问答题Andrew undertook to build a house for Ben according to the specifi cations set out in the building plan. The plan specifi ed that the doors and kitchen cupboards be built with solid oak wood. Andrew agreed to this. However, he later installed cheaper doors and cupboards of compressed wood to save money, in order to make an even greater profi t from the contract.
Required:
Discuss whether Ben will be entitled to get an order for specifi c performance to have the doors and kitchen cupboards replaced with solid wood. (10 marks)
问答题(b) explain the powers of the courts in relation to challenging the validity of primary and secondary/delegated legislation. (4 marks)
问答题(b) the role of the promoter of a limited liability company. (5 marks)
问答题(b)Springvale (Pvt) Ltd is a private company duly incorporated and trading in terms of the laws of Zimbabwe. Its registered office is in Harare, Zimbabwe. Mr Brown owns the entire issued share capital of the company which specialises in the retail of stationery products. Mr Brown is the only director of the company and Mrs Brown, his wife, is the company secretary and both of them are ordinarily resident in neighbouring South Africa. The day-to-day management of the company has been left to Mr Fixit, a very experienced and reliable manager who resides in Harare, Zimbabwe.
Required
In relation to company law, advise Mr and Mrs Brown on the legal position relating to the directorship and the position of company secretary in relation to the provisions of the Companies Act (Chapter 24:03). (5 marks)
问答题Bothepha, Gorata and Onneile formed a partnership six years ago, although Bothepha was a sleeping partner and never had anything to do with running the business. Two years ago the partnership employed Tumelo as its manager and last year Gorata retired from the partnership. Onneile subsequently has left much of the day-to-day work to Tumelo who has let it be known generally that he has become a partner, although he has not. In May of this year Tumelo entered into two large contracts. The first one was with a longstanding customer, Robert, who had dealt with the partnership for some five years. The second contract was with a new customer, Simon. Both believed Tumelo’s claim that he was a partner in the business. Both contracts have gone badly wrong leaving the partnership still owing a total of P900,000 to both Robert and Simon. Unfortunately the business assets will only cover the first P450,000 of the total debt.
Required:
Explain the potential liabilities of Bothepha, Gorata, Onneile and Tumelo. (10 marks)
问答题(b) state the legal liabilities of an issuer, a listed stock company and the relevant personnel for failing to disclose information, or disclosing false, misleading or omitted information. (6 marks)
问答题Cindy entered into a contract with Dennis to sell 5,000 hand-made wooden carvings to Dennis. However, the contractual documentation stated that the contract was made with Dennis’s company ‘Dennis-the-Menace (Pty) Ltd’. Dennis was the only shareholder in this company. Although the carvings have been delivered, they have not been paid for. Dennis-the-Menace (Pty) Ltd has now been liquidated as insolvent. Cindy, however, suspects that Dennis knew that his company would not have the money to pay for the carvings.
Required:
Advise Cindy on the possibility of holding Dennis personally liable for the payment of the wooden carvings. (10 marks)
问答题(b) Explain how the laws relevant to limited companies protect shareholders and promote good corporate governance. (6 marks)
问答题(b) Explain the impact of human rights law on the common law. (5 marks)
问答题(c) Perpetual succession. (3 marks)
问答题(b) what steps are required for the establishment of a Non-Banking Finance Company. (5 marks)
问答题(c) explain THREE provisions relating to human rights as found in the Federal Constitution. (6 marks)
问答题In relation to partnership law, explain the fiduciary duties of partners. (10 marks)
问答题(b) Explain the crystallisation of floating charges and state the circumstances under which the crystallisation takes place. (4 marks)
问答题With reference to the Companies Law, explain the meaning and effect of the ultra vires rule in Cyprus. (10 marks)
问答题(b) state the rules with respect to joint and several creditors/debtors during the course of declaration of the creditor’s right. (6 marks)
问答题(b) explain the procedure for the removal of an auditor. (7 marks)
问答题(b) Explain the circumstances under which a person is required by the Codes to make a mandatory general offer to buy the shares held by the target company’s shareholders. (5 marks)
问答题Under the law of obligations, explain the importance of a valid offer and acceptance for a contract to be deemed valid. (10 marks)
问答题(b) State the various legal remedies for an interest holder or stakeholder where the information on the immovable registry is incorrect. (6 marks)
