问答题(b) explain any FOUR duties of the audit committee, as recommended under the Code. (6 marks)

问答题The Malaysian Code on Corporate Governance recommended, among other things, the establishment of audit committees for public listed companies and these recommendations have been incorporated into the Bursa Malaysia Listing Requirements. Required: State the composition of the audit committee and any FIVE of its functions. (10 marks)

问答题(b) State TWO advantages of having a hierarchy of courts. (2 marks)

问答题(b) state whether proposed resolution (ii) on placing the shares as a pledge for a loan was in conformity with the law. (5 marks)

问答题On 1 June 2010, the court accepted jurisdiction over a petition to commence bankruptcy proceedings against JKL Company. Earlier in the year, JKL Company entered into the following transactions: On 1 February, it took out a loan of 800 million dong, secured on its warehouse and offi ces. On 1 May, the company redeemed a loan of 500 million dong that had been supported by a guarantee given by members of the board of management. On 25 May, it announced that 25 long-standing employees would be made redundant in order to reduce costs. All of these employees were entitled to severance payments but at the time of the liquidation the payments had not been made. On 28 May, BCD Company despatched goods ordered by JKL Company subject to 30 days credit. These goods were still in transit on 1 June. In the course of the liquidation proceedings, it was estimated that the actual value of the warehouse and offi ces was 100 million dong less than the value of the loan secured on these premises. Required: Examine the consequences of the liquidation of JKL Company for the parties involved in these transactions. (10 marks)

问答题(b) the defence of contributory negligence. (4 marks)

问答题Caroline is a member of Diamond Fitters CC. She has a 40% members’ interest in the close corporation. The remainder of the members’ interests is held in equal shares by Eddy and Frank. There is no association agreement in existence between her and the other members. The main asset of the close corporation is a jewellery shop in Johannesburg. Eddy and Frank want to sell the shop and apply for a mortgage loan for an even bigger jewellery warehouse in Cape Town. Caroline is not at all in favour of this. Required: Advise Caroline on her legal position. (10 marks)

问答题(c) Explain the alternative outcomes of the observation process. (4 marks)

问答题(c) state the statutory requirement for capital contributions by the sponsors of a joint stock limited company that is incorporated by means of sponsorship. (3 marks)

问答题In relation to the management and administration of companies limited by shares:

问答题Bob wishes to buy a sports car. Bob’s father, Andrew, promises to Bob that he will pay for any car Bob chooses up to the amount of EUR 20,000. Catherine, who is a car-dealer, reassures Bob that the second-hand Corvette which is on sale in her show room is only six years old. Bob agrees with Catherine to buy the Corvette for EUR 20,000 which Bob promises shall be paid to Catherine by Andrew. Bob takes the car but Andrew refuses to pay any amount to Catherine. Bob later discovers that his newly bought Corvette is in fact 10 years old. Required: Advise Andrew, Bob and Catherine as to their legal rights and obligations in the above scenario. (10 marks)

问答题(b) lawful and unlawful dismissal. (5 marks)

问答题In relation to employment law, explain the meaning of redundancy and the rules which govern it. (10 marks)

问答题In relation to company law in Zimbabwe, explain the main statutory books, records and returns that companies must keep or make. (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 30 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In relation to the law of contract, discuss the concept of ‘consideration’. (10 marks)

问答题In October 2008 Miss Kin borrowed RM3,000 from Kah Yah. Miss Kin promised to repay the loan within three months. However, she was unable to repay the full amount. After some negotiation in February of this year, Kah Yah agreed to accept RM1,000 from Miss Kin in full settlement of the debt. Miss Kin promptly paid the amount of RM1,000 to Kah Yah. However, much to her surprise, Miss Kin has just received a letter from Kah Yah demanding the balance of the loan, amounting to RM2,000. Required: Advise Miss Kin on the validity of Kah Yah’s claim for the balance of RM2,000. (5 marks)

问答题(d) by necessity. (3 marks)

问答题(b) conditions, warranties and innominate terms. (6 marks)

问答题In relation to the doctrine of precedent in Lesotho’s legal system, explain and distinguish between ratio decidendi and obiter dicta. (10 marks)