问答题Chi, Di and Fi formed an ordinary partnership to run an art gallery. Each of them paid €100,000 into the business. As Fi had no prospect of raising any more money it was agreed between them that her maximum liability for any partnership debts would be fi xed at her original contribution of €100,000. The partnership agreement specifi cally restricted the scope of the partnership business to the sale of ‘paintings, sculptures and other works of art.’ In January 2010 Chi took €10,000 from the partnership’s bank drawn on its overdraft facility. She had told the bank that the money was to fi nance a short-term partnership debt but in fact she used the money to pay for a holiday. In February Di entered into a €25,000 contract on behalf of the partnership to buy some books, which she hoped to sell in the gallery.
Required:
Advise Chi, Di and Fi as to their various rights and liabilities in relation to the operation of the business under partnership law. (10 marks)
问答题(b) explain the steps that a retiring partner may take to protect himself from liability for future debts of the partnership. (6 marks)
问答题Discuss the legal requirements for forming a partnership under the Partnership Proclamation 1957. (10 marks)
问答题(c) State SIX circumstances in which the court may NOT grant specifi c performance of a contract. (6 marks)
问答题Explain the essential characteristics of a partnership as defined in the Partnership Act 1961. (10 marks)
问答题(b) an acceptance and a counter-proposal (counter-offer). (5 marks)
问答题In relation to the legal system, explain what the constitutional control of legislation is. (10 marks)
问答题Errol is the only member of Frankfurter CC. Due to the unfavourable economic climate Frankfurter CC has incurred substantial debts. The corporation owes its bank a substantial sum on overdraft. Some of the creditors are now complaining that Errol failed to disclose the corporation’s terrible situation when Errol placed further orders with them. The creditors also allege that Frankfurter CC’s business has been carried on recklessly.
Required:
Discuss whether Errol can be held personally liable for Frankfurter CC’s debts. (10 marks)
问答题(c) his debentures. (4 marks)
问答题(b) state the time limit for such an extraordinary general shareholders’ meeting to be held. (2 marks)
问答题(c) state how the court should deal with the claim brought by Mr Lee for damages against villagers because some of the trees in the land were destroyed by villagers in digging coal. (4 marks)
问答题(b) pre-incorporation contract. (5 marks)
问答题Explain FIVE advantages of incorporating a company under the Companies Act 1965, as opposed to other forms of business organisation. (10 marks)
问答题(b) What Flame Lily Industries must establish for the court to appoint a provisional judicial manager. (3 marks)
问答题(b) the defence of contributory negligence. (4 marks)
问答题(b) Explain the provisions of the Law on Enterprises in respect of maintaining a register of shareholders. (4 marks)
问答题In relation to management and administration of a shareholding company, explain the rights and duties of the general meeting. (10 marks)
问答题(ii) the Industrial Relations Ordinance, 2002. (5 marks)
问答题(c) his debentures. (4 marks)
问答题Ham, Sam and Tam formed a partnership to run a petrol station. The partnership agreement expressly stated that the partnership business was to be limited exclusively to the sale of petrol.
In January 2007 Sam received £10,000 from the partnership’s bank drawn on its overdraft facility. He told the bank that the money was to finance a short-term partnership debt but in fact he used the money to pay for a round the world cruise. In February Tam entered into a £15,000 contract on behalf of the partnership to buy some used cars which he hoped to sell from the garage forecourt. In March the partnership’s bank refused to honour its cheque for the payment of its monthly petrol account, on the basis that there were no funds in its account and it had reached its overdraft facility.
Required:
Advise Ham, Sam and Tam as to their various rights and liabilities in relation to partnership law. (10 marks)
