问答题Ax, a Swedish manufacturer, contacted Bo, a German manufacturer, to enquire about Bo making special screws of a particularly high quality. Bo provided by return a list of prices and delivery periods. Ax then ordered 3,000 screws and also 3,000 specialised nuts and bolts, not mentioned before. Bo requested payment in advance or a letter of credit. Ax, in turn, asked for a pro-forma invoice. When Bo sent the invoice it listed screws of a lower quality than the original specification with their respective prices. Ax objected immediately and demanded delivery of the articles in the ‘ordered’ quality. Bo agreed to delivery of higherquality articles but insisted on a higher price than on the invoice. Ax insisted on delivery of the higher-quality items but for the price listed in the invoice. Required: Advise the parties whether or not they have entered into a binding contractual agreement on the basis of the UN Convention on Contracts for the International Sale of Goods. (10 marks)

问答题(b) the exceptions to the said prohibition. (5 marks)

问答题(b) Explain the protection afforded to creditors who may be prejudiced by such reduction. (5 marks)

问答题(b) Explain how Lan’s grandchildren may be authorised to carry out transactions on her behalf. (5 marks)

问答题(b) constructive dismissal and summary dismissal. (5 marks)

问答题Sim and Sam formed a partnership whose sole business was to purchase well-bred horses that ran in various races in South Africa. They both met as usual at 10 in the morning and decided to purchase a horse named ‘Beauty’ for R50,000. After Sim left, Sam decided to purchase another well-bred horse called ‘Champion’ for R50,000. In the weekly auction, Champion was sold for a net profi t of R1,000,000 while Beauty did not attract any buyer. Sim came to know of it and claimed that half of R1,000,000 that Sam made belonged to him. Alternatively, all the profi ts that Sam made belonged to the partnership. Required: Advise Sim. (10 marks)

问答题Explain the grounds upon which a person may be disqualified under the Companies Act, 1990. (10 marks)

问答题(c) a fl oating charge. (4 marks)

问答题(b) Explain the consequences of a purchaser of shares failing to pay for the shares by the required deadline for payment. (4 marks)

问答题Jolly Trading Sdn Bhd, a subsidiary of Jolly Holdings Bhd has recently done the following, pursuant to a decision of its board of directors: (a) Purchased a motorcar, a three-year old Mercedes Benz, from one of its directors, Mercy, at a price of RM280,000 which reflects its market value. (5 marks) (b) Appointed Samseng, aged 72, as an additional director. (5 marks) Required: Advise the board of directors whether there has been any breach of the provisions of the Companies Act 1965 in respect of the above transactions, (a) and (b). Note: the mark allocation is shown against each transaction. (10 marks)

问答题Under the Maltese legal system, describe the manner in which the courts are structured, explaining the jurisdiction of the different courts. (10 marks)

问答题In relation to company law, explain and distinguish between: (a) companies limited by guarantee; and (5 marks) (b) companies limited by shares. (5 marks)

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)