问答题(c) rejection. (3 marks)
问答题Doc, a supplier of building materials, entered into the following transactions:
(a) An agreement to sell some goods to a longstanding friend, Ed. The contractual document, however, actually stated that the contract was made with Ed’s company, Ed Ltd. Although the materials were delivered, they have not been paid for and Doc has learned that Ed Ltd has just gone into insolvent liquidation. (4 marks)
(b) Doc had employed a salesman, Fitt, whose contract of employment contained a clause preventing him, Fitt, from approaching any of Doc’s clients for a period of two years after he had left Doc’s employment. Doc has found out that, on stopping working for him, Fitt has started working for a company, Gen Ltd, wholly owned by Fitt and his wife, and is approaching contacts he had made while working for Doc. (6 marks)
Required:
In the context of company law advise Doc as to the legality and likely outcome of the above situations.
Notes:
– in (b) the legality of the restraint of trade clause in Fitt’s contract of employment may be assumed; and
– the mark allocation is shown against each of the transactions above.
(10 marks)
问答题Discuss if agency can be created, or its scope extended, retrospectively. (10 marks)
问答题In January 2009, Amy started a business as an independent website designer.
To give her a start in her career, her brother Ben, who ran a retail business, said he would give her €1,000 if she updated his business website. At the same time, her friend Che asked her to do work for his business, also for a set fee of €1,000.
However, by the time Amy had completed the two projects her design business had become a huge success and she had lots of other business. When Ben and Che discovered how successful Amy’s business had become they both felt that they should not be asked to pay for the work they had commissioned.
Ben said he would not pay anything as he had only offered the work to help his sister out. Che said he would not pay anything either, on the basis that he had only given her work to do on the basis of their friendship.
Required:
Advise Amy as to whether she can insist on Ben and Che paying the full amounts of their initial promises. (10 marks)
问答题(b) reckless trading under s.297A of the Companies Act 1963. (5 marks)
问答题In relation to the law of contract, explain what is meant by breach of contract, paying attention to anticipatory breach. (10 marks)
问答题In the context of company law, discuss the ways in which the directors of a company are appointed to their offi ce. (10 marks)
问答题(b) explain who shall be retained with priority by an employer when it reduces its workforce under the above circumstances. (5 marks)
问答题In relation to employment law, explain the THREE remedies available to employees who have been unjustifiably dismissed. (10 marks)
问答题(b) state the reasons why a joint stock company is generally not allowed to purchase its own shares, except under special circumstances. (4 marks)
问答题(b) State how to deal with the matter of the lack of full capital contributions by some of the shareholders of Jianshe Co. (3 marks)
问答题With reference to the Partnership Act 1961, explain FIVE ways by which a partnership may be dissolved. (10 marks)
问答题In relation to the legal system of Cyprus, explain the main functions of the Constitution of Cyprus. (10 marks)
问答题(b) The creation of an agency relationship by:
(i) Agreement; and (3 marks)
(ii) Necessity. (4 marks)
问答题(b) What rights the partnership may have with respect to the ‘Barnes contract’. (5 marks)
问答题(b) Explain the provisions of the Civil Code in respect of the matters that can only be decided by the shareholders of a limited liability company acting collectively in a general meeting. (5 marks)
问答题(b) Describe the various kinds of ‘tort’. (8 marks)
问答题(b) describe what accounting records will have to be produced and maintained by a company. (6 marks)
问答题(b) Explain the provisions of the Civil Code in respect of invalid civil contracts. (5 marks)
问答题Explain the concept of corporate governance in the context of both public and private companies. (10 marks)
