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)
问答题(b) Explain the role of judges in the courts of the Russian Federation. (4 marks)
问答题(c) The judiciary. (4 marks)
问答题(b) any potential liability in regard to the dividend payment. (4 marks)
问答题(b) state the major functions and duties of the creditors’ committee. (6 marks)
问答题(b) Discuss the extent of liability facing Anh, Repair Limited and the engineer who repaired the steering wheel on behalf of Repair Limited. (6 marks)
问答题(c) class meeting. (3 marks)
问答题(c) the purposive approach, including the mischief rule. (4 marks)
问答题(c) Innominate terms. (4 marks)
