[PDF] Corporate and Business Law (Lesotho)

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This paper is divided into two sections:

Section A - ALL 45 questions are compulsory and MUST be attempted Section B - ALL FIVE questions are compulsory and MUST be attempted Do NOT open this paper until instructed by the supervisor. You must NOT write in your answer booklet until instructed by the supervisor. This question paper must not be removed from the examination hall.

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kvt4)/. M : Mdd BC 15v34)/.3 r2v t/-05,3/29 r.u emkl sv r44v-04vuNote: Only five specimen questions provided. For full specimen exam, see F4 (GLO) Specimen paperPlease use the space provided on the inside cover of the Candidate Answer Booklet to indicate your chosen answer toeach multiple-choice question.1Whi ch of the following persons have full contractual capacity?

AInsolvents

BMarried women

CMinors

(1 mark)

2Whi ch of the following courts hears appeals from the Central Courts?

AThe Magistrates" Courts

BThe Subordinate Courts

CThe Judicial Commissioners Court

DThe Court of Appeal

(2 marks)

3Road Traffic Regulations provide that 'it is illegal to drive on the pavement". Benjamin is found riding a bicycle on the

pavement. He is charged with contravening the Regulations. He argues that he was not 'driving" but that he was

'riding". The court finds him guilty of contravening the Regulations. What rule of statutory interpretation is reflected by the judgement of the court?

AThe literal rule

BThe golden rule

CThe eiusdem generis rule

DThe mischief rule

(2 marks)

4Fundamental human rights and freedoms appear in the 1993 Lesotho Constitution. Which TWO of the following statements about these rights and freedoms are true?

(1)Fundam ental human rights and freedoms can only be enforced a gainst the state and not against private

individuals (2)Fundam ental human rights and freedoms are absolute

(3)Fundam ental human rights and freedoms are afforded to every person in Lesotho whatever their race, sex,

religious affiliation, nationality or social or ethnic origin

(4)Laws an d actions which are in conflict with fundamental human rights and freedoms are null and void

A(1) and (2)

B(2) and (3)

C(3) and (4)

D(2) and (4)

(2 marks) 5

CCarole knows that Sam wants to buy a house. Carole learns that Ben is selling his house. Carole contracts with Ben

for the sale of the house to Sam. Sam and Ben subsequently sign a contract for the sale of the house.

Which of the following describes how the agency relationship between Carole and Sam was formed?

AAppointment

BEstoppel

CRatification

D

Implication

(2 marks)

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Ogd-lsr A - 5FF CDaB u(gw-lsrw bvg dspt(owsv, bre LSOP cg b--gpt-geNote: Only one specimen question provided. For full specimen exam, see F4 (GLO) Specimen paper.Please write your answers to all parts of these questions on the lined pages within the Candidate Answer Booklet.1Lineo and Ts"epo were married in community of property in 2000. In 2010 Lineo unilaterally, and without Ts"epo"s

knowledge, took a loan from AOB Bank for M80,000. She pledged four flats belonging to the joint estate as collateral

for the loan.

Ts"epo argues that Lineo"s conduct is illegal under the Legal Capacity of Married Persons Act 2006. Lineo argues that

the Act does not apply because their marriage was contracted before the Act came into force.

Required:

(a)State the rights of spouses with respect to contracts involving the joint estate.(2 marks) (b)Explai n whether Lineo"s conduct is legal.(2 marks) (c)Explai n what remedy Ts"epo would have following Lineo"s actions.(2 marks) (6 marks) A

Answers

Ftmdalemsakr Leuek w Sihkkr Mndtke, Paoep F4 (LSO)Cnponpase amd Btrhmerr Lav (Lernsgn)Soechlem Amrvepr

Section A

1B 2C 3D 4C 5C

Section B

1(a )Spouses have equal powers to administer the joint estate, to dispose of assets of the joint estate, and to contract debts for

the joint estate. However, they must consult with each other first. In addition, a spouse must secure the consent of the other

spouse with respect to executing certain contracts.

(b)Lineo"s conduct is illegal because spouses have an obligation to consult each other with respect to the administration of the

joint estate. Further, a spouse must secure the consent of the other before alienating property belonging to the joint estate.

The Legal Capacity of Married Persons Act 2006 applies retrospectively to marriages contracted before its enactment.

(c)Ts"epo can apply for an adjustment in his favour either during the subsistence of the marriage or upon division of the joint

estate should their marriage be dissolved. 4

Fundamentals Level - Skills Module, Paper F4 (LSO)Corporate and Business Law (Lesotho)Specimen Marking Scheme

Section A

1-5One or two marks per question.

Section B

1(a )1 mark for each relevant point made up to the maximum 2 marks.

(b)1 mark for each relevant point made up to the maximum 2 marks. (c)1 mark for each relevant point made up to the maximum 2 marks. 4quotesdbs_dbs5.pdfusesText_9

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