问答题In relation to company law, explain the circumstances under which a company may be compulsorily wound up by the court. (10 marks)

问答题In partnership law, a partnership may be terminated at any time by one of the partners if they can show justa causa. With reference to relevant authorities explain what amounts to justa causa. (10 marks)

问答题(b) explain the specifi c meaning and effect of (i) a counter-offer; (3 marks) (ii) a unilateral obligation. (2 marks)

问答题-ZAO- Food operates several shops that sell fresh, processed and frozen foods to retail shoppers. Having taken a delivery of frozen foods from a supplier, the goods were placed in temperature-controlled display units in the shop. The display units were supplied by the frozen food manufacturer, who also provided documentation on how the units were to be used. Sasha, an employee in one of the shops, accidentally set the temperature of the frozen food storage units incorrectly. As a result, several customers complained that members of their families had become unwell after consuming frozen food purchased in the shop. Some customers have stated that they will take legal action to recover medical costs and lost wages due to absence from work. Sasha claims that he was not given training on the use of the display units. -ZAO- Food claims that the documentation supplied with the display units does not clearly indicate correct storage temperatures. Required: Discuss the potential liability of the frozen food manufacturer, -ZAO- Food, and Sasha for injury caused to the customers of the shop, and the matters that the court will take into account when attributing liability. (10 marks)

问答题Define and analyse the constituent elements of a simple contract. (10 marks)

问答题(c) State the consequence of failing to fulfil the duty of disclosure. (1 mark)

问答题(b) the purposive approach, including the mischief rule. (5 marks)

问答题Natasha is an experienced producer of drama, and her plays have been highly successful in major cities and towns in recent years. She has decided to embark on a highly ambitious production that will require a substantial investment. Despite her impressive record, Natasha’s usual sponsors have been unwilling to commit themselves to fi nancing her new proposal, considering it to be too risky. In order to develop this project further, Natasha has held meetings with Maria, who has indicated that she may be prepared to provide fi nance. Maria is moderately wealthy but wishes to limit her fi nancial exposure to the risks presented by Natasha’s proposal. She has suggested that they should form a legal entity in order to develop and stage the production. Although she has not ruled out collaborations in the future, Maria is unsure whether her commitment will extend beyond this particular project. Other than providing fi nance and taking a reasonable fi nancial return, Maria is not willing to get involved in the project itself. Required: Discuss the advantages and disadvantages of the alternative business forms that could be adopted by Natasha and Maria. (10 marks)

问答题(b) Explain how the powers and accountabilities of a sole executive body of a company limited by shares are determined. (5 marks)

问答题(b) explain the meaning and effect of endorsement. (6 marks)

问答题In relation to partnership law, explain the requirement that the business of the partnership must be carried on for the joint benefit of all the partners. (10 marks)

问答题(b) employees. (4 marks)

问答题(c) state the various powers of a liquidation administrator if an enterprise is pursuing a rectifi cation plan. (5 marks)

问答题Due to a recession in trade, Hancock Confectionary Ltd decides to sell its wholly owned subsidiary, Nougat Ltd. Nougat Ltd constitutes the greater part of Hancock Confectionary Ltd’s business. Garry, a director of both Hancock Confectionary Ltd and Nougat Ltd, agrees with the chief accountant of Nougat Ltd that they will together buy the subsidiary from Hancock Confectionary Ltd for R500 000. Required: Discuss the provisions of company law that apply to this transaction. (10 marks)

问答题(b) the measure of damages. (5 marks)

问答题Arjun, Bongsu and Chan are the directors of Cahaya Sdn Bhd, a company dealing in the export of timber. Last month, Arjun was sent to Japan on behalf of Cahaya Sdn Bhd to negotiate a contract with a Japanese company. Unfortunately the negotiations were not successful, and it was made clear to Arjun that the Japanese company did not want to offer any contract to Cahaya Sdn Bhd. Arjun reported this to the board of directors upon his return. Two weeks later he resigned from the company and managed to secure the contract with the Japanese company in his own name. He has made a very substantial profit from this contract. Cahaya Sdn Bhd has now discovered this and wishes to sue Arjun for breach of fiduciary duty as a director and recover the profit he has made. Required: Advise Cahaya Sdn Bhd on the legal position. (10 marks)

问答题In breach of contract cases Zimbabwean courts draw a line between material or patrimonial loss on the one hand and sentimental or emotional loss on the other hand. Required: In relation to the law of contract, explain the general approach of the courts to the award of damages for breach of contract. (10 marks)

问答题In relation to employment law, state how the courts decide whether someone is self-employed or is an employee. (10 marks)

问答题In relation to the Partnership Ordinance (Cap 38), explain the duties owed by a partner to the other partners of a partnership. (10 marks)

问答题(c) the consequences of any dividend being paid in breach of the rules. (3 marks)