问答题(b) Explain the responsibilities of the board of management in respect of the administration of dividend payments. (5 marks)
问答题In terms of the Companies Act, 1995, explain how ordinary and extraordinary resolutions may be passed by both a public and a private company during a general meeting. (10 marks)
问答题In relation to company law, describe what is meant by the articles of association of a company. (10 marks)
问答题In relation to company law, explain the clauses that are required to be contained in a company’s memorandum of association. (10 marks)
问答题(b) Explain the legal and other obligations of the board of management. (5 marks)
问答题In relation to the Botswana legal system, explain and distinguish between the various ways of classifying law. (10 marks)
问答题In relation to the law of delict, explain the wrong of passing off and the major remedies available to the plaintiff in a passing off action. (10 marks)
问答题(b) discuss the elements of a cause of action based on negligence and the possible defences against it. (7 marks)
问答题Under the Constitution of Pakistan, 1973, explain the doctrine of separation of powers. (10 marks)
问答题In relation to company law, explain the circumstances under which a company may be compulsorily wound up by the court. (10 marks)
问答题In partnership law, a partnership may be terminated at any time by one of the partners if they can show justa causa. With reference to relevant authorities explain what amounts to justa causa. (10 marks)
问答题(b) explain the specifi c meaning and effect of
(i) a counter-offer; (3 marks)
(ii) a unilateral obligation. (2 marks)
问答题-ZAO- Food operates several shops that sell fresh, processed and frozen foods to retail shoppers. Having taken a delivery of frozen foods from a supplier, the goods were placed in temperature-controlled display units in the shop. The display units were supplied by the frozen food manufacturer, who also provided documentation on how the units were to be used. Sasha, an employee in one of the shops, accidentally set the temperature of the frozen food storage units incorrectly. As a result, several customers complained that members of their families had become unwell after consuming frozen food purchased in the shop. Some customers have stated that they will take legal action to recover medical costs and lost wages due to absence from work. Sasha claims that he was not given training on the use of the display units. -ZAO- Food claims that the documentation supplied with the display units does not clearly indicate correct storage temperatures.
Required:
Discuss the potential liability of the frozen food manufacturer, -ZAO- Food, and Sasha for injury caused to the customers of the shop, and the matters that the court will take into account when attributing liability. (10 marks)
问答题Define and analyse the constituent elements of a simple contract. (10 marks)
问答题(c) State the consequence of failing to fulfil the duty of disclosure. (1 mark)
问答题(b) the purposive approach, including the mischief rule. (5 marks)
问答题Natasha is an experienced producer of drama, and her plays have been highly successful in major cities and towns in recent years. She has decided to embark on a highly ambitious production that will require a substantial investment. Despite her impressive record, Natasha’s usual sponsors have been unwilling to commit themselves to fi nancing her new proposal, considering it to be too risky.
In order to develop this project further, Natasha has held meetings with Maria, who has indicated that she may be prepared to provide fi nance. Maria is moderately wealthy but wishes to limit her fi nancial exposure to the risks presented by Natasha’s proposal. She has suggested that they should form a legal entity in order to develop and stage the production. Although she has not ruled out collaborations in the future, Maria is unsure whether her commitment will extend beyond this particular project. Other than providing fi nance and taking a reasonable fi nancial return, Maria is not willing to get involved in the project itself.
Required:
Discuss the advantages and disadvantages of the alternative business forms that could be adopted by Natasha and Maria. (10 marks)
问答题(b) Explain how the powers and accountabilities of a sole executive body of a company limited by shares are determined. (5 marks)
问答题(b) explain the meaning and effect of endorsement. (6 marks)
问答题In relation to partnership law, explain the requirement that the business of the partnership must be carried on for the joint benefit of all the partners. (10 marks)