问答题Smith has been an employee of the company for two years. The company has just discovered that Smith had stolen the property of the company several times. Required: (b) In relation to employment law, advise the company as to whether any notice period is required for the company to terminate the employment contract between the company and Smith by reason of the misbehaviour of Smith. (5 marks)

问答题(b) Explain the obligations imposed by the Labour Code on an organisation that intends to dismiss employees on the grounds of redundancy. (6 marks)

问答题ABC Limited is a private company limited by shares, which has adopted Table A as its articles of association. The authorised and issued share capital of ABC Limited is EUR 10,000 divided into 5,000 Class ‘A’ shares of EUR 1 each and 5,000 Class ‘B’ shares of EUR 1 each. Class ‘A’ shares enjoy preferential rights over dividends and repayment of capital. Mary holds 4,000 Class ‘A’ shares and 4,000 Class ‘B’ shares; Tim holds 500 Class ‘A’ shares and 1,000 Class ‘B’ shares; and John holds 500 Class ‘A’ shares. Mary wishes to remove the preferential rights attached to Class ‘A’ shares but Tim opposes. Required: Advise Tim. (10 marks)

问答题Celine and Daniel agree that Celine will purchase Daniel’s apartment in Eras Street for EUR80.000. On the basis of her agreement with Daniel, Celine enrols her three-year old son in the nursery school across from Eras Street, for which she pays the annual fees in advance. Daniel then informs Celine that he does not wish to sell his apartment in Eras Street. Required: Advise Celine as to the remedies available to her against Daniel. (5 marks)

问答题With reference to the laws and regulations on money laundering, describe the provisions applicable to auditors and legal advisors. (10 marks)

问答题(b) state the rule of settlement of bankrupt expenses and the community liabilities during the liquidation process. (4 marks)

问答题Edwin was the managing director of a company that ran a chain of fast food restaurants. In one of the board meetings, one of the directors informed the board that a certain building on President Street was available at a reasonable price. This building was near a large, fairly new shopping mall, and in all probability would attract a lot of potential customers. The board, however, decided that because of the economic climate it was not a good time to make such an investment. Three months later Edwin resigned from the board, bought the building and opened his own fast food restaurant. Required: Advise the company whether it would be entitled to acquire the building from Edwin, and also to claim the profits the restaurant may make. (10 marks)

问答题Eleni and Panicos are the directors of Best Toys Ltd, a private limited liability company trading in the toy industry. Both Eleni and Panicos are employed by Best Toys Ltd on a three-year contract, which started in January 2006. In November 2008, Eleni left on maternity leave. Julia, who is the majority shareholder of Best Toys Ltd, wishes to replace Eleni because she considers her services to be inadequate. Required: Advise Julia. (10 marks)

问答题Describe the different classes of ‘workmen’ as stated under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. (10 marks)

问答题(b) when acceptance becomes effective. (5 marks)

问答题In relation to the legal system of the Hong Kong Special Administrative Region, explain the sources of law of the Special Administrative Region. (10 marks)

问答题In relation to the tort of negligence, explain the meaning of ‘duty of care’. (10 marks)

问答题(b) binding precedent and persuasive precedent. (6 marks)

问答题(b) the procedure (5 marks) for challenging the appointment of an arbitrator.

问答题In relation to the tort of negligence explain the standard of care owed by one person to another. (10 marks)

问答题(b)Morgan Save bought a top of the range Mercedes Benz ML class from Gabriel Gushungo, who had imported the car directly from the production line in Bavaria, Germany. Morgan paid US$100,000, which represented all the costs involved in the importation of the car including clearance charges. Upon the car’s arrival in Harare, Gabriel decided to sell the same car to Arthur Samanyika for US$120,000. This range of car is unique in Zimbabwe and is not available on the local market and replacing the same car with another from Bavaria would now cost at least US$130,000. This is due to the fact that there has been a steep rise in transport and customs charges for imported luxury cars. Required: Explain whether Morgan is able to sue for specifi c performance. (5 marks)

问答题Axel is a German manufacturer who uses hydrochloric acid in his manufacturing process. In January 2010 he entered into a contract with Boris, a Russian wholesaler of chemicals, for the supply of 100 tonnes of hydrochloric acid to be delivered to his factory in Germany by 1 April. In March Boris found out that his supplier, the company, which actually manufactured the acid, was engaged in a long-standing industrial dispute and would not be able to supply the acid. When Boris failed to deliver the acid by the agreed date Axel was forced to buy an alternative supply of acid to keep his production process operating. The cost of the replacement acid was considerably higher than the price agreed in the contract with Boris. As a result Axel intends suing Boris for breach of contract, claiming compensation for damages, consisting of the difference between the price of the acid established in the contract and the price at which he was obliged to purchase the acid from the third party. Boris denies any liability, claiming that the failure to supply the acid was due to circumstances beyond his control. Required: Within the context of Article 79 of the UN Convention on Contracts for the International Sale of Goods, advise the parties on the extent to which an impediment beyond their control may allow a person to avoid liability for breach of contract, and whether or not Boris will be liable for the damages suffered by Axel. (10 marks)

问答题Sam was employed by Insurance Company as a financial advisor and was given business cards which clearly stated so. However, in reality, the company had employed him to sell life insurance policies and nothing else. Peter approached Sam and told him that he had just sold his house for R800,000 and wanted some financial advice on where he should invest that money for a profitable return. He told Sam he would be willing to invest the entire sum for a period of three years for capital growth. Sam advised Peter that he should lend this amount to Joe, who is a building contractor of some repute, and that he would most likely double this amount in three years time. He also promised Peter he would make sure Joe provided adequate security for the loan. Peter followed Sam’s advice. Joe’s business collapsed soon thereafter. It became insolvent and the most that Peter can get out of the security that Joe provided is R100,000. Required: Advise Peter if he has a case against Insurance Company in the law of agency. (10 marks)

问答题(c) Redundancy. (4 marks)

问答题In terms of the Companies Act, 1995, explain the manner in which partnerships en nom collectif and en commandite are managed. (10 marks)