问答题In relation to the Lesotho legal system and the interpretation of statutes, explain the literal rule and provide one example of its application. (10 marks)

问答题Explain the legal consequences arising from the fact that a company is a separate legal entity and is distinct from its members. (10 marks)

问答题(c) Describe the obligations of ordinary shareholders. (4 marks)

问答题Dube and Eddy are members of Fragrance CC. Dube recently discovered that Eddy neglected to pay one of the suppliers of Fragrance CC timeously, causing the supplier to cancel all of its orders. Fragrance CC stands to lose quite a lot of money as it will not have enough merchandise to sell during the upcoming holiday season. Dube also found out that Eddy has privately been selling Fragrance CC merchandise, in direct competition to the company. Required: Advise Dube on fi duciary duties and duties of care and skill owed by the members of a close corporation to their corporation. (10 marks)

问答题(b) state how Ms Lee should deal with the current situation. (5 marks)

问答题In relation to employment law:

问答题Tsogo Holdings operates a resort known as the Best Fun Resort in Maseru. The resort is very popular and on weekends more than 20,000 persons visit it. All entrances to the resort have security guards who have strict instructions to prevent people from entering the resort with anything that may endanger the security of other patrons. One Mike, a regular visitor, was asked if he had any such thing. He opened his jacket to show that he did not have any but did, in fact, have a small ejector knife in his trouser pocket. The security guards carried metal detectors and would have discovered it had they used it on Mike but they did not. Later, Mike had a quarrel with another resort visitor, Shan, outside the resort in its car park and, in the course of that quarrel, used the knife which seriously injured Shan. Required: Analyse the situation from the perspective of the law of delict and, in particular, advise Shan if he has a valid claim against Tsogo Holdings. (10 marks)

问答题Under the Constitution of Pakistan, 1973, explain the process of passing legislation in the Parliament (Majlis-e-Shoora). (10 marks)

问答题Andrew wants to buy Ben’s fixed-wing propeller aeroplane. He is not sure whether the contract should be in writing. He is also not sure what the consequences would be if they decide to enter into a written contract. Required: Advise Andrew on the validity of an oral or written contract. (10 marks)

问答题In relation to the law of delict, define the meaning of causation and the approach of the courts when determining it. (10 marks)

问答题OOO Consult offers business advisory services. The company decided to make major improvements to the reception rea of its main offi ce and entered into a contract with OOO Fix to carry out the necessary work. In order to install new lighting, employees of OOO Fix had to dig a hole in the area where customers wait for their ppointments. During the course of this work, Anna, a customer of OOO Consult, suffered injury after tripping on bricks hat had been removed by the workers and left on the fl oor. Anna subsequently had to take one month’s sick leave and ad to pay for medical care. Required:

问答题(b) The doctrine of privity of contract. (4 marks)

问答题(b) Explain the procedure for the variation of class rights as provided for under Table A of the Fourth Schedule as well as the protection afforded to a shareholder who had objected to such a variation. (5 marks)

问答题(c) terms incorporated by reference. (4 marks)

问答题(b) Explain any FOUR provisions which protect human rights as enshrined in the Federal Constitution. (8 marks)

问答题OAO Trade is experiencing severe fi nancial difficulties and must raise cash quickly if it is to survive. Andrei, the general director, has suggested that the company should sell its prestigious Moscow offi ces and then lease alternative premises, thereby securing the future of the company in the medium-term. Andrei has also informed his colleagues that a company in which his family owns 30% of the shares is prepared to purchase the Moscow offi ces, though it would expect to pay somewhat less than the full market value of the premises in return for a quick purchase. Andrei’s recommendation has angered some of the shareholders in the company, as the offi ces represent a substantial proportion of the company’s assets. Required: Explain how the shareholders are protected in this situation, and the actions they can take in order to ensure that the best interests of the company are served. (10 marks)

问答题(b) Explain the authority of partners in relation to partnership activities. (5 marks)

问答题(c) FOB. (4 marks)

问答题(b) explain when a company may be deemed unable to pay its debts. (6 marks)

问答题In terms of the Companies Act, 1995 a company is said to have a separate legal personality. Explain the circumstances in which the corporate veil may be lifted. (10 marks)