问答题(b) The doctrine of privity. (5 marks)

问答题(b) describe the circumstances in which the rule relating to separate personality may be ignored, with personal liability imposed on members or directors. (6 marks)

问答题Caz is a director of Dull plc, but she also carries out her own business as a wholesale supplier of specialist metals under the name of Era Ltd. Last year Dull plc entered into a contract to buy a large consignment of metal from Era Ltd. Caz attended the board meeting that approved the contract and voted in favour of it, without revealing any link with Era Ltd. Required: Analyse the situation explaining any potential liability that Caz may have in relation to the sale of the metal to Dull plc by Era Ltd. (10 marks)

问答题Ngoni is a businessman who specialises in selling locally made leather jackets. Ngoni offers to sell 150 such jackets to Themba, a Cross border trader, at $1,000,000·00 per jacket, subject to him accepting the offer in writing. Themba tells him that he accepts to buy at $750,000·00 per jacket and offers to buy at that price. In the meantime Themba talks to Brinah his friend and advises her of Ngoni’s offer made to him. She decides to accept the offer herself. Brinah writes to Ngoni accepting to buy the jackets at the price stipulated by Ngoni. Ngoni is not interested in selling to Brinah and rejects her ‘acceptance’. Upon learning this, Themba decides that he now wants to buy the jackets himself at the price previously stipulated by Ngoni and now verbally accepts the offer. Required: In relation to the law of contract, advise as to whether Ngoni is bound by any of the ‘acceptances’ communicated to him. (10 marks)

问答题(b) Advise Matthew what action he should take with particular reference to the specific duties of directors not to compete with the company of which he is a director, and, to disclose any interest he may have in a contract with the company. (4 marks)

问答题Ari is a metal broker who was in negotiations with three parties for the sale of a large consignment of copper he was expecting to receive on 15 March. On 1 March he wrote to the three clients Bas, Cas and Das. He wrote to Bas offering to supply the copper at $6,000 per tonne for orders over 100 tonnes for delivery to be made before 1 May. Bas immediately wrote back ordering 75 tonnes for delivery on 30 April. He wrote to Cas offering 100 tonnes of copper at $6,500 per tonne if he placed an order before 1 May. Cas also immediately wrote back ordering 150 tonnes at the agreed price for delivery on 30 April. He wrote to Das offering to supply him copper at $6,750 per tonne and Das immediately wrote back ordering 150 tonnes for delivery on 1 May. After he had sent the above letters and before he received the replies Ari discovered that he would not be able to secure the delivery of the copper. Required: Advise Ari as to his potential liability to Bas, Cas and Das under the above situations, assuming that the United Nations Convention on Contracts for the International Sale of Goods applies. (10 marks)

问答题In terms of the Employment and Industrial Relations Act, 2002, explain the circumstances and the procedure to be followed, for an employer to terminate a defi nite contract of employment. (10 marks)

问答题In relation to company law, explain the duties that directors owe to their companies. (10 marks)

问答题(c) state the various legal liabilities of a sponsor, in providing professional services, for his wrong doings or failure to perform his functions. (6 marks)

问答题In relation to the contract of employment, explain the grounds upon which dismissal of an employee may be regarded as fair. (10 marks)

问答题(b) state the conditions to be met for a party to claim the right of subrogation in the course of performing a contract. (7 marks)

问答题(c) state the various circumstances where a registration of change is required by the law. (6 marks)

问答题In terms of the Companies Act, 1995, explain the meaning and effect of limited liability of the shareholders of a private limited liability company. (10 marks)

问答题Harry and Bill ran a restaurant as a partnership business. Harry suggested to Bill several times that the partnership business would grow if it had a licence for staging live music shows by performing artists. Bill was totally opposed to it saying that it would change the character of the restaurant, increase overheads and drive away regular patrons. Nevertheless, without telling Bill, Harry asked Goodricks, an attorney, to apply for and obtain a licence. Goodricks did so and submitted his claim for R5,000 for his professional services. Bill refuses to authorise payment saying that the partnership never authorised Harry to instruct an attorney for such a licence. Required: In the context of the above facts, advise Bill if the partnership is bound to pay Goodricks. (10 marks)

问答题(a) explain the term right of lien; (4 marks)

问答题In relation to the law of partnership, explain and distinguish between a limited and an unlimited partnership. (10 marks)

问答题(b) an invitation to treat. (6 marks)

问答题In relation to the law of contract, explain the remedy of specifi c performance. (10 marks)

问答题Andrew is a fanatical birdwatcher who is always on the lookout for special prices on binoculars. He walks past a shop window in the small town of Pofadder and spots a pair of binoculars that he had long coveted, for the price of R400. Upon rushing inside to purchase the bargain, Bernie, the shopkeeper informs Andrew that the price was marked incorrectly and it is actually supposed to be R1,400. Required: Analyse the situation from the perspective of contract law and in particular advise Andrew if he is entitled to insist that Bernie sell him the binoculars for R400. (10 marks)

问答题(b) In particular advise Vic as to his position. (2 marks)