问答题(c) issued share capital. (3 marks)
问答题In relation to the legal system of Lesotho, explain how the Roman–Dutch law was introduced in Lesotho. (10 marks)
问答题(b) redundancy. (5 marks)
问答题(b) Discuss the implications of separate legal personality for effective corporate governance. (5 marks)
问答题(b) the reasons for compulsory winding up. (6 marks)
问答题David and Eddy had been friends working together for a long time. Both of them are construction workers. As regard the practice between them, it was David who entered into contracts with the construction companies. Afterwards, the contracts were performed by both of them.
All the tools for performing the contracts were supplied and arranged by David. David would pay Eddy his part of remuneration for the performance of each of the contracts before David received the whole contract sum from the construction company.
Last month, Eddy suffered injury when he worked on a contracted job on a construction site. Under the law, an employer has to pay his employee compensation if the employee suffers personal injury in the course of performing the employment contracts. David has refused to pay Eddy employee compensation on the ground that they were working together as partners.
Required:
In relation to employment law, advise Eddy as to his entitlement for employee compensation from David. (10 marks)
问答题(b) state whether Buyer’s claims for liquidated damages and damages should be supported by the court. (5 marks)
问答题(b) Having ordered the chocolates, Trang discovered that they were an inferior brand and informed the supplier that he would only pay 60% of the agreed price.
Explain the potential consequences of this decision. (3 marks)
问答题Clean Ltd was established some five years ago to manufacture industrial solvents and cleaning solutions, and Des was appointed managing director.
The company’s main contract was with Dank plc a large industrial conglomerate.
In the course of its research activity, Clean Ltd’s scientists developed a new super glue. Des was very keen to pursue the manufacture of the glue but the board of directors overruled him and decided that the company should stick to its core business.
The managing director of Dank plc is a friend of Des’s and has told him that Dank plc will not be renewing its contract with Clean Ltd as he is not happy with its performance. He also told Des that he would be happy to continue to deal with him, if only he was not linked to Clean Ltd.
Following that discussion Des resigned from his position as managing director of Clean Ltd and set up his own company, Flush Ltd which later entered into a contract with Dank plc to replace Clean Ltd. Flush Ltd also manufactures the new glue discovered by Clean Ltd’s scientists, which has proved to be very profitable.
Required:
In the context of company law, advise the board of Clean Ltd as to whether they can take any action against Des or Flush Ltd. (10 marks)
问答题(b) explain the legal obstacles that stand in Sandra’s way as a director of the company in light of her conviction for fraud four years ago. (3 marks)
问答题(b) Whether he can take an action against Hillary for the breach of her fiduciary duties. (6 marks)
问答题(b) the doctrine of precedent. (4 marks)
问答题Ada, Beatrix and Collins have been friends for a long time. Recently, they have an idea of conducting business for profit together and want to start running the business as soon as possible. All of them want to take part in the dayto-day management of the business.
Since all of them have limited budgets, they do not want to invest too much money in the formation of the business. It is also their wish to keep any personal loss in the business within a particular limit.
Required:
Advise Ada, Beatrix and Collins as to the different forms, or what types, of business organisation for carrying on business in the Hong Kong Special Administrative Region which are appropriate/could meet their requirements. (10 marks)
问答题(b) the original jurisdiction of the Supreme Court of Pakistan to enforce the Fundamental Rights. (5 marks)
问答题Chi, Di and Fi formed an ordinary partnership to run an art gallery. Each of them paid $100,000 into the business. As Fi had no prospect of raising any more money it was agreed between them that her maximum liability for any partnership debts would be fi xed at her original contribution of $100,000. The partnership agreement specifi cally restricted the scope of the partnership business to the sale of ‘paintings, sculptures and other works of art.’ In January 2010 Chi took $10,000 from the partnership’s bank drawn on its overdraft facility. She had told the bank that the money was to fi nance a short-term partnership debt but in fact she used the money to pay for a holiday. In February Di entered into a $25,000 contract on behalf of the partnership to buy some books, which she hoped to sell in the gallery.
Required:
Advise Chi, Di and Fi as to their various rights and liabilities in relation to the operation of the business under partnership law. (10 marks)
问答题In relation to partnership law, discuss the essentials that will distinguish the partnership agreement from other agreements. (10 marks)
问答题(b) the circumstances under which an offer may be terminated. (5 marks)
问答题In relation to company law, describe the differences between the various classes of shares. (10 marks)
问答题Ali is an antique dealer and one Saturday in November 2007 he put a vase in the window of his shop with a sign which stated ‘exceptional piece of 19th century pottery – on offer for €500’.
Ben happened to notice the vase as he walked past the shop and thought he would like to have it. Unfortunately, as he was late for an important meeting, he could not go into the shop to buy it, but as soon as his meeting was finished he wrote to Ali agreeing to buy the vase for the stated price of €500. The letter was posted at 11:30 am.
Later on the same day, Chet visited Ali’s shop and said he would like the vase but was only willing to pay €400 for it. Ali replied that he would accept €450 for the vase, but Chet insisted that he was only willing to pay €400 and left the shop. However, on his journey home Chet realised that €450 was actually a very good price for the vase and he immediately wrote to Ali agreeing to buy it for that price. His letter was posted at 12:30 pm.
Just before closing time at 5 pm. Di came into Ali’s shop and she also offered €400 for the vase. This time Ali agreed to sell the vase at that price and Di promised to return the following Monday with the money.
On the Monday morning Ali received both of the letters from Ben and Chet before Di could arrive to pay and collect the vase.
Required:
From the point of view of the law of contract advise Ali as to his legal relations with Ben, Chet and Di. (10 marks)
问答题(b) Within the context of corporate governance examine the role of, and relationship between executive directors and non-executive directors. (6 marks)
