问答题(b) explain the relevant restrictions on the PERIOD of probation in a labour contract. (6 marks)
问答题In relation to the legal system, explain what is meant by case law and precedent within the context of the hierarchy of the courts. (10 marks)
问答题(b) the proposed personal liability of the directors for the company’s illegal activities. (5 marks)
问答题(b) state the rules that deal with the consequences where a contract is decided to be invalid. (6 marks)
问答题In relation to the legal system, explain the ‘Bill of Rights’, as contained in the Constitution of South Africa. (10 marks)
问答题(b) discuss the significance of consideration in contractual arrangements. (6 marks)
问答题In terms of the provisions of the Civil Code, explain the principal rights and obligations of the two parties to a mandate agreement. (10 marks)
问答题In the context of company law, discuss the common law fiduciary duties owed to a company by a director. (10 marks)
问答题Explain the distinction between a limited company and other forms of business organisation. (10 marks)
问答题Describe the structure and functions of the main civil courts in the Scottish legal system, including the Supreme Court. (10 marks)
问答题(c) state the special procedure that can be taken for the creditors’ meeting to approve a resolution involving the matters on the settlement agreement or the restructuring of an enterprise in the process of bankruptcy liquidation. (4 marks)
问答题In relation to employment law, discuss the common law duties of an employee under a contract of employment. (10 marks)
问答题(b) Explain how the role of the external auditor differs from the role of the internal audit commission. (4 marks)
问答题In relation to the law of obligations, explain the provisions set out in the Civil Code in respect of the proper discharge of obligations. (10 marks)
问答题In terms of contract law, explain and distinguish between contracts and quasi-contracts, torts and quasi-torts. (10 marks)
问答题(c) state the provisions concerning liquidated damages for breach of a labour contract by an employee that may be incorporated into a labour contract. (4 marks)
问答题Jack and Jill are the directors of J-J Sdn Bhd, a company which specialises in the manufacture and sale of perfumes and aromatic oils. The company is quite profi table and its products are in much demand.
Recently, Snowyte, a member of the company, discovered the following:
(a) Jack has set up a business in partnership with his brother, Tom. Their fi rm, J T Brothers, also deals in the manufacture and sale of perfumes and aromatic oils. Jack has been able to bring in substantial business to the fi rm. J-J Sdn Bhd has lost some of its business due to the competition from J T Brothers. (5 marks)
(b) Last month, Jack and Jill bought a piece of land for J-J Sdn Bhd from Jenny, for RM 300,000. Snowyte complains that the members of the company were not notifi ed of the purchase. She has also learnt that Jenny is Jill’s sister-in-law. (5 marks)
Snowyte wishes to know whether Jack and Jill have breached any of the provisions of the Companies Act 1965 in the above-mentioned situations and the consequences if such breach has in fact occurred.
Required:
Advise Snowyte.
(Note: the mark allocation is shown against each situation) (10 marks)
问答题Mark agrees to purchase a frost-free freezer from a local retail outlet. He signs the purchase order and effects payment. However, when the freezer is delivered he soon discovers that the freezer is not frost-free.
Required:
Explain what action may be brought forward by Mark on the basis of invalidity of a contract. (10 marks)
问答题(c) Explain whether Di has any right of action against Ann. (2 marks)
问答题(d) Assessors. (2 marks)