问答题(b) State and explain the potential consequences to the individual or entity that is in breach of a contract. (5 marks)

问答题(b) the employee. (3 marks)

问答题Ab Co is a designer and manufacturer of highly specialist pressure transmitting systems. It required pressure sensors of a more than usual sensitivity for a particular contract. In search of the necessary components it approached Ba Co, a manufacturer of such equipment. In order to convince Ab Co of the suitability of their product Ba Co arranged for a technological evaluation of their sensors and were delighted when they more than matched the standard and announced the fact in their trade association journal. Ab Co was also delighted at the results of the tests and ordered the sensors from Ba Co. When Cy read the journal he was also sure that the sensors would be sensitive enough to function on a specialist project he was working on, so he also ordered a batch of the sensors from Ba Co. Unfortunately when Ab Co incorporated the sensors into its pressure transmitting systems they proved to be not as sensitive as it had been led to believe and caused the failure of the whole system. In fact the sensors were no more sensitive than normal sensors, available at a much lower price. Cy’s specialist project also failed because of the lack of sensitivity of the component sensors and he lost a valuable contract as a result. Required: Assuming that the UN Convention on Contracts for the International Sale of Goods applies, advise AB Co and Cy as to any rights and recourse they may have against Ba Co. (10 marks)

问答题(b) Explain the following exceptions to the nemo dat rule: (i) Estoppel; (3 marks) (ii) Market Overt. (4 marks)

问答题(b) Explain whether contracts have been concluded with Nikolai, Peter and Svetlana. (6 marks)

问答题In relation to the Pakistan legal system, discuss the concept of ‘fundamental rights’ as enshrined in the Constitution of Pakistan, 1973. (10 marks)

问答题Explain the process of arbitration as set out in the UNCITRAL Model Law on International Commercial Arbitration, and assess its relative advantages and disadvantages as an alternative to court proceedings.(10 marks)

问答题(b) his rights in respect of the said contract, assuming it is ultra vires. (5 marks)

问答题Analyse the duties and liabilities imposed on company directors. (10 marks)

问答题Fred is a member of Glad Ltd, a small publishing company, holding 100 of its 500 shares; the other 400 shares are held by four other members. It has recently become apparent that Fred has set up a rival business to Glad Ltd and the other members have decided that he should be expelled from the company. To that end they propose to alter the articles of association to include a new power to ‘require any member to transfer their shares for fair value to the other members upon the passing of a resolution so to do’. Required: Advise the parties concerned whether or not the proposed change to the articles is legally enforceable and whether or not it can be used to force Fred to sell his shares. (10 marks)

问答题(b) Within the context of corporate governance, explain the role of non-executive directors of public companies in the South African company law. (6 marks)

问答题(b) In the event that the partnership is dissolved before the matter is resolved, explain the potential personal liabilities of the partners for the transaction that Iulia has carried out. (5 marks)

问答题Irene Moyo, who was employed as a receptionist by Mhondoro Stationers (Pvt) Ltd was suspended and subsequently dismissed on 1 November 2007. The reason for her dismissal was alleged disobedience to a lawful order by the employer. This arose from the fact that on 31 October 2007, she developed a serious headache while at work and wanted to see her doctor immediately. When she sought permission from her immediate supervisor to see the doctor, this was turned down and fearing the worst for her health she decided to visit her personal doctor nonetheless. Upon returning to work the following day she found a letter of dismissal from employment waiting for her. Required: In relation to employment law, discuss the nature of possible legal remedies available to Irene Moyo. (10 marks)

问答题(b) The duties owed by employers to employees in common law. (6 marks)

问答题(b) Define the concept of volenti non fit injuria as a major defence to an action in negligence. (5 marks)

问答题In relation to company capital and financing, explain the provisions of the Law on Enterprises in respect of ordinary shares issued to founding shareholders of a new shareholding company. (10 marks)

问答题Andrew is an auditor. Last year, a bank paid him for a reference from him regarding the creditworthiness of a company. In the reference, Andrew negligently gave a reference stating that the creditworthiness of the company was good. Relying on the reference, the bank granted a loan to the company. However, by reason of a global financial crisis, the company has just been wound up by the creditors and is unable to repay the loan to the bank. Required: In relation to professional negligence, advise Andrew as to whether he is liable for the loss suffered by the bank. (10 marks)

问答题Two years ago, Collins was a director of Computer Ltd before he resigned his offi ce and incorporated his own company (‘Collins Company’). Before he left Computer Ltd, he had been responsible for negotiating with Hardware Ltd over a project (‘the Project’). The Project was about the setting up of product lines by Computer Ltd for manufacturing computer hardware for Hardware Ltd. Before Collins’s resignation, the two companies had not agreed on the number of the product lines to be set up, the nature of hardware to be manufactured and the contracting price that Hardware Ltd would pay to Computer Ltd for the manufacturing. A week ago, Hardware Ltd approached Collins and entered into a contract with Collins Company. Under the contract, Collins Company agreed to set up two product lines to manufacture computer processors for Hardware Ltd at a cost. Required: In relation to company law, advise Collins as to whether he has breached the director’s duties he owed to Computer Ltd. (10 marks)

问答题(b) Describe the rights of the different types of preference shareholders of a shareholding company. (7 marks)

问答题On 20 April 2009, Dennis Dube and his friend James Moyo decided to travel by coach from Harare to Bulawayo to attend the Annual International Trade Fair. At the beginning of the journey the driver of the bus, Fambai, made an announcement for all passengers to fasten their seat belts and during the course of the journey the bus’s electronic board kept flashing messages reminding passengers to fasten their seat belts. Dennis Dube complied with the instructions and fastened his seat belt whilst James Moyo did not. With 100km to reach their destination, it started to rain very heavily. The road became slippery and visibility was very poor. Whilst the majority of motorists travelling in either direction decided to park their vehicles, the driver of the coach proceeded with the journey and in spite of the unfavourable weather conditions, he drove very fast. Shortly afterwards, the driver lost control and the coach crashed into a big tree; both Dennis Dube and James Moyo, along with other passengers, sustained injuries. As James was not wearing his seat belt he sustained more serious injuries than Dennis. Lawyers representing the two men have quantified the damages due to Dennis Dube at $4,000·00 and the damages due to James Moyo at $10,000·00. Required: In relation to the law of delict, explain whether the defendant bus company has any defence (whether full or partial) to the damages claims filed by Dennis Dube and James Moyo. (10 marks)