问答题(d) whether Das has any right of action against Ali. (2 marks)

问答题Clare, Dan and Eve formed a partnership 10 years ago, although Clare was a sleeping partner and never had anything to do with running the business. Last year Dan retired from the partnership. Eve has subsequently entered into two large contracts. The first one was with a longstanding customer Greg, who had dealt with the partnership for some five years. The second contract was with a new customer Hugh. Both believed that Dan was still a partner in the business. Both contracts have gone badly wrong leaving the partnership owing ￡50,000 to both Greg and Hugh. Unfortunately the business assets will only cover the first ￡50,000 of the debt. Required: Explain the potential liabilities of Clare, Dan, and Eve for the partnership debts. (10 marks)

问答题Andrew and Ben were partners who owned a steak house. Andrew was quite keen to enlarge the business premises to accommodate more customers. Ben was opposed to it and said that they could not afford it. Andrew then contracted with Carol, an architect, to draw plans for the extension of the steak house. Carol did so and submitted an account for R10 000 for her professional services. Ben refuses to authorise payment and states that Andrew never had authority to contract with Carol. Required: Discuss whether the partnership is liable to pay Carol. (10 marks)

问答题(c) Explain whether Helena and Yuri will be able to make a claim against the bank for permitting the withdrawal f 700.000 roubles made by Rosa. (3 marks)

问答题Explain the jurisdiction and powers of the supreme court of Pakistan as envisaged by the Constitution of Pakistan, 1973. (10 marks)

问答题(d) explain against whom Mr Zhang should act in law for the recovery of the mini-bus. (3 marks)

问答题The memorandum of association of Continental (Pty) Ltd states that the main object of the company is to construct buildings in Gauteng. Article 5 of the company’s articles authorises the managing director to enter into all contracts on behalf of the company. Article 6 provides that any contract involving an amount in excess of R400,000 requires the prior consent of the shareholders in a general meeting. The managing director buys a truck in the name of the company at a price of R600,000, without the prior consent of the shareholders in a general meeting as required by Article 6. The seller of the truck admits that she has never read the articles of association of the company. Required: Discuss whether the contract is binding on the company. (10 marks)

问答题In relation to the formation of a company limited by shares, explain the provisions of the Federal Law on Companies imited by Shares applicable to:

问答题(c) Describe the role of the Standing Committee of the National Assembly. (4 marks)

问答题(c) shadow directors. (3 marks)

问答题(b) Causation. (5 marks)

问答题In terms of the Companies Act, 1995, explain and distinguish between wrongful and fraudulent trading. (10 marks)

问答题Waseem, aged 15, was very excited because he was to start summer camp at his school. However, his father was taking the family’s only car to Islamabad on business for a month. Waseem had been saving his pocket money for some time so he decided to buy a bicycle. The bicycle he liked was priced at Rs. 7,000·00, however Waseem had only Rs. 2000·00 with him. The shopkeeper knew Waseem and his father, so he allowed Waseem to take the bicycle on the promise to pay the remaining Rs. 5,000·00 on his father’s return. Waseem rode the bicycle to and from the summer camp for 15 days after which it was damaged in a fall. Waseem’s father has returned from the business trip and wants to return the bicycle. The shopkeeper has refused and wants the payment of the remaining Rs. 5,000·00. Required: Under the Contract Act, 1872, advise Waseem’s father on the status of the contract between Waseem and the shopkeeper, and any obligations that Waseem or Waseem’s father may owe to the shopkeeper. (10 marks)

问答题In terms of the Companies Act, 1995; (a) identify the contents of the partnership deeds of partnerships en nom collectif and en commandite and; (6 marks) (b) explain how changes may be effected to the partnership en commandite and en nom collectif partnership deeds. (4 marks)

问答题(b) Describe the matters that must be included in the constitutional documents of a limited liability company. (4 marks)

问答题In relation to the law of contract, explain what is meant by ‘tacit terms’. (10 marks)

问答题(b) State the remedies available for torts. (5 marks)

问答题In January 2011, Han, Ita and Jo formed a partnership, under the Partnership Act 1890, to run a pottery business trading under the name HIJ Potteries. On formation, Han introduced ￡6,000 into the business, Ita introduced ￡3,000 and Jo introduced ￡1,000. All of them took an active part in the operation of the business and the partnership agreement stated that all profits and losses should be divided in proportion to the capital contribution. However, as Jo was the person who would actually be making the pottery, it was agreed that she would not be liable for any more than her initial contribution towards any future debts. After some time, Han provided the partnership with a loan of ￡1,000 in order to sustain the operation of the business. Unfortunately, the business was not successful and made significant losses. The partners concluded that it would be best to stop trading and dissolve the partnership. Its assets were worth ￡5,000 and its external debts were ￡9,000. Required: In the context of the particular form of the partnership, explain the potential liabilities of Han, Ita and Jo for the partnership debts. (10 marks)

问答题Stavros, Tina and Myria are equal shareholders in STM Ltd, together holding 60% of the share capital of STM Ltd. STM Ltd is a private limited liability company, which adopts Table A as its articles of association. Tina decides to transfer her shareholding in STM Ltd to her friend Tom, but Stavros disagrees. Stavros would like STM Ltd to issue shares at a premium, and to use the premium for writing off the company’s preliminary expenses. Required: Advise Stavros. (10 marks)

问答题In relation to employment law, distinguish between an employee and an independent contractor. (10 marks)