问答题(b) The difference between the termination of employment contracts by choice and by breach. (6 marks)
问答题With reference to the Companies Act 1965 and relevant illustrations, explain what is fraudulent trading and the legal consequences of such fraudulent trading. In your answer state also who can be made liable as well as who can initiate legal proceedings for fraudulent trading. (10 marks)
问答题Pious, a Church Minister, asked one of his parishioners Short, an accountant, to prepare the fi nancial statements for the church. Short agreed to perform the service at no charge. He instructed a trainee accountant, Bruce, to do the work but not to spend too much time at it.
Bruce immediately worked on the assignment but he did not follow ordinary accounting procedures, which would have revealed that a church employee, Smart Alec, was regularly stealing from the church’s funds. This carried on for two years and the church lost $20,000 due to Smart Alec’s stealing.
Required:
In relation to the law of obligations explain whether Short would be liable to the church for the sum of $20,000·00 for failing to timeously discover Smart Alec’s fraud. (10 marks)
问答题Explain the ‘constitutional jurisdiction’ of the High Courts of Pakistan under Article 199 of the Constitution of Pakistan, 1973. (10 marks)
问答题In relation to the law of contract, explain the general rules relating to the award of damages. (10 marks)
问答题(b) State the period of notice required in the event that either the employer or the employee wishes to terminate the contract of service by notice. (4 marks)
问答题(c) whether Jim can challenge the validity of the meeting on the ground that he did not receive notice of the meeting. (3 marks)
问答题In relation to the tort of negligence, explain the concept of ‘duty of care’. (10 marks)
问答题In relation to contract law, analyse the effect of a breach of contract. (10 marks)
问答题(b) Explain David’s position in terms of the Insider Dealing and Market Abuse Offences Act Cap 476 if he decides to purchase shares in the company following receipt of the information on the take-over. (3 marks)
问答题(b) Distinguish between ordinary, special and written resolutions. (5 marks)
问答题(b) Explain the ways in which an offer may be revoked as provided under the Contracts Act 1950. (5 marks)
问答题OOO Trade is an importer and distributor of foodstuffs. It has entered into a contract of commission with Alexei through hich Alexei will sell 100 cases of caviar and 100 cases of wild mushrooms. Under the contract, OOO Trade has nsisted that cases of caviar will be sold for no less than 5.000 roubles per case and that cases of wild mushrooms will e sold for no less than 2.000 roubles per case. The parties to the contract also agreed on a commission fee of 25.000 oubles.
Alexei soon found a buyer for the caviar who was prepared to pay 7.000 roubles per case. However, he has reater diffi culty in fi nding a buyer for the wild mushrooms and decided to sell them in the general market place for .500 roubles per case.
Subsequently, the buyer of the caviar complained that the produce was of inferior quality and stated that he was onsidering legal action.
Required:
问答题Hai has been informed that JKL Limited, a company in which he owns shares, has become insolvent. He had previously made several investments in shares and bonds issued by the company.
The initial investment was a purchase of partly paid shares at half their nominal value. Encouraged by the capital growth and dividends on the investment immediately after the investment, Hai then purchased further shares at a price in excess of their nominal value. Hai also invested in bonds issued by the company.
Hai’s brother has informed him that there is no need to worry as the bondholders will be given priority for the return of their capital, that there will be no further liability arising from the first purchase of shares and that the premium paid for the second purchase of shares can be recovered from the liquidator.
Required:
Discuss Hai’s potential rights and obligations arising from his ownership of the securities. (10 marks)
问答题(b) state which party shall bear the risks and costs when a debtor deposits the subject matter. (4 marks)
问答题(c) advise Rahman on the implications of the appointment of his wife as the chief executive of OCPL. (2 marks)
问答题JKB stores (‘JKB’) is a franchisee of Zike International (‘Zike’). Under their franchise agreement, JKB has provided Zike with a bank guarantee of rupees 2,000,000 issued in favour of Zike by Friendly Bank (‘Bank’). Since then the following events have occurred:
(a) JKB has defaulted and Zike has requested the Bank for the encashment of the guarantee in its favour.
(b) The Bank has refused on the ground that it did not receive any consideration from Zike for providing the guarantee, therefore, Zike should approach JKB.
Required:
Analyse the situation from the perspective of contract law and advise Zike as to its future course of action. (10 marks)
问答题In relation to the courts’ powers to interpret legislation, explain and distinguish between the literal rule, the golden rule and the mischief rule. (10 marks)
问答题(b) the doctrine of privity. (5 marks)
问答题(d) whether Das has any right of action against Ali. (2 marks)