问答题(c) Explain the consequences of a violation of the procedures required to approve a transaction in which there is an interest. (2 marks)
问答题In relation to insolvency of a company:
问答题Under contract law, explain the effects resulting from the breach of a contract. (10 marks)
问答题(b) What would be Piper’s likely prospects of success if he were to approach the High Court to obtain an interdict to prevent the sale of the painting by Rover to Chancer. (2 marks)
问答题In relation to partnerships, explain the legal effects of death of a partner on the partnership. (10 marks)
问答题(b) Explain the provisions of the Civil Code in respect of the late performance of civil obligations. (7 marks)
问答题(b) With reference to the Employment Act 1955, explain:
(i) whether a contract of service can be made orally; and
(ii) whether an employer can, under the contract of service, restrict an employee from being involved in a trade union or in trade union related activities. (6 marks)
问答题Under the Maltese judicial system, explain the manner in which the courts are structured, highlighting the jurisdiction of the various courts. (10 marks)
问答题(d) state for what a property holder is entitled to claim if his immovables or movables are possessed by a party without legitimate reason. (2 marks)
问答题(c) The third resolution was to alter the name of the company from ABC Bhd to ZZZ Bhd. Manis, a member of ABC Bhd, has informed the company that she intends to take legal action to challenge the validity of the resolution. She has pointed out that the memorandum of the company contains a clause that the name of the company is unalterable.
Required:
Advise Manis whether she is likely to be successful if she challenges the validity of the resolution. (3 marks)
问答题(b) Explain how members of the Inspection Committee may be removed. (4 marks)
问答题In terms of the Companies Act, 1995, explain the procedure for decisions of an ordinary and extraordinary nature to be taken at general meetings of shareholders of companies. (10 marks)
问答题(b) the circumstances under which both a public and a private company can reduce its capital and the procedure to be followed. (6 marks)
问答题(c) state the rule relating to the award of liquidated damages for delay in performing the contractual obligation. (2 marks)
问答题(c) how the company should proceed in order to ban smoking throughout its premises. (2 marks)
问答题(b) Explain the basic procedure for making such an addition to the memorandum of association. (3 marks)
问答题KNN Ltd is a private company limited by shares. Kevin is a director and shareholder of KNN Ltd, holding 25% of the issued share capital of KNN Ltd. Louis was appointed auditor of KNN Ltd by the board of directors prior to the first annual general meeting. Kevin proposes to remove Louis from office and appoint his wife, Mary, as auditor of KNN Ltd.
Required:
Advise Kevin as to whether, and how, he can implement his two proposals. (10 marks)
问答题(b) Describe the different legal consequences that flow from a contract of service and a contract for services. (8 marks)
问答题In relation to company law, discuss the directors’ duty of care and skill. (10 marks)
问答题(b) state the grounds upon which a contract of employment may be terminated for a good and sufficient cause. (6 marks)