问答题Tinashe a medical doctor owns a residential stand in Mandara, Harare. He met his friend Sandra, whom he told that he intended to sell his residential stand for $5,000,000. Sandra told Tinashe that she would be interested in buying it but Tinashe did not say anything. During the week Sandra received an e-mail with Tinashe’s bank account details and Sandra proceeded to deposit $5,000,000 into the account. She phoned Tinashe the following day requesting that he effect a change of title and transfer the title deeds to the stand into her name. Tinashe did not reply to this. He realised that he could have made more profit had he sold the stand in foreign currency and refused to change the title deeds but instead insisted on repaying Sandra the money paid to him. He maintained that there was no contract between them. Required: In relation to the law of contract, explain to Sandra whether she has any remedies available to her. (10 marks)

问答题In terms of the Employment and Industrial Relations Act, 2002 describe the information which must be given to an employee by an employer in the absence of a contract of employment. (10 marks)

问答题In relation to Article 34 of the UNCITRAL Model Law on International Commercial Arbitration, explain under what circumstances a party may have recourse against an arbitration award. (10 marks)

问答题In January 2010 Ami took over an old warehouse with the intention of opening an art gallery. As the warehouse had to be converted, Ami entered into two contracts, one with Bry to do all the necessary plastering and one with Cis, who was to do all the necessary painting. Both Bry and Cis were to be paid €5,000. Both received initial payments of €1,000 and agreed to have the work completed on 31 March, as the art gallery had to be ready for its fi rst exhibition on 1 May. At the end of February, Bry told Ami that he would not complete the plastering in time unless she agreed to increase his payment by a further €1,000. Ami agreed to pay the increased sum in order to ensure that the job was done on time. She then thought it was only fair that she should increase the amount of money promised to Cis by the same amount. However, on completion of the work on time Ami refused to make either of the additional payments to Bry or Cis, beyond the original contractual price. Required: Advise Bry and Cis whether they have any rights in law to enforce Ami’s promise to pay them an extra €1,000. (10 marks)

问答题In relation to employment law, discuss dismissal of an employee for misconduct. (10 marks)

问答题Geo, Ho and Io formed a partnership three years ago to run a hairdressing business. They each provided capital to establish the business as follows: Geo ￡20,000; Ho ￡12,000; and Io ￡8,000. The partnership agreement stated that all profits and losses were to be divided in proportion to the capital contribution. After 18 months Geo provided the partnership with a loan of ￡3,000 in order to finance the purchase of more stock. The loan was to be paid back from the profits of the business. Unfortunately the business was not successful and the partners decided to dissolve the partnership rather than risk running up any more losses. At the time of the dissolution of the partnership its assets were worth ￡20,000. Its external debts were ￡7,000 and none of the debt to Geo has ever been paid. Required: Advise the partners as to how the financial aspects of the dissolution will be conducted and how the assets will be distributed. (10 marks)

问答题(b) Explain what action may be taken against Andrew for his failure to make the necessary disclosures to the board of directors. (2 marks)

问答题Describe the procedures prescribed by Cyprus legislation which are designed to prevent money laundering in relation to consultancy or accounting services. (10 marks)

问答题(b) Advise Edward. (5 marks)

问答题(b) Explain and distinguish between the rights of a shareholder and the rights of a holder of an unsecured debenture in a company. (6 marks)

问答题In relation to the law of agency, explain the role of the agent and provide examples of agency relationships. (10 marks)

问答题(b) Explain the role of the special controller in such a procedure. (5 marks)

问答题In relation to the Maltese legal system, distinguish between the primary and secondary sources of law. (10 marks)

问答题(b) Explain the extent to which Bao and his fellow shareholders can infl uence the dividend distributed to shareholders. (4 marks)

问答题(b) Explain the alternative outcomes that may arise once the work of an external manager has been completed. (4 marks)

问答题(b) compulsory liquidation. (5 marks)

问答题(b) Discuss the potential accountability of Tamara and the other directors of –OAO- Relax for the losses sustained by the company. (5 marks)

问答题(c) Explain whether Alexei can take any action against Rosa for breaking the terms of the partnership agreement. (3 marks)

问答题(b) torts and quasi-torts. (5 marks)

问答题In the context of companies in financial difficulty, explain the meaning, effect and rules relating to the operation of administration as an alternative to winding up. (10 marks)