问答题(c) state the various powers of a liquidation administrator if an enterprise is pursuing a rectifi cation plan. (5 marks)
问答题Due to a recession in trade, Hancock Confectionary Ltd decides to sell its wholly owned subsidiary, Nougat Ltd. Nougat Ltd constitutes the greater part of Hancock Confectionary Ltd’s business. Garry, a director of both Hancock Confectionary Ltd and Nougat Ltd, agrees with the chief accountant of Nougat Ltd that they will together buy the subsidiary from Hancock Confectionary Ltd for R500 000.
Required:
Discuss the provisions of company law that apply to this transaction. (10 marks)
问答题(b) the measure of damages. (5 marks)
问答题Arjun, Bongsu and Chan are the directors of Cahaya Sdn Bhd, a company dealing in the export of timber. Last month, Arjun was sent to Japan on behalf of Cahaya Sdn Bhd to negotiate a contract with a Japanese company. Unfortunately the negotiations were not successful, and it was made clear to Arjun that the Japanese company did not want to offer any contract to Cahaya Sdn Bhd. Arjun reported this to the board of directors upon his return. Two weeks later he resigned from the company and managed to secure the contract with the Japanese company in his own name. He has made a very substantial profit from this contract.
Cahaya Sdn Bhd has now discovered this and wishes to sue Arjun for breach of fiduciary duty as a director and recover the profit he has made.
Required:
Advise Cahaya Sdn Bhd on the legal position. (10 marks)
问答题In breach of contract cases Zimbabwean courts draw a line between material or patrimonial loss on the one hand and sentimental or emotional loss on the other hand.
Required:
In relation to the law of contract, explain the general approach of the courts to the award of damages for breach of contract. (10 marks)
问答题In relation to employment law, state how the courts decide whether someone is self-employed or is an employee. (10 marks)
问答题In relation to the Partnership Ordinance (Cap 38), explain the duties owed by a partner to the other partners of a partnership. (10 marks)
问答题(c) the consequences of any dividend being paid in breach of the rules. (3 marks)
问答题(c) Describe the conditions under which an employee may terminate a labour contract without the advance notification to the employer. (4 marks)
问答题(c) state the various forms of disposal in relation to the right to use the land for construction by the owner of such a right. (4 marks)
问答题(c) Explain the rights of a pledgee. (4 marks)
问答题In relation to the law of partnership, explain the liability of partners in different types of partnership for partnership debts. (10 marks)
问答题(b) describe the duties and powers of a company secretary. (5 marks)
问答题(c) state the rules of compensation to a RIGHT HOLDER for any immovable or movable damaged, destroyed or lost by a possessor. (3 marks)
问答题(b) Explain whether Khanh can take any action against Lan in relation to the loss of existing customers to Lan’s new business. (4 marks)
问答题(b) the function of the bill of lading in relation to the passage of risk in the context of the UN Convention for the International Sale of Goods. (5 marks)
问答题In relation to company law, explain the major rules that are meant to preserve the share capital structure of the company. (10 marks)
问答题In relation to the law of agency, explain how a contract of agency is terminated. (10 marks)
问答题In relation to Partnership Ordinance (Cap.38), explain what is a partnership. (10 marks)
问答题(c) a limited liability partnership. (5 marks)