103 business law help.

1.15 Which of the following is correct? () Purchasing a "shelf company" enables business to commence more quickly. ii It is generally cheaper to purchase a "shelf company" than to arrange for a solicitor or accountant to register a new company. Incorporating a company by registration enables the company's documents to be drafted to the particular needs of the incorporators A () and (ii) only. B (ii) and (iii) only. C (i) and (iii) only. D (), (ii) and (iii). 1.16 Which ONE of the following is INCORRECT? A If a company's object is to carry on business as a "general commercial company", the company may carry on any trade or business whatsoever. B If a company acts outside its objects clause, it has acted ultra vires and the transaction is void. C A company may ratify an ultra vires act by passing a special resolution. D Any shareholder may apply for an injunction to prevent the directors from taking the company into an Wtra vires transaction. 1.17 Which of the following statements is correct? () The Memorandum of Association of a private company limited by shares may be altered by special resolution. ii) The Memorandum of Association of a private company limited by shares may be altered by a written resolution. (iii) The Memorandum of Association of a private company limited by shares may be altered by an ordinary resolution. A (i) only. B (ii) only. C (i) and (ii) only. D (i) and (ili) only.1.18 Bee Lid has an issued share capital of 1,000 ordinary shares of $1 each. Some of the shareholders would like to pass an elective resolution in order to dispense with the need to re-appoint the auditor annually. What is the minimum number of votes which must be cast in order to pass the resolution? A 500. B 501. C 750 D 1,000. 1.19 Which ONE of the following is correct? A A company intending to issue new shares for cash must first offer them to the directors. B A company may dispense with the requirement to first offer new shares to the directors by passing a special resolution. C A company issuing new shares for cash must first offer them to the existing members. D A company issuing new shares for a non-cash consideration must first offer them to the existing members. 1.20 Which ONE of the following is INCORRECT in relation to an increase in a company's authorised share capital? A The board must resolve to increase the authorised capital. B The shareholders must pass a resolution to increase the authorised capital. C The authorised capital clause is contained in a company's Memorandum of Association. D The increase in authorised capital must be confirmed by the court. 1.21 Which ONE of the following is correct? 4 The shareholders may dismiss a director irrespective of anything in the company's Articles of Association if they pass an ordinary resolution to do so, of which special notice has been given to the company B The shareholders may dismiss a director irrespective of anything in the company's Articles of Association if they pass an extraordinary resolution to do so, of which special notice has been given to the company. C The shareholders may dismiss a director irrespective of anything in the company's Articles of Association if they pass a written resolution to do so, of which special notice has been given to the company. D The shareholders may dismiss a director irrespective of anything in the company's Articles of Association if they pass an elective resolution to do so, of which special notice has been given to the company.K 4. Don was negligently driving south on Merdock Avenue when his car rear-ended a card n by .. . Patty. The force of the impact forced Patty to rear-end Terry's car. In turn, the fo of the second impact caused Terry's car to hit a lamppost, which then fell on a house owned by Paul. The force of the impact scared Paul, causing him to immediately have a heart attack. Paul sues Don for negligence. If Paul recovers, the most likely reason is: a. Paul was able to prove that Don proximately caused Paul's injuries. b. Paul was able to prove that the damages he suffered were actually caused by Don. C . Paul was able to prove that Don breached a duty of due care owed by Don to Paul. d. Paul was able to prove all of the above (a, b & c). 5. Sammy agreed to sell and Larry agreed to buy Sammy's car for $400, payable upon delivery. Sammy delivered and left the car with Larry. However, Larry failed to pay Sammy the $400. After eight years had passed following the delivery and acceptance of the car by Larry, Sammy sued Larry in state court for failure to pay him the $400. Based only on the above stated facts, which of the following statement is most accurate? Assume the UCC applies and the statute of limitations for oral contracts is two years and for written contracts is four years. a. No contract was ever created between Sammy and Larry. b. A contract was created but likely not enforceable because the statute of limitations has expired. c. A contract was created, but it is only enforceable if it is in writing. d. A contract was created and is enforceable. . Bill purchased a can of Sipep from the Ajax Minimart. After he finished drinking the Sipep, Bill noticed that the can contained dead insects stuck on the inside bottom of the can. In a strict product liability tort action against Ajax, Bill must prove, among other things, that: a. Ajax is a merchant selling Sipep. b. Ajax knew or should have known of the defective condition. c. Ajax had prior notice of other similar problems with Sipep products. d. Ajax actually placed the dead insects into the can. 7. Under which of the following situations does strict product liability apply? a. Sale of a defective and unreasonably dangerous product. b. Manufacture of a defective and unreasonably dangerous product. c. Both (a) and (b) are correct. d. Neither (a) nor (b) are correct. 8. On May 1, Back-Talk Computer Store offerd to sell five (5) computer servers to Gatekeeper Company for $5,000.00 each, delivery to be on May 30. Later that day (May 1), Gatekeeper responded that it would buy the computers only if they were delivered within three business days. Back-Talk notified Gatekeeper the next day, May 2, that it would not be able to deliver the goods within the time requested by Gatekeeper. Which of the following is true regarding Back-Talk's offer? a. There is no contract between Back-Talk and Gatekeeper. b. Gatekeeper's additional term became part of the contract, so Back-Talk is obligated to deliver the goods within three business days. C. Back-Talk's offer was accepted by Gatekeeper d. Gatekeeper may later accept Back-Talk's May I offer if it is then willing to accept delivery in four weeks.Question Three During the sale of a motor car by S (Motor Dealers) Lid to Anne, the company told her that the car had travelled only '5,000 miles since the installation of a new engine and gearbox". After purchasing the car, Anne paid $700 to have the car repainted, but later discovered that it had travelled more like 50,000 miles since the installation. She attempted to return the car and obtain a refund, but S (Motor Dealers) Ltd refused because it had honestly believed its statement to be correct. As a result, Anne is considering taking legal action against the company for misrepresentation. Please do not write in these columns below For use For use Required: by the by the Marks second first available marker marker al In no more than 30 words (in the shaded area below), define misrepresentation. (b) State (in the shaded area below), the three types of misrepresentation. NNN c) In no more than 30 words (in the shaded box below), identify the type(s) of misrepresentation S (Motor Dealers) Lid has made and the remedy available to Anne. (d) In no more than 30 words (in the shaded area below), explain whether the statement by S (Motor Dealers) Lid to Anne is also a term of the contract. Total: 18 Total for Question Three = 18 Marks* 2=15] Q6. What are the restrictions imposed by Factories Act, 1948 on the employment of women in a factory