问答题In January 2008 Arti entered in a contractual agreement with Bee Ltd to write a study manual for an international accountancy body’s award. The manual was to cover the period from September 2008 till June 2009, and it was a term of the contract that the text be supplied by 31 June 2008 so that it could be printed in time for September. By 30 May, Arti had not yet started on the text and indeed he had written to Bee Ltd stating that he was too busy to write the text. Bee Ltd was extremely perturbed by the news, especially as it had acquired the contract to supply all of the accountancy body’s study manuals and had already entered into extensive preliminary expenses in relation to the publication of the new manual. Required: In the context of the law of contract, advise Bee Ltd whether they can take any action against Arti. (10 marks)

问答题Hypervama Holdings Ltd runs a food supermarket, called Hypervama Supermarket, in Maseru. It employed Mr Smith as a buying manager of Hypervama. He was specifically told at any time he wished to order goods exceeding R20,000, he must obtain a signed purchase order from the finance director of the company. The finance director is his immediate boss. While the finance director was away overseas and inaccessible, Mr Smith ordered butter worth R100,000 from the Butter Company, because the stock of butter was running low, New Year was approaching and he wanted to avoid the New Year rush. He thought it would certainly impress his boss. The lorry carrying butter broke down on the way and by the time it was repaired, all the butter had melted. After the lorry was repaired, the boxes containing the butter were duly delivered to Hypervama. Mr Smith accepted the delivery and signed the delivery note without examining the contents of the boxes. However, when the boxes were opened, the butter was found to be unfit for human consumption and had to be thrown away. When the finance director came to know that Mr Smith ordered the butter worth R100,000 without his prior authorisation, he refused to pay the Butter Company saying that Mr Smith should pay the amount out of his own pocket. Required: In the context of the law of agency, advise Hypervama and the Butter Company. (10 marks)

问答题(b) Explain whether Khanh has entered into a legally binding contract with Suong and/or Ngoc. (5 marks)

问答题State the fi nancial reporting requirements under the Code of Corporate Governance. (10 marks)

问答题(b) Define the term ‘del credere agent’ and explain the role of a del credere agent who participates in a contract of commission arrangement. (3 marks)

问答题(b) Evaluate the alternative courses of action proposed by the lender. (5 marks)

问答题In relation to the Botswana legal system, explain the rules and presumptions used by the courts in interpreting statutes. (10 marks)

问答题In relation to company law, explain the doctrine of separate personality and its consequences as it applies for limited liability companies in Lesotho. (10 marks)

问答题(c) the articles of association. (4 marks)

问答题(b) state the various circumstances under which an open-ended employment contract must be concluded by the employer and employee. (8 marks)

问答题(b) Identify any TWO characteristics of a shareholding company that make it especially important for management to apply good standards of corporate governance. (4 marks)

问答题(b) Explain the jurisdiction of the courts dealing with criminal and civil law. (5 marks)

问答题1.Mr Dong, the majority shareholder of Lide Company, provided his residential house as a mortgage for a loanagreement between Lide Company and the Bank. Both parties appropriately registered the loan agreement and themortgage agreement with the relevant government agent. Before the loan agreement matured, Mr Dong intended to sell the mortgaged house to Ms Lee and disclosed to Ms Lee the fact that the house had been mortgaged. Mr Dong also notified the Bank with respect to the transactionbetween Ms Lee and himself. Mr Dong and Ms Lee entered into a sales contract of real estate to proceed with thetransaction. However, their application for registration was denied by the relevant government authority, because theBank did not give consent in writing to this transaction. Required: In accordance with the relevant provisions of the Property Law:

问答题Ngoni, an engineering graduate, has invented a highly secret and efficient process for borehole and water drilling. The device was superior but less expensive than similar devices on the market. He secured contracts with several large companies to market his device and went to great expense to retool his operations for production at the same time. Ngoni ordered from a manufacturer, Mhizha Enterprises, a consignment of plastic component parts which were needed in the manufacturing of said equipment for borehole and water drilling. Mhizha Enterprises received instructions to produce the parts by a specific date. The manufacturer failed to deliver the parts on time as he had discovered that he did not have the capacity to do so in the agreed time. Ngoni had no other alternative sources of supply and therefore lost several lucrative contracts he had arranged. The contracts are worth US$50,000. Required: In relation to the law of contract, advise whether Ngoni can sue Mhizha Enterprises for breach of contract, and whether the claim can include the loss of sales as damages. (10 marks)

问答题Esther was employed by Kufuma (Pvt) Ltd as a secretary. Upon commencement of her employment she signed a document headed ‘contract of employment’ whose contents included the following: (a) The employee was to be bound by the Labour Act [Chapter 28:01] and Regulations made under it. (b) The employer can summarily terminate the contract in the event of gross misconduct as defined in the company’s code of conduct. (c) The employee will not be paid for time spent on trade union or workers’ committee activities. (d) The employer reserves the right to vary the employee’s job description and terms and conditions of work. In the course of time Esther became pregnant and sought to go on maternity leave. She was granted such leave in terms of the Labour Act. Upon her return, she was given work in a different department, which was slightly below that of a secretary. The employer relied on clause (d) above, as authority for its decision. Esther protested and she now wants to leave Kufuma (Pvt) Ltd’s employment immediately. Required: In relation to employment law, advise Esther on whether or not she can lawfully leave the employer immediately and without notice. (10 marks)

问答题In relation to company law, discuss the following statement in common law: A company is a different person altogether from its shareholders. (10 marks)

问答题(c) Describe the legal consequence of an effective acceptance with respect to the formation of a contract. (2 marks)

问答题(b) Explain the following statements regarding consideration: (i) consideration must be sufficient but does not have to be adequate; (3 marks) (ii) past consideration is not good consideration. (4 marks)

问答题(b) Ostensible authority. (5 marks)

问答题In relation to the Russian legal system: