问答题(c) ‘undue influence’. (3 marks)
问答题Nhu had two laptop computers for sale.
Nhu wrote to Huong, offering one laptop computer for 6 million dong. Huong accepted the offer but after posting the acceptance changed her mind and sent another letter stating that she did not want the laptop. Both letters arrived at Nhu’s offi ce in the same delivery.
Nhu despatched the laptop to Huong with an invoice for 6 million dong.
Nhu wrote to Giang offering the second laptop computer for 6 million dong. Giang replied stating that he was only prepared to offer Nhu 5 million dong, which Nhu refused.
Two weeks later, Giang contacted Nhu again, accepting Nhu’s original offer of 6 million dong. Nhu had already sold the computer to another person.
Required:
Explain whether Nhu has entered into legally binding contracts with Huong and Giang. (10 marks)
问答题In relation to company law in Zimbabwe, explain the doctrine of capital maintenance and capital reduction. (10 marks)
问答题In relation to the legal system of the Hong Kong Special Administrative Region, explain and distinguish legislation from delegated legislation. (10 marks)
问答题In relation to the law of tort explain the concept of ‘remoteness of damage’. (10 marks)
问答题(b) the standard of care owed by one person to another. (5 marks)
问答题In terms of the Employment and Industrial Relations Act, 2002, explain the protection which is afforded to employees to ensure due receipt of wages. (10 marks)
问答题(d) explain the situation in which the underwriting with best efforts shall be deemed as a failure, and explain the statutory obligations of the issuer. (4 marks)
问答题In relation to company law, explain what is meant by corporate governance. (10 marks)
问答题(b) Describe the role of the following bodies in relation to promoting best practices in corporate governance:
(i) The internal auditors; (2 marks)
(ii) The external auditors. (2 marks)
问答题ABC WIRELESS Ltd is a private company limited by shares which was registered in August 2006 with authorised share capital CY£1.000. A&B CABLE Ltd is subsidiary to ABC WIRELESS Ltd. Paul, Mary and Tim are the directors of ABC WIRELESS Ltd, and ABC WIRELESS Ltd is the director of A&B CABLE Ltd. In February 2007, when the issued share capital of ABC WIRELESS Ltd was CY£800, the directors decided to raise money in order to finance the activities of ABC WIRELESS Ltd. Paul suggested that the company should issue shares at a discount, in order to attract existing shareholders to subscribe for new shares. Mary suggested that ABC WIRELESS Ltd should make a loan from its subsidiary, A&B CABLE Ltd, in which case a fixed charge could be created on the book debts of ABC WIRELESS Ltd.
Required:
Advise Tim as to the feasibility and procedure required to implement each of the suggestions of Paul and Mary respectively. (10 marks)
问答题(b) Sandy’s purchase of the car. (5 marks)
问答题(b) the removal of auditors. (5 marks)
问答题(b) Explain the conditions in respect of the issuance of business registration certificates. (4 marks)
问答题(b) discuss the tests applied by the courts to determine the existence of a contract of service. (6 marks)
问答题(c) Private business corporation. (4 marks)
问答题(b) (i) Explain and distinguish a scheme of arrangement from a reconstruction of a company; (3 marks)
(ii) State any TWO matters that the court can provide for, in an order for facilitating a reconstruction or amalgamation of companies. (4 marks)
问答题(b) Explain the rights and duties of the Chairman of the Members’ Council. (4 marks)
问答题(b) Explain whether there will be any consequences to the board of management or to Vinh personally of the decision to repay the loan ahead of schedule. (5 marks)
问答题(b) describe:
(i) an annual general meeting; (3 marks)
(ii) an extraordinary general meeting. (3 marks)
