Question
Misha saw an auction for an antique vase advertised by Dodi, the auctioneer in The Daily newspaper. The auction was to be held at the
Misha saw an auction for an antique vase advertised by Dodi, the auctioneer in The Daily newspaper. The auction was to be held at the Westin Hotel. She traveled to the auction only to bid for the vase. However, she discovered that the auction had been cancelled. Misha wants to take legal action against Dodi.
Later in the day, Misha decided that she wants to start a business in selling bananas. She met up with some lawyers to seek for advise on setting up a company. She registers her company known as 'Misha Inc'. She is a director of the company. Misha then signs a contract for the supply of bananas with a company named 'Banana Limited'. A few months later, Banana Limited defaulted on the terms of their contract. Misha is wondering if she were to sue Banana Limited under the Sales of Goods Act 1957, could she rely on implied terms. Misha has a worker who is constantly late and absent for. She is wondering if she could terminate the worker.
Advise Misha on these issues.
1) Can Misha bring a legal action against Dodi? (20 marks)
2) List and explain FIVE (5)effects of incorporation of a company.(20 marks)
3) Banana Limited defaulted on the terms contract. Discuss the following terms
to Misha pursuant to the Contracts Act 1950:
i)Damages
ii)Specific Performance (20 marks)
4) Discuss the process of termination of Misha's employee without notice as provided
under section 14 of the Employment Act 1955. What is constructive dismissal? (20 marks)
5) Explain THREE (3)duties of the director (Misha) under Company Law and define
FIVE (5)implied terms with reference to contract of Sale of Goods. (20 marks) [Total: 100 Marks]
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