问答题(b) explain any FOUR exceptions to the general rule that contracts entered into by minors are void. (8 marks)
问答题(b) state the major legal characteristics of exclusive jurisdiction, in terms of:
(i) the basis of exclusive jurisdiction; and (4 marks)
(ii) the effect of the rule of exclusive jurisdiction. (4 marks)
问答题(b) Whether she can require Chris to undertake the work on the garden, and if not, what alternative action is available to her. (5 marks)
问答题Describe the circumstances in which a company in difficulty in Lesotho can take recourse to judicial management. (10 marks)
问答题In the context of company law, explain the instances when the concept of separate personality may be ignored. (10 marks)
问答题In relation to the law of delict, explain the notion of ‘fault’. (10 marks)
问答题Gim and Hom formed an online supply company, IMP Ltd, in 2010 and have been its sole directors since then. The business has never made a profit and has only managed to carry on trading by using its £50,000 overdraft facility with Just Bank plc.
In January 2012, IMP Ltd entered into a large deal and by October 2012 it was obvious that it had lost £100,000 on the contract. Gim and Hom treated the loss as merely unfortunate and carried on trading although this meant unilaterally ignoring the limit on their agreed overdraft with Just Bank plc, and delaying the payments on their other outstanding contracts. They justified their decision on the grounds that they could recover all their losses to date from the profits of a new contract. Unfortunately, their optimism was misplaced and the new contract lost an additional £100,000.
In February 2014 Gim and Hom applied to have IMP Ltd wound up, owing debts of £250,000.
The realisable value of the company’s assets is £10,000.
Required:
Analyse the above situation from the perspective of Gim and Hom’s potential liability for either fraudulent or wrongful trading under the Insolvency Act 1986. (10 marks)
问答题Sharp was dismissed from employment for taking time off work without permission. He appealed to the internal disciplinary body, which reinstated him but, at the same time, suspended him for five days without pay. Sharp accepted the suspension and resumed work. One day later, he asked his employer for an advance of R200 against his salary for the month as he was short of money. This was refused. Sharp then asked for a loan of R200 and told the employer he would be willing to pay the usual interest. That was also refused. Sharp decided to resign in order to get access to his terminal benefits, which were duly paid. Sharp would like to institute a claim for constructive dismissal on the basis that he had been forced to resign because of his employer’s unreasonable conduct.
Required:
Advise Sharp. (10 marks)
问答题In relation to company law, compare and contrast administration and winding up of companies. (10 marks)
问答题(c) whether the removal of Ah Chong as a director is valid. (3 marks)
问答题(b) the various types of preference shares that a company may issue. (5 marks)
问答题Describe the duties placed on both parties to an employment contract. (10 marks)
问答题In relation to agency law, explain the various types of authority that an agent may have. (10 marks)
问答题(d) the difference between nominal value and market value. (2 marks)
问答题(b) advise Rashid on whether he can bring a legal action against CCL. (5 marks)
问答题(b) Explain the legal constraints that limit the actions of the board of directors and the executive body. (5 marks)
问答题(b) state the legal consequences of voluntary winding-up. (5 marks)
问答题In relation to the law of agency, explain how the agency relationship is established. (10 marks)
问答题(b) Describe the procedure for dismissing an employee. (5 marks)
问答题(c) State the statutory period of underwriting for the proposed issuance. (1 mark)