问答题(b) defi ne and distinguish between a ‘fi xed charge’ and a ‘fl oating charge’. (6 marks)

问答题(c) State whether the building should be transferred to Investment Co because of the failure by Dongda to repay the principal and interest. (4 marks)

问答题X & Co acts as the statutory auditors of Easy Ltd, a company that provides bridging finance in the building sector. The directors of Easy Ltd appointed Frank as the company’s financial manager. It subsequently came to light that Frank had previously served a prison sentence for theft and embezzlement. During the past financial year Frank forged the signature of one of the company’s directors on several of the company’s cheques and managed to steal a substantial amount of the company’s money. Although X & Co conducted its usual audit of Easy Ltd’s financial records, it failed to discover the theft and forgery. The directors of Easy Ltd maintain that X & Co did not conduct the audit with reasonable care. Required: Advise Easy Ltd on the feasibility of a claim against the company’s auditors. (10 marks)

问答题Jim is a building contractor. Bob is a builder who works for Jim under a contract of service. Bob is currently engaged in the building works of a multi-storey building, which Jim undertook to erect. Dave is a truck-driver who agreed to provide services to Jim for this particular construction work. Although it is Jim’s responsibility to instruct Dave as to what work needs to be done, Dave is responsible for providing his own machinery and his own assistants. (a) While Bob was working on the multi-storey building, the scaffolding on which he was standing collapsed and Bob fell on the ground. Bob was not wearing the protective helmet, which had been provided by Jim to all the builders. Bob suffered a serious head injury. (b) While Dave was working at the building site, he negligently left one of his trucks switched on and unattended. The truck rolled away from the building site and smashed into Alice’s house, which was right across the street. Alice’s house suffered extensive damage. Required: Advise Jim as to his legal liability in respect of (a) and (b) above. (10 marks)

问答题(b) state any remedies which may be available to those who have been made redundant. (4 marks)

问答题In relation to Lesotho’s legal system, explain what is meant by the phrase ‘common law of Lesotho’ and the extent to which it is a source of corporate and business law. (10 marks)

问答题In relation to the law of contract, explain exemption clauses and how they are regulated by the courts. (10 marks)

问答题(b) the tort of ‘passing off’; (5 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 2008 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)

问答题In January 2008 Arti, a Belgian wholesaler of industrial chemicals, entered into a contract to supply Bo, a Danish manufacturer, with 1,000 tonnes of sulphuric acid to be delivered by 30 June 2008. Arti despatched the acid by ship on 20 June to ensure it would be delivered to Bo on time and sent the bill of lading to Bo. However, on 29 June and before the acid had been delivered, Arti received a telex from Bo stating that he no longer needed the acid and would not be going through with the contract. Required: Advise Arti as to what action he can take under the UN Convention on Contracts for the International Sale of Goods, paying particular attention to the effect of Article 71 of the Convention relating to anticipatory breach of contract. (10 marks)

问答题(b) Advise James of the procedure he must follow in order to resign from his post with Create Limited. (3 marks)

问答题(b) issuing shares at a discount. (5 marks)

问答题(d) state the reasons why judicial interpretations are needed in the current Chinese legal system. (4 marks)

问答题(b) Assuming that the shareholders of Diamondtec (Pvt) Ltd decide to preempt proceedings by the creditors of the company by opting for the voluntary liquidation of the company, in relation to company law, explain the following: (i) The circumstances in which the company may be wound up voluntarily. (2 marks) (ii) The effect of voluntary winding up on the business and status of the company. (2 marks)

问答题(b) With reference to the legal characteristics of these types of security, explain the risks that Thanh should consider before taking his decision. (4 marks)

问答题In relation to the sources of law in the Hong Kong Special Administrative Region (‘the HKSAR’), discuss the following: ‘While statutory law is made by the Legislative Council, it is case law that gives meaning to the words of statutory law.’ (10 marks)

问答题In relation to company law, discuss the rule in Royal British Bank v Turquand (1856). (10 marks)

问答题In the context of employment law, state how the courts decide whether someone is self-employed or is an employee. (10 marks)

问答题In relation to the law of delict, explain the principle of causation. (10 marks)

问答题In relation to the legal system, explain the importance of the Constitution of South Africa. (10 marks)