Please answer questions with clear explanation. Thank you.

1. Equity Investments Ltd (EIL) is constituted under the Companies Act 1993. EIL owns and operates the business of share investments. EIL has a registered constitution which provides, amongst other things, that its business shall be restricted to share investments. The board of directors of EIL observes that commercial real estate prices are rising in value faster than shares, and decides to purchase some commercial premises from Commercial Real Estate Limited (CREL) as an investment. Mark Jones, a former director of EIL, happens to be the lawyer acting for CREL in the negotiations. EIL and CREL have completed the commercial negotiations, but have yet to sign the contract for the sale and purchase of the commercial property.

Required:

a) Referring to relevant sections of the Companies Act 1993 in your answer, advise a shareholder whether she can prevent the contract from being signed.

b) Assuming the contract is signed, advise the board of directors of EIL whether EIL can avoid the contract, referring to relevant sections of the Companies Act 1993 in your answer.

2. Discuss whether the case of Trevor Ivory Ltd v Anderson [1991] 2 NZLR 517 is consistent with general principles of tort liability applicable to companies.

3. Discuss what kinds of criminal laws do not apply to companies, and explain why they do not apply?

4. The managing director of Marduk Industries Ltd retained certain cash sales and did not disclose them on the tax returns of Marduk Industries Ltd filed with the Commissioner of Inland Revenue. Required: Explain whether Marduk Industries Ltd could be criminally convicted of 'wilfully or negligently making false tax returns' giving legal reasons. In your answer you should refer to any relevant statutory provision and case law of which you are aware.