问答题In the context of corporate governance, explain the rules relating to the appointment, duties and powers of a company secretary in a public limited company. (10 marks)

问答题In relation to the law of tort, discuss the following statement: ‘The victim of a tortious act can only claim for the type of damages which are reasonably foreseeable by a reasonable man.’ (10 marks)

问答题(c) Explain the consequences of accepting an offer with modifications to some of its terms. (3 marks)

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

问答题Androulla took a dress to be cleaned at Marios’ Dry Cleaners. Before accepting the dress, Marios asked Androulla to sign a contract, which contained a disclaimer for all damage of any kind. Androulla signed the contract without reading its terms. When Androulla picked up her dress a week later, she discovered that the dress was stained. Required: Advise Androulla. (10 marks)

问答题In relation to employment law, describe the general rights and obligations of an employee and an employer under the Labour Code. (10 marks)

问答题Brian is Paul’s father. In January this year, Paul orally agreed with Brian to decorate Brian’s apartment at cost. Subsequently, they signed a written agreement, which reflected all the terms that they had agreed. In April, Paul completed the decoration. However, Brian has refused to pay to Paul the cost. Required: In relation to contract law, advise Paul as to whether he can commence legal action against Brian to recover the cost. (10 marks)

问答题In relation to close companies law, explain the fiduciary duties and duties of care and skill owed by the members to their company. (10 marks)

问答题(c) implied terms. (4 marks)

问答题Explain the fi duciary duties owed by directors to their companies. (10 marks)

问答题Vavaki Vahombe (Pvt) Ltd is a building and construction company operating from a number of sites in Harare. At one such site in the suburb of Hatcliffe there is a signposted warning in bold letters at the front gate of a very dilapidated two storey house where extensive renovations are taking place. The warning reads ‘This building site is private property, no unauthorised persons will be allowed entry, liability will not be accepted by the builders or owners for any injuries sustained by trespassers …’ One wet afternoon, Aimless Murombo decided to seek shelter from the gushing winds and rain in one of the rooms on the ground floor of the building after having sneaked in unnoticed. Due to the poor state of the building some bricks fell on him and he sustained severe injuries all over the body. He comes to you for advice as to whether or not the builders are liable for the personal injuries he sustained. Required: Advise Aimless Murombo on the issue of the liability of Vavaki Vahombe (Pvt) Ltd for his personal injuries. (10 marks)

问答题(b) Explain the procedure for the registration of a private company. (5 marks)

问答题(b) the duty to mitigate losses. (3 marks)

问答题Under the articles of association of Dundas Ltd, a farming company, the directors of the company require the consent of the general meeting by an ordinary resolution to borrow sums of money in excess of R100,000. The other articles are in the form of Table A. John has been appointed managing director of the company and he holds 1% of the issued shares of the company. Without seeking the approval of the members as required by the articles, John entered into a contract worth R200,000 with Farm Machinery Ltd to buy some agricultural machinery for use by Dundas Ltd in its farming operations. However, John holds shares in Farm Machinery Ltd, which subsequently paid him a personal commission of R20,000. Smart is the company secretary of Dundas Ltd. He hired a car from Superb Cars Ltd telling them that the car was being rented for company business. Smart asked Superb Cars Ltd to deliver the car to his home address, which they did. Smart then used the car for private purposes and has now disappeared without paying the hire charge. Required: Advise the directors of Dundas Ltd whether: (a) they are bound by the agreement with Farm Machinery Ltd and Superb Cars Ltd; and (5 marks) (b) Dundas Ltd has any claim on the commission paid to John. (5 marks)

问答题(b) identify the money-laundering prevention requirements for NBFCs. (5 marks)

问答题(b) Chip, for not selling the pottery to him.

问答题(b) The circumstances under which the court may be called upon to wind up a company. (6 marks)

问答题(c) shadow directors. (4 marks)

问答题(b) Describe the duties, powers and responsibilities of the head of the committee for management and liquidation of assets. (3 marks)

问答题Best Foods (Private) Limited (‘BFL’) is a company authorised by the objects clause of its memorandum of association to solely engage in the business of food processing. To enhance the profits of the company, the board of directors of BFL are considering importing energy drinks and distributing and selling them in Pakistan. BFL’s shareholders have asked the board of directors to explain whether the company is authorised to undertake the business of importing, distributing and selling energy drinks as proposed. The board of directors have approached you for advice. Required: In view of the provisions of the Companies Ordinance, 1984, analyse and explain whether BFL can undertake the proposed business. (10 marks)