问答题(c) state the rules on the transfer of the privately owned residential or commercial properties in a co-owned building by the owner. (2 marks)

问答题(b) Pledge. (6 marks)

问答题In relation to fraudulent behaviour, explain what is fraudulent trading and identify who is liable for fraudulent trading. (10 marks)

问答题In relation to the law of close companies, explain how a close company can be bound in contract. (10 marks)

问答题In relation to the Botswana Legal System, discuss the rules used by the Botswana courts in the interpretation of statutes. (10 marks)

问答题(b) Explain under which circumstances a company may be dissolved and wound up by the court. (3 marks)

问答题Kabelo is sitting with a group of his friends outside a restaurant by the river. He says that he will give P2,000 to anyone who can swim across the river. Kabelo puts the amount of the money on the table to show the seriousness of his challenge. Modisa is not with Kabelo’s group but is sitting at the table next to Kabelo. He hears the promise but does not say anything. Suddenly a child falls into the water from the other side of the river. Modisa dives into the water and begins to swim to her rescue. As Modisa is approaching the child, Kabelo shouts out: ‘Don’t think you are going to get my P2,000 because I am withdrawing the offer!’ Modisa nonetheless rescues the child and climbs out onto the other side of the harbour. Required: Explain whether Modisa can claim the P2,000 from Kabelo under the law of contract. (10 marks)

问答题(b) Explain the hierarchy of courts dealing with criminal law. (4 marks)

问答题(c) ‘insider trading’. (4 marks)

问答题The profits of Trade Joint Stock Company have been falling for two years due to increasing competition and the inability of the company to raise new finance. Linh is a wealthy investor who has returned to Vietnam, having spent many years in Europe. She is prepared to make funds available to the company. (i) Linh is prepared to take a minimum equity stake of 25% in the company but insists that she would expect some degree of control over the company’s business. (ii) She is unhappy with the content of the Charter, believing it to be too restrictive, and states that it must be changed as a condition of her investment. This will enable the company to diversify into new lines of business, though this will expose it to some new risks. (iii) She expects the existing board of management to accept her decisions and trust her business judgement. (iv) She insists on receiving a dividend of at least 10% per year. (v) She also states that in return for her investment she wants the company to guarantee places on the board of management for herself and two trusted advisers for a minimum period of five years. Required: Analyse the matters that must be considered by the board of management in considering whether to accept the conditions proposed by Linh. (10 marks)

问答题In relation to contract law, explain the approach of the courts when granting the remedy of specific performance for breach of contract. (10 marks)

问答题In relation to contracts of employment, discuss the main duties of an employer towards his employees under the Labour Code, 1992. (10 marks)

问答题(b) explain the procedure for the removal of a company auditor. (6 marks)

问答题In relation to the law of delict explain the concept of ‘remoteness of damage’. (10 marks)

问答题Shaka Ltd was in financial difficulty. In order to raise capital, it approached Milton to purchase 100,000 ordinary shares of R1 each at R0·75 per share. Milton was told that the company would never ask him to pay the balance of R0·25 per share. Milton agreed to buy the shares. However, two years later, the company went into liquidation. The liquidator has asked Milton to pay the balance of R0·25 on 100,000 ordinary shares. Required: Advise Milton whether he would be required to pay the balance of the partly-paid shares. (10 marks)

问答题(b) remoteness of damage. (4 marks)

问答题(b) describe various methods for the enforcement of an order for specific performance. (4 marks)

问答题(b) with reference to the Workmen’s Compensation Act, 1923 state: (i) the purpose of the Act; and (3 marks) (ii) the scope of the employer’s liability under the Act. (4 marks)

问答题(b) Discuss the potential liability of the concert organiser in Da Nang for the fees and expenses invoiced by Hai’s company. (5 marks)

问答题(b) explain any FOUR exceptions to the general rule that contracts entered into by minors are void. (8 marks)