问答题(c) dividends. (3 marks)
问答题(b) (i) non-executive directors; and (2 marks)
(ii) shadow directors. (3 marks)
问答题(b) identify and discuss the differences between a ‘contract of indemnity’ and a ‘contract of guarantee’. (6 marks)
问答题(c) State how Mr Li could bring a claim to protect his rights. (3 marks)
问答题(b) State the remedies available to an employee who has been unjustifiably dismissed. (6 marks)
问答题(b) explain the advantages and disadvantages of judicial precedent. (6 marks)
问答题(c) The importance in distinguishing between an offer and an invitation to treat. (2 marks)
问答题Cy is a member of the board of directors of Dix plc, a construction company.
He also has a significant shareholding in Fox Ltd, a company specialising in supplying building material. Last year Dix plc entered into a contract to buy a large consignment of concrete from Fox Ltd. Cy attended the board meeting which approved the contract and voted in favour of it, without revealing any link with Fox Ltd. The contract price was substantially above the market price and Fox Ltd made a considerable profit on the contract.
Required:
In the context of directors’ duties, advise Dix plc whether Cy has breached any of his directors’ duties, and as to any action which might be taken against him. (10 marks)
问答题In terms of the Employment and Industrial Relations Act, 2002, explain how employment may be terminated on the grounds of redundancy. (10 marks)
问答题Discuss the legal principles that govern the liability of partners towards third parties. (10 marks)
问答题In the context of the UN Convention on International Bills of Exchange and International Promissory Notes, explain the meaning of, and procedure involved in, endorsing an international bill of exchange. (10 marks)
问答题(c) Describe the rights of mortgagees of property. (4 marks)
问答题(b) The creation of agency relationship by ratification. (5 marks)
问答题(b) state the conditions to be met for a party to be eligible for specific performance as a legal remedy for breach of contract. (4 marks)
问答题(b) explain TWO advantages and TWO disadvantages of delegated legislation. (6 marks)
问答题(b) identify the persons or entities who may apply to the court for compulsory winding up of a company. (5 marks)
问答题Within the context of the UN Convention on Contracts for the International Sale of Goods, explain the obligations placed on the contractual parties to preserve goods, in their possession, belonging to the other contractual party. (10 marks)
问答题(b) State, with reference to relevant legislation, the situations in which an employee may be said to have been:
(i) laid-off; and
(ii) made redundant. (7 marks)
问答题Crafty Construction (Pty) Ltd is a construction company formed some ten years ago by three brothers David, Ed and Frank. The company has a nominal capital of 500,000 shares of R1 nominal value, allotted as follows: 200,000 to David, 200,000 to Ed and 100,000 to Frank. The company has not been performing particularly well for some time, but has made a profit of R100,000 in the past year.
Frank has recently suffered a heart attack and he needs to realise his R100,000 shareholding to help finance his purchase of a house in a retirement village. David and Ed would like to help him but neither can raise the R100,000 to purchase the shares and, given the company’s trading situation, an outsider cannot be found to buy at that price.
Required:
Advise the parties as to whether, and if so how, Crafty Construction (Pty) Ltd can buy the shares itself. (10 marks)
问答题Melanie ran a small hotel at Limassol seaside, which was very successful. She therefore wanted to expand her premises. To this extent, Melanie engaged her brother, Brian, to build an extension to the hotel, creating four additional rooms, in exchange for EUR10,000. Brian promised to have the rooms ready by 1 June 2011. In the meantime, Melanie made relevant bookings of the new rooms for the summer period starting on 1 June 2011.
On 1 May 2011, Brian realised that he would not finish the work on time, and asked for an additional payment of EUR5,000 in exchange for a promise to deliver the rooms by 1 June 2011. Melanie, having no alternative, agreed to pay the additional amount. However, Brian did not finish the work until 15 June 2011 and Melanie faced complaints from frustrated clients.
Required:
Advise Melanie of her legal rights and obligations under contract law. (10 marks)