问答题Alexander is the chief executive officer of –OAO- Trade. While driving back from a business meeting to his company’s head office, Alexander lost control of his company car. The car collided with a vegetable stall by the side of the road before hitting the shop front of a restaurant, causing considerable damage to the vegetable stall and the restaurant. The owner of the vegetable stall claimed that the accident destroyed all of his stock, valued at 50.000 roubles. Alexander quickly wrote, signed and dated a note acknowledging that the company would pay 50.000 roubles to the owner of the vegetable stall, which was countersigned by the owner of the vegetable stall. Alexander agreed with the owner of the restaurant that any claim should be submitted to –OAO- Trade in writing. Four days later, –OAO- Trade received a letter from the owner of the vegetable stall claiming that the damaged inventory was worth 75.000 roubles and that it would be claiming this sum from the company. The company also received a letter from the owner of the restaurant claiming 100.000 roubles for the damage to the front of the building, 50.000 roubles to replace furniture destroyed in the accident and 200.000 roubles for business that would be lost in the next three months while the restaurant was being repaired. Required: Discuss the extent to which –OAO- Trade and Alexander personally would be liable in respect of the claims made by the owner of the vegetable stall and the owner of the restaurant. (10 marks)

问答题In relation to company law, explain the major principles and rules that are meant to assist in the preservation of the share capital structure of a company. (10 marks)

问答题In relation to the law of contract, explain what is meant by the doctrine of ‘fictional fulfilment’. (10 marks)

问答题(b) In relation to the UNCITRAL Model Law on International Commercial Arbitration, explain the meaning and significance of statements of claim and statements of defence. (5 marks)

问答题Dina contracted Elias, an interior designer, to help her with the decoration of her new fl at. Dina authorised Elias to purchase black furniture for her dining room, which would cost no more than EUR1.000. Elias ordered a set of black furniture from Chloe’s store and promised to pay EUR1.500 upon its delivery. When the furniture was delivered to Dina’s fl at, Dina discovered that it was brown and refused to pay. Chloe was not aware that the furniture was bought by Elias on behalf of another. Required: Advise Dina, Elias and Chloe as to their legal rights and obligations in relation to agency law. (10 marks)

问答题(b) Discuss how a partnership comes to an end. (5 marks)

问答题(b) State the requirements that have to be fulfilled in order for an agency by ratification to arise. (8 marks)

问答题In relation to the English legal system, explain the main sources of contemporary law. (10 marks)

问答题The board of directors of Sunrise Limited (‘SL’), a public limited company, in their next board meeting plan on authorising: (a) The appointment of TAQ International as its sole distributor for Karachi. Mr Kamal Dawood, who is the managing partner of TAQ International and a director of SL, is the moving spirit behind this. (b) Extension of the repayment time for a loan extended to Mr Kamal Dawood. Required: With reference to company law, explain to the board of directors of SL the procedures for adopting the above plans. (10 marks)

问答题On the advice of his accountant, Mat registered a private limited company to conduct his small manufacturing business in January 2010. One of the reasons for establishing the company was to avoid liability for potential losses. The initial shareholders of the company were Mat, his wife Mary, and her father Norm, who each took 1,000 shares in the company, each with a nominal value of €1. The accountant explained that they did not have to pay the full nominal value of the shares at once, so they each paid only 25 cents per share taken, with the result that they still owed the company a further 75 cents per share to be paid at a later date. When the company was established it became apparent that it needed to borrow money from a bank to finance an expansion in production. To that end Oop bank plc lent the company €20,000 secured by a fixed charge against the land Mat had previously transferred to the company, with an additional personal guarantee from Mat for any further debts owed by the company to the bank. Unfortunately the business has not proved successful and Mat and the other shareholders have decided that it is better to liquidate the company rather than run up any more debts. The current situation is that the company’s land is worth €20,000 and it has further assets to the value of €7,750, but it has debts to business creditors of €10,000 and owes the bank a further €10,000 on its bank overdraft. Required: Explain the rights of the various creditors and the potential liability of Mat, Mary and Norm. (The actual costs of winding up may be ignored.) (10 marks)

问答题Discuss the salient features of the Code of Corporate Governance. (10 marks)

问答题In relation to company law in Zimbabwe, discuss the different ways in which the law, both common law and statute, has attempted to control directors. (10 marks)

问答题(b) Part 1 of the Malaysian Code on Corporate Governance provides for broad principles of corporate governance. State THREE principles stated in the Code, relevant to directors. (6 marks)

问答题(b) Public and private companies. (5 marks)

问答题(b) Explain and distinguish the meaning of tort and tortious liabilities from criminal liabilities. (7 marks)

问答题In relation to the law of contract, analyse ‘contingent contracts’. (10 marks)

问答题(c) liability for economic/financial loss. (2 marks)

问答题(b) Explain the procedure for altering class rights. (4 marks)

问答题(b) Explain the legal control of money laundering under the Drug Trafficking (Recovery of Proceeds) Ordinance (Cap 405). (6 marks)

问答题(b) explain the procedure required to amend a company’s articles of association. (3 marks)