问答题Modisakgotla runs a bakery. He has employed Tiro as a baker. Since Tiro took up employment, he frequently absents himself from work and he is rarely punctual. When confronted about his poor timekeeping and frequent absences from duty, Tiro blames his conduct on traffic jams, foul weather and occasional visits to the clinic. Modisakgotla has since discovered that the real reason behind Tiro’s regular absences and lack of punctuality is that Tiro is working as a baker in Tiro & Tiro Bakery, a business owned and managed by Tiro’s wife. Modisakgotla recently suffered a financial setback resulting from the fact that his main customer, Moeding School, is purchasing half the number of loaves that it did on a daily basis. Modisakgotla has discovered that Tiro & Tiro Bakery are now supplying Moeding School with bread. Modisakgotla dismissed Tiro. Tiro has challenged his dismissal at the Industrial Court. Modisakgotla has approached you seeking advice as to whether the termination was substantively unlawful. Required: Advise Modisakgotla. (10 marks)

问答题(b) Identify the courts, below the level of the Court of Appeal, that deal with civil law and criminal law. (3 marks)

问答题(c) the consequences of any dividend being paid in breach of those rules. (3 marks)

问答题(b) Discuss s.67A Companies Act 1965, which permits a company to purchase its own shares. (7 marks)

问答题In relation to the law of contract, explain the law that applies when a party inserts into a contract a ‘condition’ about an uncertain future. (10 marks)

问答题In terms of the Companies Act, 1995, describe what must be contained in the memorandum of association of a private limited liability company. (10 marks)

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

问答题In terms of the Companies Act, 1995, explain the manner in which partnerships en commandite and partnerships en nom collectif may be dissolved. (10 marks)

问答题In relation to company law, describe the characteristics of preference shares. (10 marks)

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

问答题(b) Explain the fiduciary duty of a director to act in the best interests of the company. (5 marks)

问答题On the advice of his accountant, Mat registered a private limited company to conduct his small manufacturing business in January 2010. One of the reasons for establishing the company was to avoid liability for potential losses. The initial shareholders of the company were Mat, his wife Mary and her father Norm, who each took 1,000 shares in the company, each with a nominal value of $1. The accountant explained that they did not have to pay the full nominal value of the shares at once, so they each paid only 25 cents per share taken, with the result that they still owed the company a further 75 cents per share, to be paid at a later date. When the company was established it became apparent that it needed to borrow money from a bank to finance an expansion in production. To that end Oop bank plc lent the company $20,000 secured by a fixed charge against the land Mat had previously transferred to the company, with an additional personal guarantee from Mat for any debts owed by the company to the bank. Unfortunately the business has not proved successful and Mat and the other shareholders have decided that it is better to liquidate the company rather than run up any more debts. The current situation is that the company’s land is worth $20,000 and it has further assets to the value of $7,750, but it has debts to business creditors (payables) of $10,000 and owes the bank a further $10,000 on its bank overdraft. Required: Explain the rights of the various creditors (payables) and the potential liability of Mat, Mary and Norm. (The actual costs of winding up may be ignored.) (10 marks)

问答题(b) Constructive dismissal. (5 marks)

问答题In relation to the law of contract, discuss the requirements for an offer and acceptance to give rise to the formation of a contract. (10 marks)

问答题In relation to the law of delict, explain the meaning of wrongfulness. (10 marks)

问答题(b) binding precedent and persuasive precedent. (6 marks)

问答题In the context of company law and the duties of directors, explain the concept of the business judgment rule and the provisions of the Companies Act 1965 (as amended by the Companies (Amendment) Act 2007) which encompass that rule. (10 marks)

问答题(a)Explainthepurpose,functionsandstructureofthecourtsofarbitration.(7marks)

问答题Explain the documents necessary, and the procedure to be followed, in registering a public limited company. (10 marks)

问答题In relation to company law, discuss the doctrine of ultra vires as it applies in Lesotho. (10 marks)