问答题Boitumelo, a qualified engineer, was a managing director of Molapo Ltd. The company was engaged in the business of offering certain engineering services to low cost housing development companies in Gaborone. Boitumelo had in the past successfully acquired several such contracts for Molapo Ltd. While negotiating another such contract with Savuti (Pty) Ltd, Boitumelo was informed by the board of directors of Savuti (Pty) Ltd that they had no desire to do business with Molapo Ltd but would be prepared to offer the contract to Boitumelo in her personal capacity. As a result, Boitumelo resigned as managing director of Molapo Ltd and accepted the offer from Savuti (Pty) Ltd.
Required:
Explain whether Molapo Ltd would be entitled to claim from Boitumelo the benefits that accrued to her under her contract with Savuti (Pty) Ltd. (10 marks)
问答题(b) distinguish between shares and debentures. (7 marks)
问答题(b) customary law. (5 marks)
问答题In relation to company law, explain what is meant by ‘corporate governance’ and explain its significance for the board of directors of a public company in Lesotho. (10 marks)
问答题Fastgrow Joint Stock Company is seeking to raise additional equity fi nance. The board of management is negotiating with Hai, a wealthy investor, in the hope that he will purchase new shares in the company.
Hai has expressed an interest in this investment but has insisted on several conditions. He wants to be guaranteed a position on the board of management for a minimum of three years. He also wants the board of management to sign an undertaking that he will be paid a minimum annual return on his shares of 6%. Hai has specifi ed that all dividends paid must be remitted in US dollars, directly to his offshore bank account.
Required:
Discuss the extent to which Fastgrow will be able to meet Hai’s demands. (10 marks)
问答题Explain the doctrine of separate personality and its consequences in company law. (10 marks)
问答题(c) explain the civil liabilities of the controlling shareholder for the damage of the company through affiliate trading. (4 marks)
问答题In relation to negligence in the law of delict, explain the meaning of ‘duty of care’. (10 marks)
问答题(b) WTO. (5 marks)
问答题(b) Explain, and illustrate using relevant examples, what constitutes ‘constructive dismissal’. (4 marks)
问答题(b) Explain the circumstances in which an individual may lawfully avoid the adverse consequences of failing to fulfil a civil obligation. (3 marks)
问答题(b) Describe the differences between a legal person and a partnership, in terms of their capacity for civil rights and the right toward the property of a legal person or partnership. (6 marks)
问答题In relation to the law of agency, explain the ways by which an agency may come into existence. (10 marks)
问答题(b) Explain whether any criminal offences relating to money laundering may have been committed by Nit, Owen and Pat.(4 marks)
问答题In terms of the Employment and Industrial Relations Act, 2002, explain the rights afforded to employees to ensure due payment and receipt of their wages. (10 marks)
问答题(c) Explain what is meant by a ‘conditional contract’. (3 marks)
问答题(b) state and explain TWO sources of ‘written’ law and TWO sources of ‘unwritten’ law. (8 marks)
问答题Hugo had been a lawyer in practice before he joined Property Limited as a director of the company five years ago. The business of the company is about property investments.
Last month, Hugo signed a document of the company without reading it. The document was in fact a contract and related to the selling of an asset of the company to another contracting party.
By reason of a typing mistake, the selling price of the asset was wrongly stated in the contract as $2,000,000 when the correct price should be $3,000,000. The company has suffered loss as a result.
Required:
In relation to company law, advise Hugo as to whether he is liable for the loss suffered by the company. (10 marks)
问答题(b) the circumstances under which separate personality will be ignored. (4 marks)
问答题In terms of the Employment and Industrial Relations Act, 2002, discuss the circumstances in which the regulations on the transfer of business are to apply, and explain the procedure to be followed in such a case. (10 marks)