问答题With reference to the Partnership Act 1961, explain FIVE ways by which a partnership may be dissolved. (10 marks)
问答题In relation to the legal system of Cyprus, explain the main functions of the Constitution of Cyprus. (10 marks)
问答题(b) The creation of an agency relationship by:
(i) Agreement; and (3 marks)
(ii) Necessity. (4 marks)
问答题(b) What rights the partnership may have with respect to the ‘Barnes contract’. (5 marks)
问答题(b) Explain the provisions of the Civil Code in respect of the matters that can only be decided by the shareholders of a limited liability company acting collectively in a general meeting. (5 marks)
问答题(b) Describe the various kinds of ‘tort’. (8 marks)
问答题(b) describe what accounting records will have to be produced and maintained by a company. (6 marks)
问答题(b) Explain the provisions of the Civil Code in respect of invalid civil contracts. (5 marks)
问答题Explain the concept of corporate governance in the context of both public and private companies. (10 marks)
问答题In relation to agency law, describe the various duties placed on each of the parties to an agency agreement. (10 marks)
问答题(b) Explain whether the liquidator can take any action in respect of the loan that was repaid one month before the insolvency procedure commenced. (4 marks)
问答题(b) explain the tests that have been developed by the courts to determine whether a contract of service has come into existence. (6 marks)
问答题(b) the powers of the courts to control such delegated legislation. (3 marks)
问答题(b) Explain how the doctrine of binding judicial precedent operates. (5 marks)
问答题In relation to the law of partnership, discuss the liability of a retired partner for the debts of the partnership incurred both before, and after, his retirement. (10 marks)
问答题In relation to the law of negligence, explain the extent of a company auditor’s duty of care; and to whom any such duty is owed. (10 marks)
问答题In relation to the legal system of Cyprus, explain the operation and jurisdiction of the Supreme Court. (10 marks)
问答题(b) The rule governing remoteness of damage. (5 marks)
问答题(c) Explain TWO restrictions on the alteration of the memorandum of association. (4 marks)
问答题Karibo Ltd is a small company with an issued share capital of R100,000 divided into 100,000 shares of R1 each. It has 50 shareholders. Samuel is the managing director of Karibo Ltd.
Graphics Ltd, another small company, found out that Karibo Ltd is about to award a five-year contract for the maintenance of its office premises. Graphics Ltd approached Samuel, and offered him what they describe as a facilitation fee of R5,000, to ensure that the contract is awarded to Graphics Ltd.
At the next board meeting, Samuel convinces the other directors that awarding the maintenance contract to Graphics Ltd is in the long-term interest of Karibo Ltd and the contract is awarded to Graphics Ltd.
At the same board meeting, Samuel also informs the board that Marico Ltd, a competitor, is contemplating taking over Karibo Ltd and that a majority of the existing shareholders might be willing to sell their shares to Marico Ltd if they are offered a good price.
In order to prevent it, the board decides to issue additional shares to the directors and make each of the new shares carry ten votes each. The existing shares carry one vote per share.
Thomas, an ordinary shareholder in Karibo Ltd, has found out about the facilitation fee to Samuel and the decision to allot weighted shares to the directors.
Required:
Advise Thomas, whether any action can be taken against Samuel in respect of the facilitation fee, and on the legality of the weighted share allotment. (10 marks)
