问答题Gilt Ltd is a small company with an issued share capital of 100,000 ￡1 shares held by 100 members. Harry, the managing director of Gilt Ltd, has been approached by Itt plc in respect of its making a takeover bid for Gilt Ltd. Itt plc has given Harry what is described as a facility fee of ￡50,000 for ensuring that the takeover is successful. At the next board meeting Harry convinces the other directors that the take-over bid is in the long-term interest of Gilt Ltd, but they are concerned that the holders of the majority of the issued share capital will not approve of the takeover. In order to ensure the success of the takeover, the directors of Gilt Ltd agree that they should allot suffi cient new shares to Itt plc to ensure that a new majority of members will support the takeover. After the allocation of the shares to Itt plc a general meeting is called to consider the takeover and it is approved, with Itt plc voting in favour. May, a substantial shareholder in Gilt Ltd has subsequently found out about the actions of Itt plc, Harry and the other directors. Required: Advise May as to the legality of the share allotment and as to what action can be taken against Harry. (10 marks)

问答题(b) Advise on the actions that Pham can take to obtain full information on Trung’s transactions and minimise any personal obligations that arise from the partnership. (5 marks)

问答题(c) Explain how a power of attorney may be terminated. (4 marks)

问答题(b) the extent to which she can claim damages from Jabulani. (5 marks)

问答题In relation to the legal system, explain the significance of the Southern African Customs Union for business in Lesotho. (10 marks)

问答题(b) Advise whether the auditors would owe a duty of care to Money Bank if the auditors gave the report to them directly with the knowledge that the Bank would rely on the report to determine the granting of the Loan. (5 marks)

问答题In relation to the Insider Dealing and Market Manipulation (Market Abuse) Law 116(I)/2005, explain the meaning and legal regulation of insider dealing. (10 marks)

问答题(c) wrongful dismissal. (2 marks)

问答题(c) the ways in which intervening acts or events may break the chain of causation (the doctrine of novus actus interveniens). (4 marks)

问答题In relation to the law of contract, explain what is meant by the ‘postal rule’ and the circumstances when it does NOT apply. (10 marks)

问答题(b) State and explain the compulsory clauses in the memorandum. (6 marks)

问答题Explain and illustrate the legal effect of the memorandum and articles of association of a company. (10 marks)

问答题In relation to partnership law, explain how partnerships are established. (10 marks)

问答题In January 2008 Arti entered in a contractual agreement with Bee Ltd to write a study manual for an international accountancy body’s award. The manual was to cover the period from September 2008 till June 2009, and it was a term of the contract that the text be supplied by 31 June 2008 so that it could be printed in time for September. By 30 May, Arti had not yet started on the text and indeed he had written to Bee Ltd stating that he was too busy to write the text. Bee Ltd was extremely perturbed by the news, especially as it had acquired the contract to supply all of the accountancy body’s study manuals and had already entered into extensive preliminary expenses in relation to the publication of the new manual. Required: In the context of the law of contract, advise Bee Ltd whether they can take any action against Arti. (10 marks)

问答题Hypervama Holdings Ltd runs a food supermarket, called Hypervama Supermarket, in Maseru. It employed Mr Smith as a buying manager of Hypervama. He was specifically told at any time he wished to order goods exceeding R20,000, he must obtain a signed purchase order from the finance director of the company. The finance director is his immediate boss. While the finance director was away overseas and inaccessible, Mr Smith ordered butter worth R100,000 from the Butter Company, because the stock of butter was running low, New Year was approaching and he wanted to avoid the New Year rush. He thought it would certainly impress his boss. The lorry carrying butter broke down on the way and by the time it was repaired, all the butter had melted. After the lorry was repaired, the boxes containing the butter were duly delivered to Hypervama. Mr Smith accepted the delivery and signed the delivery note without examining the contents of the boxes. However, when the boxes were opened, the butter was found to be unfit for human consumption and had to be thrown away. When the finance director came to know that Mr Smith ordered the butter worth R100,000 without his prior authorisation, he refused to pay the Butter Company saying that Mr Smith should pay the amount out of his own pocket. Required: In the context of the law of agency, advise Hypervama and the Butter Company. (10 marks)

问答题(b) Explain whether Khanh has entered into a legally binding contract with Suong and/or Ngoc. (5 marks)

问答题State the fi nancial reporting requirements under the Code of Corporate Governance. (10 marks)

问答题(b) Define the term ‘del credere agent’ and explain the role of a del credere agent who participates in a contract of commission arrangement. (3 marks)

问答题(b) Evaluate the alternative courses of action proposed by the lender. (5 marks)

问答题In relation to the Botswana legal system, explain the rules and presumptions used by the courts in interpreting statutes. (10 marks)