问答题(c) Assignment of employees to duties other than their regular work. (3 marks)
问答题In relation to employment laws, describe the position of a workman. (10 marks)
问答题(b) Explain the duties and powers of a committee for the management and liquidation of assets. (6 marks)
问答题Joseph is a self-employed accountant who works from his home. Since he has to deal with sensitive accounts, he decided to install a security alarm system. He entered into a contract with Security Ltd to install the alarm system in his house. Joseph was asked to read, fill in and sign a form to confirm the order. The form contained a statement that ‘Security Ltd accepts no liability whatsoever for any injury or loss sustained as a consequence of the wrongful installation or operation of any equipment supplied or fitted by it.’ Joseph did not read that notice but filled in and signed the form to confirm his order.
The installation of Joseph’s security system was carried out incorrectly. During the first night, it short-circuited and caused a fire which destroyed Joseph’s house. Security Ltd admits negligence but is refusing to compensate Joseph for the losses sustained, relying on the exclusion clause.
Required:
Advise Joseph whether the exemption clause exempts Security Ltd from losses suffered by Joseph. (10 marks)
问答题In relation to professional negligence, explain the liability of auditors for their work. (10 marks)
问答题Discuss when a company limited by shares can be ordered to be wound up compulsorily by a court. (10 marks)
问答题(b) explain the procedure for altering class rights. (4 marks)
问答题In relation to the legal system of Cyprus, describe the role and main functions of the Constitution. (10 marks)
问答题In relation to company law, explain the meaning and effect of limited liability. (10 marks)
问答题In terms of the Companies Act, 1995, explain the features of a single member private limited liability company. (10 marks)
问答题(c) Case law of the Supreme Court. (3 marks)
问答题(b) Discuss the potential consequences of the company guaranteeing Vera a minimum income of 10% from an investment in the company. (6 marks)
问答题Alex, who has recently lost his two dogs, decides to stick a poster outside his offi ce describing the characteristics of the dogs and offering EUR5,000 as reward to anyone who returns the dogs to him. Beatrice, who has read the advertisement, fi nds and returns one of the lost dogs to Alex. Catherine, who has not read the advertisement, fi nds and returns the other lost dog to Alex.
Required:
Advise Alex as to his liability, if any, to Beatrice and Catherine. (10 marks)
问答题Gilt Co is a small company with an issued share capital of 100,000 $1 shares held by 100 members.
Harry the managing director of Gilt Co has been approached by Itt Co in respect of its making a takeover bid for Gilt Co. Itt Co has given Harry what is described as a facility fee of $50,000 for ensuring that the takeover is successful.
At the next board meeting Harry convinces the other directors that the takeover bid is in the long-term interest of Gilt Co, but they are concerned that the holders of the majority of the issued share capital will not approve of the takeover.
In order to ensure the success of the takeover, the directors agree that they should allot suffi cient new shares to Itt Co to ensure that a new majority of members will support the takeover.
After the allocation of the shares to Itt Co, a general meeting is called to consider the takeover and it is approved, with Itt Co voting in favour.
May, a substantial shareholder in Gilt Co has subsequently found out about the actions of Itt Co, Harry and the other directors.
Required:
Advise May as to the legality of the share allotment and as to what action can be taken against Harry. (10 marks)
问答题(b) the circumstances under which both a private and a public limited company can reduce its capital, and the procedures through which this can be done. (6 marks)
问答题(b) Distinguish between ratio decidendi and obiter dictum. (5 marks)
问答题Laos Ltd is a private company limited by shares, with a share capital of EUR 2,000,000. Laos Ltd owes EUR 800,000 to its creditors while its assets amount to EUR 1,500,000 in total. Laos Ltd has completed the purpose for which it was created. The directors of Laos Ltd consider reducing the company’s share capital.
Required:
Advise Laos Ltd as to how it may proceed and particularly in relation to the proposal for reduction of its capital. (10 marks)
问答题(c) State the restriction on the duration of time for a non-competition clause in a labour contract. (3 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) what action Ano Ltd can take against Cox for his refusal to produce the diagrams. (5 marks)
