问答题(b) Explain, and illustrate using relevant examples, what constitutes ‘constructive dismissal’. (4 marks)
问答题(b) Explain the circumstances in which an individual may lawfully avoid the adverse consequences of failing to fulfil a civil obligation. (3 marks)
问答题(b) Describe the differences between a legal person and a partnership, in terms of their capacity for civil rights and the right toward the property of a legal person or partnership. (6 marks)
问答题In relation to the law of agency, explain the ways by which an agency may come into existence. (10 marks)
问答题(b) Explain whether any criminal offences relating to money laundering may have been committed by Nit, Owen and Pat.(4 marks)
问答题In terms of the Employment and Industrial Relations Act, 2002, explain the rights afforded to employees to ensure due payment and receipt of their wages. (10 marks)
问答题(c) Explain what is meant by a ‘conditional contract’. (3 marks)
问答题(b) state and explain TWO sources of ‘written’ law and TWO sources of ‘unwritten’ law. (8 marks)
问答题Hugo had been a lawyer in practice before he joined Property Limited as a director of the company five years ago. The business of the company is about property investments.
Last month, Hugo signed a document of the company without reading it. The document was in fact a contract and related to the selling of an asset of the company to another contracting party.
By reason of a typing mistake, the selling price of the asset was wrongly stated in the contract as $2,000,000 when the correct price should be $3,000,000. The company has suffered loss as a result.
Required:
In relation to company law, advise Hugo as to whether he is liable for the loss suffered by the company. (10 marks)
问答题(b) the circumstances under which separate personality will be ignored. (4 marks)
问答题In terms of the Employment and Industrial Relations Act, 2002, discuss the circumstances in which the regulations on the transfer of business are to apply, and explain the procedure to be followed in such a case. (10 marks)
问答题(b) money laundering. (5 marks)
问答题(b) the duties of company auditors. (5 marks)
问答题In relation to the law of contract, state and explain the circumstances under which an individual or entity that is not a party to a contract can enforce the obligations under the contract. (10 marks)
问答题Sven, Trudi, Uri and Viktor are four business colleagues who have been running a successful business in Scandinavia for several years. Their company operates a chain of retail outlets that sell premium teas and coffees, with high quality, healthy lunches and dinners. They now wish to introduce their business model to large cities in Russia.
All four colleagues have agreed that they do not wish to expose their personal assets to risk but are prepared to make substantial personal investments to capitalise the new business. They are unsure of the best business form to adopt. Sven and Trudi favour the flexibility offered by the partnership form but acknowledge that the business has the potential to grow very rapidly which may create a need for external capital. Uri and Viktor are highly ambitious and see their business as eventually becoming a major recognised brand throughout Europe, enabling them to accumulate wealth for themselves and their children.
All of them agree that it will be inevitable that new investors will be needed eventually. They wish to control the business but do not have concerns about bringing in outside participants should this become necessary.
Required:
Explain the alternative business forms that should be considered for the new enterprise, identifying their legal characteristics and the relevance of these to the investors. (10 marks)
问答题In relation to employment law, discuss the protection of employees against unfair discrimination. (10 marks)
问答题Ali, Asad and Ameer have been carrying out an auto-parts business for the last seven years under a partnership arrangement in which the initial capital was contributed equally by them. They were jointly responsible for the management and all liabilities of the firm were shared equally by them. Now they want to convert their business arrangement from a partnership to a private company limited by shares in which Ali, Asad and Ameer shall hold 50%, 30% and 20% of the shares respectively.
Required:
Advise the three partners whether they can convert their partnership arrangement into a private company limited by shares and, what effect will this change in the percentage balance of ownership have on their liabilities. (10 marks)
问答题(b) Explain the role and duties of the tabulation commission. (4 marks)
问答题(b) Explain the elements which must be established by a plaintiff in order to succeed in an action in the tort of negligence. (6 marks)
问答题(b) reversing, overruling and distinguishing. (5 marks)
