问答题Describe the different classes of ‘workmen’ as stated under the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968. (10 marks)
问答题(b) when acceptance becomes effective. (5 marks)
问答题In relation to the legal system of the Hong Kong Special Administrative Region, explain the sources of law of the Special Administrative Region. (10 marks)
问答题In relation to the tort of negligence, explain the meaning of ‘duty of care’. (10 marks)
问答题(b) binding precedent and persuasive precedent. (6 marks)
问答题(b) the procedure (5 marks)
for challenging the appointment of an arbitrator.
问答题In relation to the tort of negligence explain the standard of care owed by one person to another. (10 marks)
问答题(b)Morgan Save bought a top of the range Mercedes Benz ML class from Gabriel Gushungo, who had imported the car directly from the production line in Bavaria, Germany. Morgan paid US$100,000, which represented all the costs involved in the importation of the car including clearance charges. Upon the car’s arrival in Harare, Gabriel decided to sell the same car to Arthur Samanyika for US$120,000. This range of car is unique in Zimbabwe and is not available on the local market and replacing the same car with another from Bavaria would now cost at least US$130,000. This is due to the fact that there has been a steep rise in transport and customs charges for imported luxury cars.
Required:
Explain whether Morgan is able to sue for specifi c performance. (5 marks)
问答题Axel is a German manufacturer who uses hydrochloric acid in his manufacturing process. In January 2010 he entered into a contract with Boris, a Russian wholesaler of chemicals, for the supply of 100 tonnes of hydrochloric acid to be delivered to his factory in Germany by 1 April. In March Boris found out that his supplier, the company, which actually manufactured the acid, was engaged in a long-standing industrial dispute and would not be able to supply the acid.
When Boris failed to deliver the acid by the agreed date Axel was forced to buy an alternative supply of acid to keep his production process operating. The cost of the replacement acid was considerably higher than the price agreed in the contract with Boris. As a result Axel intends suing Boris for breach of contract, claiming compensation for damages, consisting of the difference between the price of the acid established in the contract and the price at which he was obliged to purchase the acid from the third party. Boris denies any liability, claiming that the failure to supply the acid was due to circumstances beyond his control.
Required:
Within the context of Article 79 of the UN Convention on Contracts for the International Sale of Goods, advise the parties on the extent to which an impediment beyond their control may allow a person to avoid liability for breach of contract, and whether or not Boris will be liable for the damages suffered by Axel. (10 marks)
问答题Sam was employed by Insurance Company as a financial advisor and was given business cards which clearly stated so. However, in reality, the company had employed him to sell life insurance policies and nothing else. Peter approached Sam and told him that he had just sold his house for R800,000 and wanted some financial advice on where he should invest that money for a profitable return. He told Sam he would be willing to invest the entire sum for a period of three years for capital growth.
Sam advised Peter that he should lend this amount to Joe, who is a building contractor of some repute, and that he would most likely double this amount in three years time. He also promised Peter he would make sure Joe provided adequate security for the loan. Peter followed Sam’s advice.
Joe’s business collapsed soon thereafter. It became insolvent and the most that Peter can get out of the security that Joe provided is R100,000.
Required:
Advise Peter if he has a case against Insurance Company in the law of agency. (10 marks)
问答题(c) Redundancy. (4 marks)
问答题In terms of the Companies Act, 1995, explain the manner in which partnerships en nom collectif and en commandite are managed. (10 marks)
问答题(b) explain the relevant restrictions on the PERIOD of probation in a labour contract. (6 marks)
问答题In relation to the legal system, explain what is meant by case law and precedent within the context of the hierarchy of the courts. (10 marks)
问答题(b) the proposed personal liability of the directors for the company’s illegal activities. (5 marks)
问答题(b) state the rules that deal with the consequences where a contract is decided to be invalid. (6 marks)
问答题In relation to the legal system, explain the ‘Bill of Rights’, as contained in the Constitution of South Africa. (10 marks)
问答题(b) discuss the significance of consideration in contractual arrangements. (6 marks)
问答题In terms of the provisions of the Civil Code, explain the principal rights and obligations of the two parties to a mandate agreement. (10 marks)
问答题In the context of company law, discuss the common law fiduciary duties owed to a company by a director. (10 marks)
