问答题(a) the legality of the dividend payment; and (6 marks)

问答题Cooper was the managing director of a company which ran a chain of take-away restaurants. In one of the board meetings, one of the directors informed the board that a certain building on Kingsway was available at a reasonable price and that it was ideally located for a thriving restaurant business. Since the company’s financial resources were somewhat strained at that time, it could not purchase that building. A little later, Cooper resigned from the managing directorship and then purchased the building to run a take-away restaurant. Required: In the context of the above information, advise the company if it would be entitled to acquire the building back from Cooper, or claim the profits that the restaurant might generate. (10 marks)

问答题(b) Describe the matters that must be considered by the initial meeting of creditors of an insolvent company. (5 marks)

问答题In terms of the law of contract, explain the doctrine of privity of contract. (10 marks)

问答题(c) his debentures. (4 marks)

问答题Greg is a member of the board of directors of Huge plc. He also controls a private limited company Imp Ltd through which he operates a management consultancy business. He also owns all the shares in Jet Ltd through which he conducts an investment business. When Greg learns that Huge plc are going to make a take-over bid for Kop plc he arranges for Jet Ltd to buy a large number of shares in Kop plc on the London Stock Exchange on which it makes a large profit when it sells them after the takeover bid is announced. He then arranges for Jet Ltd to transfer the profit to Imp Ltd as the charge for supposed consultancy work. The money is then transferred to Greg through the declaration of dividends by Imp Ltd. Required: Analyse the above conduct from the perspective of criminal law paying particular attention to the issues of: (a) insider dealing; and (5 marks) (b) money laundering. (5 marks)

问答题Kundai Mamoyo was employed as a sub-accountant by an Environmental Non-Governmental Organisation (NGO) called Green Strategies. After a probationary period of three months she was confi rmed as a permanent full-time employee with effect from 1 May 2008. According to her conditions of service she was entitled to 30 days’ vacation leave every year and at the end of each November she would be entitled to an annual bonus of US$1,000·00, which was the equivalent of her monthly salary. On 1 August 2009 she applied for 30 days’ leave to travel to Hong Kong on vacation. Her immediate superior, the accountant signed the leave forms and the Executive Director of the organisation Tamari Ngwarai, who in terms of the organisation’s policies and procedures was supposed to approve all applications for leave by all levels of staff, also signed them. The proposed dates of her vacation were from 1 September until 30 September 2009. A week before she was due to go on leave, she was informed by her immediate boss, the accountant that the Executive Director had decided to revoke Kundai’s leave and that she could not travel to Hong Kong because there was a lot of work that needed to be done in the offi ce. She did however still go on vacation. Upon her return to work on 1 October 2009 she was handed a suspension letter. The disciplinary hearing was convened on 1 November 2009. Kundai was found guilty of being absent from work without leave during the month of September 2009. She was denied her bonus for 2009 and as part of the disciplinary Tribunal’s judgment she was demoted to the position of bookkeeper. Kundai feels a deep sense of grievance over her treatment. Required: In relation to employment law in Zimbabwe, advise Kundai, who desires to obtain relief from the courts over her treatment by the company. (10 marks)

问答题(c) Explain the role of codes within the overall framework of Russian law. (4 marks)

问答题In relation to company law, discuss the duties of care and skill that are owed by directors to their companies. (10 marks)

问答题(c) Explain whether or not the articles of association of Glad Ltd can be altered as proposed.(2 marks)

问答题(b) Explain and distinguish a share from a debenture. (5 marks)

问答题In relation to the law of delict, explain how the concepts of causality and remoteness operate. (10 marks)

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)