问答题In relation to contract law, explain the circumstances under which a contract may be terminated, and state the consequences of the termination of the contract. (10 marks)

问答题In relation to employment law:

问答题Miskin Sdn Bhd (Miskin) is a company which specialises in the trading of electronic spare parts. Ali, Badri and Cindy are its directors. Although the company was prosperous in the past it has suffered serious losses over the past three years and is now insolvent. Six months ago, Ali and Badri, pursuant to a decision taken at a board meeting at which Cindy was not present, ordered, on credit, RM2 million worth of electronic spare parts from EZ Manufacturing Sdn Bhd (EZ). When Cindy later learned of this transaction, she questioned Ali and Badri as to how Miskin was going to pay for the goods when it was totally insolvent. They replied that they did not have any intention of paying EZ. Last week Miskin was put into insolvent liquidation and a liquidator was appointed. The liquidator seeks your legal advice on the following matters: (a) whether Ali and Badri have committed any specific criminal offence under the Companies Act 1965 in respect of ordering goods on credit from EZ; (3 marks) (b) whether Ali, Badri or any other person can be made personally liable for the debts and liabilities of Miskin; and (3 marks) (c) If Ali and Badri did not have the intention to defraud EZ but instead they ordered the goods on credit in the hope that the prospects of Miskin would soon improve, whether: (i) they have committed any criminal offence; and (ii) they, or any other person, can be made personally liable for the debts and liabilities of Miskin. (4 marks) Required: Advise the liquidator. Note: The mark allocation is shown against each matter. (10 marks)

问答题In relation to the law of employment, discuss the main duties of an employer. (10 marks)

问答题SP Ltd is a private company limited by shares, which has adopted Table A as its articles of association. The issued share capital of SP Ltd is divided into 1,000 ordinary shares of nominal value EUR1 each and 1,000 preference shares of nominal value EUR1 each. Both ordinary and preference shares carry one voting right each. Simos owns 300 ordinary shares and 150 preference shares. Panos owns 700 ordinary shares and 850 preference shares. Panos wishes to amend certain provisions of the articles of association of SP Ltd, including the rights attached to the preference shares, but Simos objects. Required: Advise Panos and Simos respectively as to their legal rights and obligations in relation to the proposed amendments by Panos. (10 marks)

问答题(b) Explain the practices that are expressly prohibited by the Law on Enterprises. (5 marks)

问答题In relation to the law of contract, explain the ways in which a contractual offer can come to an end. (10 marks)

问答题Katch Co is a small private limited company. Although there are three members of its board of directors, the actual day-to-day running of the business is left to one of them, Len, who simply reports back to the board on the business he has transacted. Len refers to himself as the managing director of Katch Co, although he has never been officially appointed as such. Six months ago Len entered into a contract on Katch Co’s behalf with Mo to produce some advertising material for the company. However Katch Co did not wish to proceed with the advertising campaign and the board of directors have refused to pay Mo, claiming that Len did not have the necessary authority to enter into the contract with him. Required: Analyse the situation with regard to the authority of Len to make contracts on behalf of Katch Co and in particular advise whether or not Katch Co is liable to Mo. (10 marks)

问答题(c) issued share capital. (3 marks)

问答题In relation to the legal system of Lesotho, explain how the Roman–Dutch law was introduced in Lesotho. (10 marks)

问答题(b) redundancy. (5 marks)

问答题(b) Discuss the implications of separate legal personality for effective corporate governance. (5 marks)

问答题(b) the reasons for compulsory winding up. (6 marks)

问答题David and Eddy had been friends working together for a long time. Both of them are construction workers. As regard the practice between them, it was David who entered into contracts with the construction companies. Afterwards, the contracts were performed by both of them. All the tools for performing the contracts were supplied and arranged by David. David would pay Eddy his part of remuneration for the performance of each of the contracts before David received the whole contract sum from the construction company. Last month, Eddy suffered injury when he worked on a contracted job on a construction site. Under the law, an employer has to pay his employee compensation if the employee suffers personal injury in the course of performing the employment contracts. David has refused to pay Eddy employee compensation on the ground that they were working together as partners. Required: In relation to employment law, advise Eddy as to his entitlement for employee compensation from David. (10 marks)

问答题(b) state whether Buyer’s claims for liquidated damages and damages should be supported by the court. (5 marks)

问答题(b) Having ordered the chocolates, Trang discovered that they were an inferior brand and informed the supplier that he would only pay 60% of the agreed price. Explain the potential consequences of this decision. (3 marks)

问答题Clean Ltd was established some five years ago to manufacture industrial solvents and cleaning solutions, and Des was appointed managing director. The company’s main contract was with Dank plc a large industrial conglomerate. In the course of its research activity, Clean Ltd’s scientists developed a new super glue. Des was very keen to pursue the manufacture of the glue but the board of directors overruled him and decided that the company should stick to its core business. The managing director of Dank plc is a friend of Des’s and has told him that Dank plc will not be renewing its contract with Clean Ltd as he is not happy with its performance. He also told Des that he would be happy to continue to deal with him, if only he was not linked to Clean Ltd. Following that discussion Des resigned from his position as managing director of Clean Ltd and set up his own company, Flush Ltd which later entered into a contract with Dank plc to replace Clean Ltd. Flush Ltd also manufactures the new glue discovered by Clean Ltd’s scientists, which has proved to be very profitable. Required: In the context of company law, advise the board of Clean Ltd as to whether they can take any action against Des or Flush Ltd. (10 marks)

问答题(b) explain the legal obstacles that stand in Sandra’s way as a director of the company in light of her conviction for fraud four years ago. (3 marks)

问答题(b) Whether he can take an action against Hillary for the breach of her fiduciary duties. (6 marks)

问答题(b) the doctrine of precedent. (4 marks)