问答题In relation to employment law, explain the provisions of the Labour Code in respect of fixed-term labour agreements. (10 marks)
问答题(b) third party rights. (5 marks)
问答题(b) the most likely remedy which the court may order against him (Umar) in favour of Ramu for breach of contract in relation to the sale of the motorcar. (5 marks)
问答题Kompieno (Pty) Ltd was a private company which carried on business in Francistown as a retailer of books. The company was the wholly-owned subsidiary of Kudu Ltd which carries on business in Gaborone. Kudu Ltd is a book publisher and the main supplier of books to Kompieno (Pty) Ltd.
Kompieno (Pty) Ltd suffered a severe fall in profi tability, following which Kudu Ltd had to inject substantial capital in order to ensure the continuing solvency of the company. Despite these injections of capital, Kompieno (Pty) Ltd continued to suffer fi nancial diffi culties. In consequence, the company was placed under insolvent liquidation by the High Court in Francistown. Kudu Ltd has now received demand for payment from a number of Kompieno (Pty) Ltd’s creditors who argue that, as Kompieno (Pty) Ltd was the wholly-owned subsidiary of Kudu Ltd, the latter company is liable to pay the debts of its subsidiary in full.
Required:
Advise Kudu Ltd on whether or not it can be liable to pay the debts of Kompieno (Pty) Ltd. (10 marks)
问答题State and explain the essential elements of a valid contract. (10 marks)
问答题(b) loan capital. (5 marks)
问答题(b) the circumstances in which the corporate veil may be lifted. (6 marks)
问答题(c) whether she could take legal action against any person to make that person compensate the company for any loss resulting from the purchase of the ostriches. (3 marks)
问答题Dipogiso and Kitso owned a business involved in property development. They decided to incorporate their business. Before the company was incorporated, Dipogiso and Kitso bought a piece of land in Gaborone West for P200,000·00. They also bought a block of fl ats in Tsholofelo. The advertised price for the fl ats was P600,000·00 but Dipogiso and Kitso negotiated with the vendor and paid P450,000·00 for them on account of their poor state of repair. They further bought a house in Extension 12 on behalf of the unborn company for P40,000·00 with the intention that the house should be used as offi ces of the company.
The company was incorporated as Conman Properties (Pty) Ltd. Dipogiso and Kitso sold the land to the company for P400,000·00; the fl ats for P800,000·00; and the house for P50,000·00. They paid themselves partly in cash and partly in shares in the company.
They appointed their friend Nkwe, their accountant Sipho, and their secretary Violet as the directors. They disclosed to them that they had made a profi t of P410,000·00 on their sale of property to the company broken down as follows:
P200,000·00 on the land;
P200,000·00 on the fl ats; and
P10,000·00 on the house.
The directors assented to these profits.
Richard is a shareholder in the company. He has discovered the above state of facts and is aggrieved.
Required:
Advise Richard. (10 marks)
问答题In relation to the Hong Kong Special Administrative Region (‘the Region’), explain the importance of the Basic Law to the Region. (10 marks)
问答题Describe the structure and functions of the main civil courts in the English legal system, including the Supreme Court. (10 marks)
问答题(b) administration. (6 marks)
问答题(b) remoteness of damage and compensation where a person commits the tort of negligence in relation to another person. (5 marks)
问答题(c) ‘master and servant’. (3 marks)
问答题(b) Whether she can require Chris to undertake the work on the garden, and if not, what alternative action is available to her. (5 marks)
问答题In relation to the law of contract, explain how a general offer may be revoked. (10 marks)
问答题(b) Explain the statutory conditions that must be satisfied in order for an individual to serve on the board of management. (3 marks)
问答题(c) State the various restrictions on the purchaser when he commences procedures for taking over a listed company by offer. (4 marks)
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)
