问答题(c) state FOUR deductions which may be made from wages permitted under the Act. (4 marks)

问答题Goal Ltd is a property development company. Before its incorporation 12 months ago, its business was carried out by Hope, as a sole trader. On the formation of Goal Ltd, Hope expanded the business by asking three of his business contacts to supply additional capital in return for which they, together with Hope, became its directors. Although never formally appointed, Hope took the role and title of chief executive and the other directors left the day-to-day running of the business to him and were happy simply to receive feedback from him at board meetings. Six months ago Hope entered into a contract on Goal Ltd’s behalf with Ima to produce plans for the redevelopment of a particular site that it hoped to acquire. However, Goal Ltd did not acquire the site and due to its current precarious financial position and their fear of potential losses, the board of directors has refused to pay Ima, claiming that Hope did not have the necessary authority to enter into the contract with her. Required: Analyse the situation with regard to the authority of Hope to make contracts on behalf of Goal Ltd, and, in particular, advise the board of directors of Goal Ltd if the company is liable on the contract with Ima. (10 marks)

问答题(c) Explain whether Ho can gain access to the premium paid on the shares in Jet plc.(2 marks)

问答题Cathy was a secretary of ABC Ltd. Last Monday, she was late for the office by five minutes after she got out of bed late that morning. It was the first time that Cathy did not arrive at the office on time. The regulation of the company requires the employees to report for their duties punctually. To avoid problems, Cathy told the company that it was the traffic congestion that caused her to be late. This did not affect Cathy in the performance of her duties for the company. The company has discovered that Cathy’s explanation of her lateness was a lie. Required: In relation to the Employment Ordinance (Cap 57), advise the company as to whether there is any ground for the company to dismiss Cathy summarily. (10 marks)

问答题(b) money laundering. (5 marks)

问答题In relation to governance and ethical issues, explain how the concept of corporate governance has been applied in Zimbabwe. (10 marks)

问答题(b) Other than commencing a legal action, whether there is any other way through which the board of directors may be stopped from passing the resolution. (4 marks)

问答题(b) explain the specifi c meaning and effect of (i) a counter-offer; (3 marks) (ii) a unilateral offer. (2 marks)

问答题(b) Explain the circumstances under which a shareholder may demand the redemption of shares, and the procedure for redemption. (4 marks)

问答题In relation to company law, explain the duties owed by directors to their companies. (10 marks)

问答题Under the Contract Act, 1872, explain the rules relating to the assessment and award of damages for breach of contract. (10 marks)

问答题In April 2009, the board of Madikwe Ltd was approached by Joba, who offered to sell to Madikwe Ltd two sites each having planning permission for the construction of supermarkets. Tom, Bill and Rose are the directors of Madikwe Ltd. At the company’s board meeting, they rejected the offer, first because of the precarious financial position of the company, and secondly because it considered the purchase too speculative. In May 2009, Tom, Bill and Rose, acting on behalf of themselves and not Madikwe Ltd, incorporated a new company, Ngami (Pty) Ltd, which proceeded to purchase the sites from Joba. Tom, Bill and Rose are the only shareholders and directors of Ngami (Pty) Ltd. Ngami (Pty) Ltd then constructed the supermarkets and, in October 2009, sold them. Ngami (Pty) Ltd was then liquidated, with the result that Tom, Bill and Rose made a substantial profit. The shareholders of Madikwe Ltd subsequently learned of the personal gains made by their directors, dismissed the whole board and elected a new one. The new board is now considering legal action against Tom, Bill and Rose, in an attempt to force them to hand back to Madikwe Ltd the profits they have made. Required: Advise the new board as to whether Tom, Bill and Rose may be forced to account to Madikwe Ltd for the profits made. (10 marks)

问答题(c) state the legal remedy for a shareholder if he and the company fail to reach an agreement for the purchase of equity. (2 marks)

问答题Ahmed contracted with Ali to sell and deliver to him his Toyota Corolla for Rs 800,000. Ali paid Rs 800,000 to Ahmed on Monday. The car was to be delivered to Ali on Wednesday. However, on Tuesday there was a sudden riot in the city centre and the car was set on fire by an angry mob resulting in its complete destruction. Required: In relation to the law of contract, advise Ahmed and Ali on the impact of this event on their contract. (10 marks)

问答题Under contract law, explain what are the external essential requisites of a valid contract. (10 marks)

问答题Ivan is an antiques dealer. He imported two extremely rare statues, created by the same sculptor, and placed an advertisement in a specialist magazine offering them for sale at a price of 1 million roubles per statue. Ekaterina replied to the advertisement immediately by post, agreeing to pay 1 million roubles to purchase one statue. However, she then had doubts about whether the statue would be a good bargain and sent a fax on the same day that her letter was despatched to say that she had changed her mind. On the same day, Leonid replied to the advertisement by post, confi rming that he would be prepared to pay 800.000 roubles for one statue. Having been away on a business trip for a few days, Ivan arrived at his offi ce and read the letter and fax sent by Ekaterina and the letter sent by Leonid. He sent faxes to both customers confi rming that he would supply the statues immediately. In the fax to Ekaterina he informed her that her fax could not cancel the deal as she had accepted his offer. On the same morning, Nikolai visited Ivan and offered to purchase both statues for 1.5 million roubles each. Ivan accepted this proposal and sold the statues immediately. Required: Advise Ekaterina, Leonid and Nikolai whether or not they have entered into legally binding contracts. (10 marks)

问答题(b) An invitation to treat. (5 marks)

问答题(c) the civil and criminal jurisdiction of the High Court. (3 marks)

问答题Binh is a young trainee who works for the customer service team in the Relax Hotel. While helping Sell Limited, a corporate client, to set up a meeting room for a conference, she accidentally dropped expensive equipment belonging to the client, causing irreparable damage. As a result, the client could not deliver the presentation as scheduled, causing considerable embarrassment. Sell Limited claimed that its reputation has suffered, as the audience included several valuable customers. In addition, it had to replace the equipment at a cost of 150 million dong. Required: Discuss the obligations of Binh and the Relax Hotel for the losses suffered by the client. (10 marks)

问答题Henry is a non-executive director of Incredible Industries Ltd, a company that specialises in building. At a recent board meeting Henry learns that the company intends to buy a bulldozer for the construction of swimming pools. Henry’s wife, Jezebel, who regularly attends auction sales, by chance, recently bought a bulldozer for speculation purposes. Henry informs his wife of the proposed deal and she now plans to sell the bulldozer to Incredible Industries at a fairly large profit. Required: Advise Henry on the legality of the proposed sale and the possible steps he should take to safeguard his position. (10 marks)