问答题In relation to contract law, analyse the effect of a breach of contract. (10 marks)

问答题(b) Explain David’s position in terms of the Insider Dealing and Market Abuse Offences Act Cap 476 if he decides to purchase shares in the company following receipt of the information on the take-over. (3 marks)

问答题(b) Distinguish between ordinary, special and written resolutions. (5 marks)

问答题(b) Explain the ways in which an offer may be revoked as provided under the Contracts Act 1950. (5 marks)

问答题OOO Trade is an importer and distributor of foodstuffs. It has entered into a contract of commission with Alexei through hich Alexei will sell 100 cases of caviar and 100 cases of wild mushrooms. Under the contract, OOO Trade has nsisted that cases of caviar will be sold for no less than 5.000 roubles per case and that cases of wild mushrooms will e sold for no less than 2.000 roubles per case. The parties to the contract also agreed on a commission fee of 25.000 oubles. Alexei soon found a buyer for the caviar who was prepared to pay 7.000 roubles per case. However, he has reater diffi culty in fi nding a buyer for the wild mushrooms and decided to sell them in the general market place for .500 roubles per case. Subsequently, the buyer of the caviar complained that the produce was of inferior quality and stated that he was onsidering legal action. Required:

问答题Hai has been informed that JKL Limited, a company in which he owns shares, has become insolvent. He had previously made several investments in shares and bonds issued by the company. The initial investment was a purchase of partly paid shares at half their nominal value. Encouraged by the capital growth and dividends on the investment immediately after the investment, Hai then purchased further shares at a price in excess of their nominal value. Hai also invested in bonds issued by the company. Hai’s brother has informed him that there is no need to worry as the bondholders will be given priority for the return of their capital, that there will be no further liability arising from the first purchase of shares and that the premium paid for the second purchase of shares can be recovered from the liquidator. Required: Discuss Hai’s potential rights and obligations arising from his ownership of the securities. (10 marks)

问答题(b) state which party shall bear the risks and costs when a debtor deposits the subject matter. (4 marks)

问答题(c) advise Rahman on the implications of the appointment of his wife as the chief executive of OCPL. (2 marks)

问答题JKB stores (‘JKB’) is a franchisee of Zike International (‘Zike’). Under their franchise agreement, JKB has provided Zike with a bank guarantee of rupees 2,000,000 issued in favour of Zike by Friendly Bank (‘Bank’). Since then the following events have occurred: (a) JKB has defaulted and Zike has requested the Bank for the encashment of the guarantee in its favour. (b) The Bank has refused on the ground that it did not receive any consideration from Zike for providing the guarantee, therefore, Zike should approach JKB. Required: Analyse the situation from the perspective of contract law and advise Zike as to its future course of action. (10 marks)

问答题In relation to the courts’ powers to interpret legislation, explain and distinguish between the literal rule, the golden rule and the mischief rule. (10 marks)

问答题(b) the doctrine of privity. (5 marks)

问答题(d) whether Das has any right of action against Ali. (2 marks)

问答题Clare, Dan and Eve formed a partnership 10 years ago, although Clare was a sleeping partner and never had anything to do with running the business. Last year Dan retired from the partnership. Eve has subsequently entered into two large contracts. The first one was with a longstanding customer Greg, who had dealt with the partnership for some five years. The second contract was with a new customer Hugh. Both believed that Dan was still a partner in the business. Both contracts have gone badly wrong leaving the partnership owing ￡50,000 to both Greg and Hugh. Unfortunately the business assets will only cover the first ￡50,000 of the debt. Required: Explain the potential liabilities of Clare, Dan, and Eve for the partnership debts. (10 marks)

问答题Andrew and Ben were partners who owned a steak house. Andrew was quite keen to enlarge the business premises to accommodate more customers. Ben was opposed to it and said that they could not afford it. Andrew then contracted with Carol, an architect, to draw plans for the extension of the steak house. Carol did so and submitted an account for R10 000 for her professional services. Ben refuses to authorise payment and states that Andrew never had authority to contract with Carol. Required: Discuss whether the partnership is liable to pay Carol. (10 marks)

问答题(c) Explain whether Helena and Yuri will be able to make a claim against the bank for permitting the withdrawal f 700.000 roubles made by Rosa. (3 marks)

问答题Explain the jurisdiction and powers of the supreme court of Pakistan as envisaged by the Constitution of Pakistan, 1973. (10 marks)

问答题(d) explain against whom Mr Zhang should act in law for the recovery of the mini-bus. (3 marks)

问答题The memorandum of association of Continental (Pty) Ltd states that the main object of the company is to construct buildings in Gauteng. Article 5 of the company’s articles authorises the managing director to enter into all contracts on behalf of the company. Article 6 provides that any contract involving an amount in excess of R400,000 requires the prior consent of the shareholders in a general meeting. The managing director buys a truck in the name of the company at a price of R600,000, without the prior consent of the shareholders in a general meeting as required by Article 6. The seller of the truck admits that she has never read the articles of association of the company. Required: Discuss whether the contract is binding on the company. (10 marks)

问答题In relation to the formation of a company limited by shares, explain the provisions of the Federal Law on Companies imited by Shares applicable to:

问答题(c) Describe the role of the Standing Committee of the National Assembly. (4 marks)