问答题In relation to company law, explain the duties that directors owe to their companies. (10 marks)
问答题(c) state the various legal liabilities of a sponsor, in providing professional services, for his wrong doings or failure to perform his functions. (6 marks)
问答题In relation to the contract of employment, explain the grounds upon which dismissal of an employee may be regarded as fair. (10 marks)
问答题(b) state the conditions to be met for a party to claim the right of subrogation in the course of performing a contract. (7 marks)
问答题(c) state the various circumstances where a registration of change is required by the law. (6 marks)
问答题In terms of the Companies Act, 1995, explain the meaning and effect of limited liability of the shareholders of a private limited liability company. (10 marks)
问答题Harry and Bill ran a restaurant as a partnership business. Harry suggested to Bill several times that the partnership business would grow if it had a licence for staging live music shows by performing artists. Bill was totally opposed to it saying that it would change the character of the restaurant, increase overheads and drive away regular patrons. Nevertheless, without telling Bill, Harry asked Goodricks, an attorney, to apply for and obtain a licence. Goodricks did so and submitted his claim for R5,000 for his professional services. Bill refuses to authorise payment saying that the partnership never authorised Harry to instruct an attorney for such a licence.
Required:
In the context of the above facts, advise Bill if the partnership is bound to pay Goodricks. (10 marks)
问答题(a) explain the term right of lien; (4 marks)
问答题In relation to the law of partnership, explain and distinguish between a limited and an unlimited partnership. (10 marks)
问答题(b) an invitation to treat. (6 marks)
问答题In relation to the law of contract, explain the remedy of specifi c performance. (10 marks)
问答题Andrew is a fanatical birdwatcher who is always on the lookout for special prices on binoculars. He walks past a shop window in the small town of Pofadder and spots a pair of binoculars that he had long coveted, for the price of R400. Upon rushing inside to purchase the bargain, Bernie, the shopkeeper informs Andrew that the price was marked incorrectly and it is actually supposed to be R1,400.
Required:
Analyse the situation from the perspective of contract law and in particular advise Andrew if he is entitled to insist that Bernie sell him the binoculars for R400. (10 marks)
问答题(b) In particular advise Vic as to his position. (2 marks)
问答题(b) resolutive conditions. (5 marks)
问答题In relation to partnership law, state the grounds for the dissolution of a partnership. (10 marks)
问答题Az is an international metals broker with clients all round the world.
In January he entered into three contracts:
(a) the first, to supply Brad with 1,000 tonnes of aluminium;
(b) the second, to supply Chad with 1,000 tonnes of copper;
(c) the third, to supply Dan with 1,000 tonnes of tin.
Although Az had immediate access to the metals from his extensive reserves, delivery on all three contracts was to take place on 1 May. However, as he wanted to reduce his exposure to such a large inventory of metals Az decided to supply the metals to the three other parties earlier than the contract date; 1 March rather than 1 May.
Because Az’s inventory of aluminium was only 1,000 tonnes that is what he sent to Brad.
However, as he had larger inventory of copper and tin, he decided to send an additional 500 tonnes to both Chad and Dan, over and above their agreed amounts.
At the end of February, after Az had despatched the metals, the international metals market suffered a severe upheaval, with the price of copper falling by 50% and the price of tin increasing by the same percentage. The price of aluminium remained constant.
Required:
Advise Brad, Chad and Dan as to their rights under the UN Convention for the International Sale of Goods. (10 marks)
问答题(c) the European Court of Human Rights. (3 marks)
问答题In the context of close corporation law, explain how a close corporation can be bound in a contract. (10 marks)
问答题(b) outline the legal framework with respect to corporate governance in Cyprus. (6 marks)
问答题State and explain the grounds upon which a person may be disqualified under the Company Directors Disqualification Act 1986. (10 marks)
