问答题In relation to the law of delict, explain the concept of ‘fault’. (10 marks)
问答题(b) Explain the meaning of relevant information. (3 marks)
问答题(b) Describe the procedures that must be followed by an employer when an employee is dismissed. (5 marks)
问答题In relation to the law of insolvency:
问答题(c) the role of non-executive directors. (3 marks)
问答题(b) Explain the procedure relating to the removal of directors before the expiry of their service agreement. (5 marks)
问答题Ahmed is a cotton grower. He supplies his cotton to textile manufacturers. In June 2010 he entered into a contract with Shah Textile Mills Limited (‘STML’) for sale and supply of cotton. He received Rs. 100,000·00 as advance payment from STML. In August 2010 his cotton crop was destroyed by the severe floods in Pakistan.
Required:
In relation to the law of contract, advise Ahmed and STML on the impact of this event on their contract. (10 marks)
问答题On 24 February 2006 Mr Hassan was appointed by the board of directors of XXL Ltd (a listed brokerage company) as the company’s chief executive for a period of two years. Thereafter, the stock exchange boom occurred and Mrs Hassan also set up a brokerage company. This action on part of Mrs Hassan infuriated the board of directors of XXL Ltd and they passed a resolution by a three-fourths majority removing Mr Hassan from the office of the chief executive. Mr Hassan has threatened to take XXL Ltd to court for removing him from office before the expiration of his two year period.
Required:
Explain to Mr Hassan whether the board’s act of removing him is valid or not. (10 marks)
问答题(b) The importance for agents to act within their authority. (2 marks)
问答题In relation to partnership law, discuss the extent of the partnership fund. (10 marks)
问答题In relation to partnership law, analyse the liability of the various partners for partnership debts. (10 marks)
问答题(b) how changes may be made to a partnership deed. (4 marks)
问答题(b) Explain the provisions of federal law in respect of the following:
(i) Absentee voting; (2 marks)
(ii) Cumulative voting; (2 marks)
(iii) Quorum. (2 marks)
问答题In relation to company law state the major differences between executive and non-executive directors. (10 marks)
问答题A&J Associates had been formed as a partnership firm of Ali and his cousin, Javed. Clause 2 of the partnership agreement states ‘All business of the firm shall be transacted with mutual consent of the partners’. The business of the firm is cultivation of crops in Multan. They have routinely purchased fertilisers from King Pesticides Ltd. In September 2011, Ali proposed that they purchase fertilisers from Magic Pesticides Ltd (‘MPL’). Javed opposed this proposal citing MPL’s substantially higher prices. Ali also proposed that the firm expand its business to dealing in used cars. Javed showed some interest but said that he would consider that proposal upon his return from a three month long business trip to Germany.
In Javed’s absence, Ali contracted with MPL for the supply of fertilisers. Ali also contracted with Qasim to supply ten used cars. Payments to both MPL and Qasim have not been made and each has brought separate claims for recovery of amounts due against the firm before the local civil court.
Required:
Under the Partnership Act, 1932, advise Javed on whether he is liable for any payments due to MPL and Qasim. (10 marks)
问答题(b) state the procedures and conditions to be complied with when a court orders the transfer of the equity of a shareholder of a limited liability company under the enforcement procedures of the law. (4 marks)
问答题In relation to the law of contract, explain when the default of the debtor will constitute a breach of contract. (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) In relation to the law of contract, explain what is meant by an offer and distinguish it from an invitation to treat. (5 marks)
问答题Samuel is a partner in a firm of wholesale food distributors. There are two other partners, Arthur and Dhondy. The partnership is registered and the partnership deed provides that all three partners must consent to any contract in excess of R50,000.
Samuel entered into three contracts in the partnership’s name, each of which is valued at more than R50,000, without consulting with his other two partners. The three contracts relate to the purchase of:
(a) a consignment of tinned fruits;
(b) office equipment; and
(c) an expensive car.
Required:
Advise Arthur and Dhondy whether the partnership is liable on these contracts. (10 marks)
