单选题Which of the following actions is open to a party who has only partly performed work under a contract?
单选题An agency relationship which is made retrospectively is referred to by which of thefollowing terms?
单选题The category of treasury shares comes into existence under which of the following circumstances?
单选题Which of the following describes a pre-contractual statement which does NOT form a term of a contract but induces the contract?
单选题Which of the following is an English court NORMALLY bound to follow?
单选题hich TWO of the following are reasons for dismissal which must be justified as FAIR?
(1) Capability or qualifications of the employee
(2) Legal prohibitions relating to the employee
(3) Refusal of the employee to join a trade union
(4) Taking part in unofficial industrial action
问答题In relation to the law of contract, explain and distinguish between a ‘pledge’ and a ‘hypothecation’. (10 marks)
问答题Before going out of town for one week, Ayaz asked his friend Farhan to look after his designer clothing store during his absence. The next morning Farhan noticed that the store locks had been tampered with, so he had them replaced. In order to boost the sales of Ayaz’s store, Farhan offered to customers a 20% discount on all items in the store. Upon his return, Ayaz was unhappy with this situation and immediately removed the discount. Disappointed with Farhan’s handling of the store matters, Ayaz has approached you for advice.
Required:
Analyse the situation from the perspective of the law of agency and explain what rights and remedies Ayaz has against Farhan. (10 marks)
问答题(b) Thieves broke into Glitter Jewellers’ premises and stole jewellery worth R50,000. Glitter Jewellers offered to pay a reward of R5,000 to anyone who gave information to the police which would lead to the arrest of the thieves and the recovery of the stolen jewellery. Edward provided the necessary information but at the time of supplying the information, he was not aware of the offer of a reward.
Required:
Advise Edward. (5 marks)
问答题(b) as to the possible impact of the Unfair Contract Terms Act 1977 regarding any claim Abid might make against Bust Ltd in relation to his injuries. (3 marks)
问答题(b) Describe how the courts deal with a situation in which there is no specifi c law to decide the outcome of a legal case. (4 marks)
问答题(b) explain when a partnership can be dissolved by the operation of law. (5 marks)
问答题(b) whether the directors may convene a general meeting before the potential buyer leaves for England. (5 marks)
问答题(b) Explain whether a company may make a loan to its directors or its holding company’s directors. (5 marks)
问答题David is the only member of Eland CC. Eland CC is the registered owner of a game farm. David wants to sell the game farm to Fred. Fred does not have sufficient funds to pay for the game farm in cash and he has to apply to Grand Bank for a mortgage bond to finance the purchase. In order to save the exorbitant transfer duties payable on the transfer of land, David and Fred decide that Fred would simply buy David’s member’s interest in Eland CC and then apply for the mortgage bond to finance the purchase of the member’s interest.
Required:
Analyse the above scenario and comment on the validity of the transaction. (10 marks)
问答题(b) whether he is likely to be successful in his claim against the auditors of ABC Bhd. (4 marks)
问答题(b) the specific meaning of the torts of:
(i) negligence; (4 marks)
(ii) passing off. (4 marks)
问答题(c) explain and distinguish between a ‘company limited by shares’ and a ‘company limited by guarantee’. (4 marks)
问答题(b) State the major differences between general suretyship guaranty and several and joint suretyship guaranty. (4 marks)
问答题(b) Explain the importance of the distinction between contracts of service and contracts for services. (3 marks)