Question 7

Capybara Enterprises just elected its board of directors for the first time. Irina is an external consultant to the Capybara Enterprises, who is assigned with the task of making a presentation to the newly elected board of directors as to what they must do and what they must expect at the next annual general meeting.

(a) What is meant by Annual General Meeting? (2 marks)

(b) What are the rules to call for an Annual General Meeting? (5 marks)

(c) What are the decisions normally taken in an Annual General Meeting? (5 marks)

(d) What are the differences between an Annual General Meeting and Other General Meetings? (3 marks)

Question 8

It is not necessary, for the purposes of the doctrine of vicarious liability that the employer be in breach of any duty owed to the injured party. What is required is that the wrongdoer be an employee and the wrong done is in connection with what he is employed to do.

(a) With the help of examples, explain the differences between the Control Test and the Organizational / Integration Test (5 marks)

(b) Namor works at Hagel's Bagel Cafe' as a waiter. One day, Namor accidentally trips and spills hot crab soup over a customer. The customer is injured with third degree burns to his hands and face. Namor is threatened with a lawsuit, and he is now seeking your assistance in this matter.

(i) Assuming Namor is a permanent employee of Hagel's Bagel Cafe', will Namor be able to seek the benefit from the doctrine of vicarious liability? Explain your answer. (6 marks)

(ii) Would your position change if Namor was working at Hagel's Bagel Cafe', on a volunteer basis or for daily wages? (4 marks)