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Section A: Business Law Answer Two (2) Questions From This Section

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SECTION A: BUSINESS LAW

Answer two (2) questions from this section

QUESTION 1
a] Explain the general common law rules regarding the form of a contract and state the
statutory exceptions to the rules. Illustrate your answer with examples.
(10 marks)
b] Distinguish between “an invitation to treat” and “an offer”. (10 marks)

(Total: 20 marks)

QUESTION 2

a] State four of the grounds for the termination of contract of employment as provided under
the Labour Act, 2003 (Act 651).
(12 marks)
b] The workmen’s compensation Law, 1987 (PNDCL 187) provides for the payment of
compensation by the employer to workmen for injuries arising out of employment.
Explain the conditions under which the employer may not be held liable for a workman’s
injuries under the law.
(8 marks)

(Total: 20 marks)

QUESTION 3

a] Explain the term “protected goods” as described under the Hire Purchase Decree 1974
(NRCD 292).
(8 marks)

b] What, if any, are the remedies available to the hirer or buyer of “protected goods” which
have been recovered by the seller without recourse to court action?
(12 marks)

(Total: 20 marks)

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SECTION B: COMPANY LAW
Answer two (2) questions from this section

QUESTION 4

Examine the relationship of an Auditor to the Company and analyse his rights under the
Companies Code.
(20 marks)

QUESTION 5

a] What is meant by the “Veil of Incorporation” under Company Law?


(8 marks)

b] Explain the circumstances under which the courts will lift the “Veil of Incorporation” and
ascribe liability to the persons who control it. Give examples for your answer.

(12 marks)

(Total: 20 marks)

QUESTION 6

a] Identify any two persons who may petition the court for the official winding up of the
company.
(4 marks)

b] Explain the circumstances under which the company may be ordered by the court to wind
up.
(16 marks)

(Total: 20 marks)

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SECTION C: PARTNERSHIP LAW
Answer one (1) question from this section

QUESTION 7

a] Outline the requirements for publicity for partnership firms registered under the
Incorporated Private Partnership Act, 1962 (Act 152).
(8 marks)

b] Explain the nature of a partnership firm registered under the Incorporated Private
Partnership Act, 1962 (Act 152).
(12 marks)

(Total: 20 marks)

QUESTION 8

Analyse the extent to which outgoing and incoming partners are liable to the debts of a
partnership.
(20 marks)

Page 3 of 3

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