问答题(c) shadow directors. (3 marks)

问答题(b) Causation. (5 marks)

问答题In terms of the Companies Act, 1995, explain and distinguish between wrongful and fraudulent trading. (10 marks)

问答题Waseem, aged 15, was very excited because he was to start summer camp at his school. However, his father was taking the family’s only car to Islamabad on business for a month. Waseem had been saving his pocket money for some time so he decided to buy a bicycle. The bicycle he liked was priced at Rs. 7,000·00, however Waseem had only Rs. 2000·00 with him. The shopkeeper knew Waseem and his father, so he allowed Waseem to take the bicycle on the promise to pay the remaining Rs. 5,000·00 on his father’s return. Waseem rode the bicycle to and from the summer camp for 15 days after which it was damaged in a fall. Waseem’s father has returned from the business trip and wants to return the bicycle. The shopkeeper has refused and wants the payment of the remaining Rs. 5,000·00. Required: Under the Contract Act, 1872, advise Waseem’s father on the status of the contract between Waseem and the shopkeeper, and any obligations that Waseem or Waseem’s father may owe to the shopkeeper. (10 marks)

问答题In terms of the Companies Act, 1995; (a) identify the contents of the partnership deeds of partnerships en nom collectif and en commandite and; (6 marks) (b) explain how changes may be effected to the partnership en commandite and en nom collectif partnership deeds. (4 marks)

问答题(b) Describe the matters that must be included in the constitutional documents of a limited liability company. (4 marks)

问答题In relation to the law of contract, explain what is meant by ‘tacit terms’. (10 marks)

问答题(b) State the remedies available for torts. (5 marks)

问答题In January 2011, Han, Ita and Jo formed a partnership, under the Partnership Act 1890, to run a pottery business trading under the name HIJ Potteries. On formation, Han introduced ￡6,000 into the business, Ita introduced ￡3,000 and Jo introduced ￡1,000. All of them took an active part in the operation of the business and the partnership agreement stated that all profits and losses should be divided in proportion to the capital contribution. However, as Jo was the person who would actually be making the pottery, it was agreed that she would not be liable for any more than her initial contribution towards any future debts. After some time, Han provided the partnership with a loan of ￡1,000 in order to sustain the operation of the business. Unfortunately, the business was not successful and made significant losses. The partners concluded that it would be best to stop trading and dissolve the partnership. Its assets were worth ￡5,000 and its external debts were ￡9,000. Required: In the context of the particular form of the partnership, explain the potential liabilities of Han, Ita and Jo for the partnership debts. (10 marks)

问答题Stavros, Tina and Myria are equal shareholders in STM Ltd, together holding 60% of the share capital of STM Ltd. STM Ltd is a private limited liability company, which adopts Table A as its articles of association. Tina decides to transfer her shareholding in STM Ltd to her friend Tom, but Stavros disagrees. Stavros would like STM Ltd to issue shares at a premium, and to use the premium for writing off the company’s preliminary expenses. Required: Advise Stavros. (10 marks)

问答题In relation to employment law, distinguish between an employee and an independent contractor. (10 marks)

问答题(b) the rules relating to the revocation of an offer. (5 marks)

问答题(c) state the rules on the transfer of the privately owned residential or commercial properties in a co-owned building by the owner. (2 marks)

问答题(b) Pledge. (6 marks)

问答题In relation to fraudulent behaviour, explain what is fraudulent trading and identify who is liable for fraudulent trading. (10 marks)

问答题In relation to the law of close companies, explain how a close company can be bound in contract. (10 marks)

问答题In relation to the Botswana Legal System, discuss the rules used by the Botswana courts in the interpretation of statutes. (10 marks)

问答题(b) Explain under which circumstances a company may be dissolved and wound up by the court. (3 marks)

问答题Kabelo is sitting with a group of his friends outside a restaurant by the river. He says that he will give P2,000 to anyone who can swim across the river. Kabelo puts the amount of the money on the table to show the seriousness of his challenge. Modisa is not with Kabelo’s group but is sitting at the table next to Kabelo. He hears the promise but does not say anything. Suddenly a child falls into the water from the other side of the river. Modisa dives into the water and begins to swim to her rescue. As Modisa is approaching the child, Kabelo shouts out: ‘Don’t think you are going to get my P2,000 because I am withdrawing the offer!’ Modisa nonetheless rescues the child and climbs out onto the other side of the harbour. Required: Explain whether Modisa can claim the P2,000 from Kabelo under the law of contract. (10 marks)

问答题(b) Explain the hierarchy of courts dealing with criminal law. (4 marks)