问答题(c) Explain the transactions that may be considered to be invalid if they are completed immediately before an order for bankruptcy is made. (2 marks)

问答题Berger owed debts to several persons including Salomon. Thabos & Co bought Berger’s business, and called a meeting of Berger’s creditors. At the meeting, Thabos & Co promised to pay all the creditors, including Salomon, whatever amount Berger owed them in full. Berger owed Salomon R5,000 but Thabos & Co thought it was only R3,500 and, in their own mind, were agreeing to pay only that amount. Salomon submitted a claim for R5,000 but Thabos & Co refused to pay more than R3,500. Required: Advise Salomon. (10 marks)

问答题In relation to capital and financing:

问答题(b) explain the circumstances under which terms may be implied in contracts. (7 marks)

问答题In relation to governance and ethical issues relating to business, explain the concept of insider dealing in so far as it applies to Zimbabwe. (10 marks)

问答题(b) State whether the transfer of the sales contract by Buyer to Company X was valid. (5 marks)

问答题(b) state the special voting requirements for a listed company, if a director of the company is affiliated with another enterprise, and related matters to be voted by the board of directors. (6 marks)

问答题(b) the directors, supervisors and/or senior executives. (6 marks)

问答题Andy and Boaz are partners who own several jewellery shops. Whilst on a business trip in India, Andy came across a goldsmith business that specialised in handmade exotic gold necklaces. Andy realised that there should be a very exclusive and lucrative market for such necklaces in South Africa, and decided to buy a huge shipment of these necklaces. Upon his return to South Africa, Andy opened a new shop where he intends to sell these necklaces as a separate business for his own benefit. Boaz heard about the purchase of the new shop and approached you for legal advice. Required: Advise Boaz on his legal position as a partner. (10 marks)

问答题(d) the difference between nominal value and market value. (2 marks)

问答题Alvin runs a business selling expensive cars. Last Monday he mistakenly placed a notice on one car indicating that it was for sale for €5,000 when in fact its real price was €25,000. Bert later noticed the sign and recognising what a bargain it was immediately indicated to Alvin that he accepted the offer and would take the car for the indicated amount. Alvin, however, told Bert that there had been a mistake and that the true price of the car was €25,000. Bert insisted that he was entitled to get the car at the lower price, and when Alvin would not give it to him at that price Bert said that he would sue Alvin. After Bert had left, Alvin changed the price on the car to €25,000 and subsequently Cat came in and said she would like to buy the car, but that she would have to arrange finance. On Tuesday Del came by and offered Alvin the full €25,000 cash there and then and Alvin sold it to him. Required: Advise Alvin, Bert, Cat and Del as to their rights and liabilities in the law of contract. (10 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(c) Explain the rights of providers of long-term capital. (4 marks)

问答题(b) Bill of exchange. (5 marks)

问答题Geo, Ho and Io formed a partnership three years ago to run a hairdressing business. They each provided capital to establish the business as follows: Geo €20,000; Ho €12,000; and Io €8,000. The partnership agreement stated that all profits and losses were to be divided in proportion to the capital contribution. After 18 months Geo provided the partnership with a loan of €3,000 in order to finance the purchase of more stock. The loan was to be paid back from the profits of the business. Unfortunately the business was not successful and the partners decided to dissolve the partnership rather than risk running up any more losses. At the time of the dissolution of the partnership its assets were worth €20,000. Its external debts were €7,000 and none of the debt to Geo has ever been paid. Required: Advise the partners as to how the financial aspects of the dissolution will be conducted and how the assets will be distributed. (10 marks)

问答题(c) describe the ways by which a partnership may be wound up. (4 marks)

问答题(c) debentures. (4 marks)

问答题Within the context of the UN Convention on Contracts for the International Sale of Goods, explain the obligations imposed on the buyer of goods. (10 marks)

问答题(c) shadow directors. (3 marks)

问答题In relation to employment law, describe the scope of the Workmen’s Compensation Act, 1923. (10 marks)