问答题(b) explain a bailee’s ‘duty of care’ regarding the bailed goods. (6 marks)

问答题(b) the circumstances under which both a private and a public company can reduce its capital and the procedure to be followed. (6 marks)

问答题In relation to the sources of law in the Hong Kong Special Administrative Region, discuss the following: ‘The doctrine of precedent has the advantages of maintaining the consistency and the flexibility of the case law system at the same time.’(10 marks)

问答题(c) whether the resolution to appoint Abu as a director could be challenged on any ground, presuming that the AGM had been validly convened. (4 marks)

问答题Ali entered into the following contracts with Syarikat Buildwell & Co (Buildwell), a firm dealing in realty and construction: (a) A contract to purchase a piece of land from Buildwell at a price of RM10,000, a price very much below the market price. (5 marks) (b) A contract for the lease of an office building at a price of RM1,500 per month, a price which reflects the current market rate. The term of the lease is stated as ‘for as long as the lessee wishes’. (5 marks) Buildwell now refuses to complete the contract for the sale of the land on the ground that the price is too low. Further it refuses to proceed with the grant of the lease claiming that the contract is not valid. Required: Advise Ali on the legal position in respect of the aforementioned contracts, (a) and (b). Note: the mark allocation is shown against each contract. (10 marks)

问答题(d) debentures. (2 marks)

问答题State and explain the rules that govern the interpretation of statutes in Botswana. (10 marks)

问答题Vinh has inherited a substantial sum of money from his father and is considering various investments. A business colleague has suggested that company shares and bonds offer attractive long-term growth opportunities as well as a regular income. Vinh has been offered shares in ABC Company. However, although the price is attractive, the shares are ‘partly paid’ and the company operates in the volatile technology sector. Vinh is also considering shares in the rapidly growing JKL Company but is concerned that the nominal value of the shares is one-quarter of the current market price. Vinh’s business colleague suggests that this is nothing to worry about as the difference in price can be recovered from the company. Lastly, Vinh is considering bonds issued by XYZ Company, which offer a fixed rate of interest. However, Vinh is concerned that the return on the bonds does not appear to be as attractive as the shares that are available. Required: Explain the legal characteristics of the three alternative investments that should be considered by Vinh as a prospective investor. (10 marks)

问答题Serena is a non-executive director of two companies, Lotsamunny Bhd, a large public company and Minibiz Sdn Bhd, a small private company which has only five shareholders. Serena urgently requires a loan of RM150,000, partly for meeting medical expenses of her mother, who requires an urgent operation, and partly to finance the purchase of a car for her husband. Serena is contemplating obtaining a loan from either of the two companies. Required: Advise Serena as to the legality of such a loan under the Companies Act, 1965 and whether your answer would differ if Minibiz Sdn Bhd is an exempt private company. (10 marks)

问答题(b) Assuming that the auditors were negligent, advise Andrew as to whether he can recover his loss from the auditors. (5 marks)

问答题Alvin runs a business selling expensive cars. Last Monday he mistakenly placed a notice on one car indicating that it was for sale for ￡5,000 when in fact its real price was ￡25,000. Bert later noticed the sign and, recognising what a bargain it was, immediately indicated to Alvin that he accepted the offer and would take the car for the indicated amount. Alvin, however, told Bert that there had been a mistake and that the true price of the car was ￡25,000. Bert insisted that he was entitled to get the car at the lower price, and when Alvin would not give it to him at that price Bert said that he would sue Alvin. After Bert had left, Alvin changed the price on the car to ￡25,000 and subsequently Cat came in and said she would like to buy the car, but that she would have to arrange finance. On Tuesday Del came by and offered Alvin the full ￡25,000 cash there and then and Alvin sold it to him. Required: Advise Alvin, Bert, Cat and Del as to their rights and liabilities in the law of contract. (10 marks)

问答题(c) CIF. (4 marks)

问答题(b) state the remedies available in relation to a successful claim for unfair dismissal. (5 marks)

问答题In relation to employment law, explain the provisions of the Labour Code in respect of fixed-term labour agreements. (10 marks)

问答题(b) third party rights. (5 marks)

问答题(b) the most likely remedy which the court may order against him (Umar) in favour of Ramu for breach of contract in relation to the sale of the motorcar. (5 marks)

问答题Kompieno (Pty) Ltd was a private company which carried on business in Francistown as a retailer of books. The company was the wholly-owned subsidiary of Kudu Ltd which carries on business in Gaborone. Kudu Ltd is a book publisher and the main supplier of books to Kompieno (Pty) Ltd. Kompieno (Pty) Ltd suffered a severe fall in profi tability, following which Kudu Ltd had to inject substantial capital in order to ensure the continuing solvency of the company. Despite these injections of capital, Kompieno (Pty) Ltd continued to suffer fi nancial diffi culties. In consequence, the company was placed under insolvent liquidation by the High Court in Francistown. Kudu Ltd has now received demand for payment from a number of Kompieno (Pty) Ltd’s creditors who argue that, as Kompieno (Pty) Ltd was the wholly-owned subsidiary of Kudu Ltd, the latter company is liable to pay the debts of its subsidiary in full. Required: Advise Kudu Ltd on whether or not it can be liable to pay the debts of Kompieno (Pty) Ltd. (10 marks)

问答题State and explain the essential elements of a valid contract. (10 marks)

问答题(b) loan capital. (5 marks)

问答题(b) the circumstances in which the corporate veil may be lifted. (6 marks)