pay the additional amount. However, Brian did not finish the work until 15 June 2011 and Melanie faced complaints from frustrated clients. Required: Advise Melanie of her legal rights and obligations under contract law. (10 marks)

问答题(c) Explain how the responsibilities of a surety are terminated. (4 marks)

问答题In the context of the Companies Law, explain the duties and extent of liability of company directors. (10 marks)

问答题(b) the Payment of Wages Act, 1936. (5 marks)

问答题Under the Maltese judicial system, explain the doctrine of precedent and explain whether the Maltese system is bound to apply this doctrine. (10 marks)

问答题(b) Felix has been negotiating a contract on behalf of F & G Ltd but the other party wishes to award the contract to Felix personally. Felix resigns from his position as director of F & G Ltd to take the contract personally. (5 marks)

问答题(b) state FIVE examples from different types of relationship where a duty of care arises. (5 marks)

问答题Mr Jones was purchasing items to furnish his new house. He ordered all electrical and plumbing fi ttings from one supplier and these included an air-conditioning system. After being installed it transpired that the system could only provide cooling and no heating. Mr Jones is claiming that this is not what he ordered and that the supplier should replace the system provided and return the payment effected for the air conditioning system. Required: Explain what action, if any, can be taken against the supplier by Mr Jones. (10 marks)

问答题Explain the impact of human rights law on South African law. (10 marks)

问答题(d) Premium. (2 marks)

问答题In company law, illustrate the effects of incorporation. (10 marks)

问答题Graham was the successful owner of a hardware store. He had great ambitions to expand his store into a nationwide franchise. Graham sold his business to Handyware (Pty) Ltd, a company that he incorporated. As purchase price for the store he received 10,000 preference shares and secured debentures issued by the company. Graham was appointed managing director of the company and he was also the only shareholder. Due to the economic downturn Handyware (Pty) Ltd was liquidated two years later. There are insuffi cient assets to pay both Graham’s secured debentures and the ordinary creditors. Handyware (Pty) Ltd also owes money to various other creditors. One of the creditors alleges that Graham ordered supplies from him while he knew the company was insolvent. Required: Advise the liquidators of Handyware (Pty) Ltd on the validity of the debentures and the possibility of holding Graham personally liable for the company’s debts. (10 marks)

问答题In terms of the Companies Act, 1995, describe the contents of a declaration of solvency and explain when this is to be prepared. (10 marks)