问答题(b) legislation, including delegated legislation. (4 marks)

问答题In January 2008 Arti entered in a contractual agreement with Bee Ltd to write a study manual for an international accountancy body’s award. The manual was to cover the period from September 2008 till June 2009, and it was a term of the contract that the text be supplied by 30 June 2008 so that it could be printed in time for September. By 30 May, Arti had not yet started on the text and indeed he had written to Bee Ltd stating that he was too busy to write the text. Bee Ltd was extremely perturbed by the news, especially as it had acquired the contract to supply all of the accountancy body’s study manuals and had already incurred extensive preliminary expenses in relation to the publication of the new manual. Required: In the context of the law of contract, advise Bee Ltd whether they can take any action against Arti. (10 marks)

问答题In relation to the Law on Bankruptcy, describe the bankruptcy procedures applied to enterprises that have become insolvent. (10 marks)

问答题In relation to agency law, explain the doctrine of apparent/ostensible authority.(10 marks)

问答题In relation to the Partnership Law, Cap. 116, explain the ways in which partnerships may be dissolved. (10 marks)

问答题(b) Explain the observation process and how this affects the operations of the company while observation is in force. (4 marks)

问答题(c) The mischief rule. (4 marks)

问答题State the documents necessary and the procedure to be followed in registering a close corporation. (10 marks)

问答题Mufti Plastics (Private) Limited (‘MPPL’), incorporated in 1999, was promoted by two friends, Mr Zafar and Mr Tariq. Currently, 60% of the issued shares of MPPL are owned by Mr Zafar (who is the chief executive of MPPL) and his family members (collectively called the ‘Zafar Group’). The remaining 40% issued shares are owned by Mr Tariq’s family members (collectively called the ‘Tariq Group’). Mr Tariq died in December 2005. Since January 2006, the Tariq Group has practically been excluded from the affairs of MPPL. No notice of any general meetings or board meetings of MPPL has been received by the Tariq Group. No dividend has been declared since 2006. MPPL’s after tax profit for the financial year ending June 2008 was Rs. 200,000,000·00. MPPL has been making regular payments to its creditors (including financial institutions). The Tariq Group has tried discussing its grievances with the Zafar Group, but has not succeeded. Required: With reference to the Companies Ordinance, 1984, advise the Tariq Group on the grounds on which it may seek the winding up of MPPL by the court and its chances of succeeding in such a claim. (10 marks)

问答题Chu, a suitably qualified person, was appointed as the company secretary of Do plc. Since his appointment, Chu has entered into the following contracts in the name of Do plc: (a) an extremely expensive, long-term contract with Ex plc for the maintenance of Do plc’s photocopiers; (b) an agreement to hire a car from Far plc which Chu used for his own, non-business related purposes; (c) an agreement with Gro plc to landscape the garden of his, Chu’s, personal house. The directors of Do plc have only recently become aware of these contracts. Required: In the context of company law, with specific regard to the authority of company secretaries, advise the directors of Do plc whether the above agreements are binding on the company. (10 marks)

问答题In terms of the Companies Act, 1995 explain the contents of the memorandum of association of a limited liability company. (10 marks)

问答题(b) Explain whether the dismissed employee has any rights against the employer regarding the dismissal. (5 marks)

问答题(b) The difference between the termination of employment contracts by choice and by breach. (6 marks)

问答题With reference to the Companies Act 1965 and relevant illustrations, explain what is fraudulent trading and the legal consequences of such fraudulent trading. In your answer state also who can be made liable as well as who can initiate legal proceedings for fraudulent trading. (10 marks)

问答题Pious, a Church Minister, asked one of his parishioners Short, an accountant, to prepare the fi nancial statements for the church. Short agreed to perform the service at no charge. He instructed a trainee accountant, Bruce, to do the work but not to spend too much time at it. Bruce immediately worked on the assignment but he did not follow ordinary accounting procedures, which would have revealed that a church employee, Smart Alec, was regularly stealing from the church’s funds. This carried on for two years and the church lost $20,000 due to Smart Alec’s stealing. Required: In relation to the law of obligations explain whether Short would be liable to the church for the sum of $20,000·00 for failing to timeously discover Smart Alec’s fraud. (10 marks)

问答题Explain the ‘constitutional jurisdiction’ of the High Courts of Pakistan under Article 199 of the Constitution of Pakistan, 1973. (10 marks)

问答题In relation to the law of contract, explain the general rules relating to the award of damages. (10 marks)

问答题(b) State the period of notice required in the event that either the employer or the employee wishes to terminate the contract of service by notice. (4 marks)

问答题(c) whether Jim can challenge the validity of the meeting on the ground that he did not receive notice of the meeting. (3 marks)

问答题In relation to the tort of negligence, explain the concept of ‘duty of care’. (10 marks)