问答题(b) Explain the importance of the distinction between contracts of service and contracts for services. (3 marks)
问答题In the context of the UN Convention on Contracts for the International Sale of Goods, explain the obligations relating to price placed on the buyer. (10 marks)
问答题In relation to the law of delict, explain the meaning of a delict. (10 marks)
问答题In terms of the Companies Act, 1995, distinguish between a private limited liability company and a private exempt limited liability company. (10 marks)
问答题In relation to the legal system, explain the impact of human rights law on statutory interpretation. (10 marks)
问答题In relation to employment law, explain the various ways in which a contract of employment may be terminated. (10 marks)
问答题Hassan Textile Mills Limited (‘HTML) is in the process of expansion to finance and has requested a loan facility of rupees 5,000,000 from Barons Bank (‘Bank’). As a security for the requested loan facility, HTML has offered to create an unregistered charge in the Bank’s favour on the entire stock of cotton bales in HTML’s warehouse. The extension of this loan facility is under consideration by the Bank’s management. You have been approached by the Bank’s management for advice.
Required:
Under the Companies Ordinance, 1984, advise the Bank with regard to the creation of charges over a company’s assets. (10 marks)
问答题(b) the circumstances under which a company can reduce its capital and the procedure to be followed. (6 marks)
问答题(b) Legislation. (4 marks)
问答题(c) state FOUR deductions which may be made from wages permitted under the Act. (4 marks)
问答题Goal Ltd is a property development company. Before its incorporation 12 months ago, its business was carried out by Hope, as a sole trader. On the formation of Goal Ltd, Hope expanded the business by asking three of his business contacts to supply additional capital in return for which they, together with Hope, became its directors. Although never formally appointed, Hope took the role and title of chief executive and the other directors left the day-to-day running of the business to him and were happy simply to receive feedback from him at board meetings.
Six months ago Hope entered into a contract on Goal Ltd’s behalf with Ima to produce plans for the redevelopment of a particular site that it hoped to acquire. However, Goal Ltd did not acquire the site and due to its current precarious financial position and their fear of potential losses, the board of directors has refused to pay Ima, claiming that Hope did not have the necessary authority to enter into the contract with her.
Required:
Analyse the situation with regard to the authority of Hope to make contracts on behalf of Goal Ltd, and, in particular, advise the board of directors of Goal Ltd if the company is liable on the contract with Ima. (10 marks)
问答题(c) Explain whether Ho can gain access to the premium paid on the shares in Jet plc.(2 marks)
问答题Cathy was a secretary of ABC Ltd. Last Monday, she was late for the office by five minutes after she got out of bed late that morning. It was the first time that Cathy did not arrive at the office on time. The regulation of the company requires the employees to report for their duties punctually.
To avoid problems, Cathy told the company that it was the traffic congestion that caused her to be late. This did not affect Cathy in the performance of her duties for the company. The company has discovered that Cathy’s explanation of her lateness was a lie.
Required:
In relation to the Employment Ordinance (Cap 57), advise the company as to whether there is any ground for the company to dismiss Cathy summarily. (10 marks)
问答题(b) money laundering. (5 marks)
问答题In relation to governance and ethical issues, explain how the concept of corporate governance has been applied in Zimbabwe. (10 marks)
问答题(b) Other than commencing a legal action, whether there is any other way through which the board of directors may be stopped from passing the resolution. (4 marks)
问答题(b) explain the specifi c meaning and effect of
(i) a counter-offer; (3 marks)
(ii) a unilateral offer. (2 marks)
问答题(b) Explain the circumstances under which a shareholder may demand the redemption of shares, and the procedure for redemption. (4 marks)
问答题In relation to company law, explain the duties owed by directors to their companies. (10 marks)
问答题Under the Contract Act, 1872, explain the rules relating to the assessment and award of damages for breach of contract. (10 marks)