Business Law - Continuous Assessment 1

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Questions and Answers

Ms. Mutinta Chembe signed a contract on behalf of Clay Colours Limited for the purchase of what items from Chembe Furniture Limited?

Several pieces of furniture

What was the legal issue raised by the directors of Clay Colours Limited regarding the purchase of furniture from Chembe Furniture Limited?

  • The price of the furniture was excessive.
  • The furniture was not delivered on time.
  • The transaction was improper. (correct)
  • The contract was not properly signed.

What legal advice should the Administrative Board for Clay Colours Limited provide to the directors regarding the contract for furniture?

The Administrative Board should advise the directors on the legality of the contract, considering its implications on the company and potential liabilities. They should refer to relevant legislation and case law to support their decision.

What specific piece of legislation should be referenced in advising the directors of Clay Colours Limited about the contract for furniture?

<p>The Companies Act of 2017</p> Signup and view all the answers

What is the nationality of Brian Zulu?

<p>Zambian</p> Signup and view all the answers

How many years has Brian Zulu been living in Canada?

<p>Three years</p> Signup and view all the answers

What is the name of Brian Zulu's cousin who is collecting rentals from tenants in Zambia?

<p>Benson Zimba</p> Signup and view all the answers

Brian Zulu has been depositing the rental money from his Zambian properties into his bank account.

<p>False (B)</p> Signup and view all the answers

What is Brian Zulu's current goal regarding his Zambian properties?

<p>To sell all of his properties and avoid further complications.</p> Signup and view all the answers

What legal advice should be provided to Brian Zulu?

<p>Brian Zulu should be advised on the legal processes involved in selling his properties in Zambia from Canada. This may include obtaining necessary documentation, appointing a representative, and complying with property sale regulations in Zambia. Furthermore, the legal advice should address potential tax implications and ensure a seamless transaction.</p> Signup and view all the answers

How many years ago did John Banda retire as a partner from Mwamba Mulenga & Company?

<p>Two years ago</p> Signup and view all the answers

Who are currently the partners running Mwamba Mulenga & Company?

<p>Mwamba Mulenga and Inonge Sililo</p> Signup and view all the answers

What type of notepaper was used to order office equipment for Mwamba Mulenga & Company?

<p>Old notepaper bearing the names of all three partners</p> Signup and view all the answers

What is the firm's current status regarding its obligations to the supplier?

<p>The firm is unable to pay the supplier, who is threatening to sue John Banda for the outstanding amount.</p> Signup and view all the answers

What type of partnership is Mwamba Mulenga & Company?

<p>An unlimited partnership</p> Signup and view all the answers

What specific legislation should be referenced in advising John Banda?

<p>The Partnership Act of 1890</p> Signup and view all the answers

Explain the difference between a contract of service and a contract for service.

<p>A contract of service creates an employer-employee relationship, where the employee is under the control and direction of the employer. In a contract for service, the person providing the service is an independent contractor who is not under the control of the hiring party.</p> Signup and view all the answers

What are the various types of dismissal under employment law?

<p>Different types of dismissal under employment law include dismissal for misconduct, dismissal for redundancy, dismissal for capability, constructive dismissal, and unfair dismissal. The specific grounds and procedures for dismissal vary depending on the circumstances and the applicable legislation.</p> Signup and view all the answers

Flashcards

Continuous Assessment

A form of evaluation where students are assessed continuously throughout a course, rather than through a single final exam.

Ms. Mutinta Chembe

A promoter of Clay Colours Limited who signed a contract before its registration.

Promoter of a company

A person who undertakes to form a company and takes the necessary steps to register it.

Legal Opinion

A formal statement by a lawyer regarding the legal aspects of a situation or document.

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Companies Act of 2017

Legislation that governs company formation, operation, and dissolution in Zambia.

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Litigation risk

The potential for legal action arising from a dispute.

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Contract on behalf of a company

An agreement made by an individual representing a corporation before it is officially registered.

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Brian Zulu

A Zambian national who became a Canadian citizen and faces property management issues.

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Authorized agent

A person designated to act on behalf of another in business matters.

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Partnership

A business structure where two or more individuals manage and operate a business together.

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John Banda

A former partner in a firm now facing debts incurred by remaining partners.

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Unlimited partnership

A partnership where partners are personally liable for business debts without limitation.

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Legal position

The stance or perspective a legal representative takes regarding a matter.

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Contract of service

An employment agreement where an individual works for an employer under their direct control.

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Contract for service

An agreement where someone provides a service as an independent contractor, not as an employee.

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Types of dismissal

The various legal grounds under which an employee may be terminated from a job.

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Zambian citizenship

The legal status of being recognized as a citizen of Zambia.

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Footnotes

References or citations at the bottom of a page that provide additional information.

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Cover page

The first page of a document that includes the title and author information.

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Space of 1.5

The amount of spacing used between lines in typed documents, making it easier to read.

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Submission deadline

The final date by which assignments or documents must be turned in.

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Assessment marks

Points given based on performance in assignments or evaluations.

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Residential properties

Real estate used for living purposes as opposed to commercial use.

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Commercial property

Real estate used for business purposes to generate profit.

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Case law reference

Legal principles established through judicial decisions in past cases.

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Contractual obligation

A legal duty established by mutually agreed terms in a contract.

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Marginal deductions

Penalties applied to a mark due to errors or omissions in assignments.

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Study Notes

BEC 190 and BS 190 Group B & C Business Law

  • Instructions for Assignments:
    • Each assignment (1 or 2) requires a total of two pages, excluding the cover and bibliography (making 6 total pages).
    • Use Times New Roman, 12-point font with 1.5 line spacing.
    • Footnotes and in-text citations are mandatory; failure to do so results in mark deductions.
    • Late submissions will not be accepted.
    • All continuous assessments are out of 40 marks.
    • CA 1 due date: 7/02/2025
    • CA 2 due date: 7/03/2025

Continuous Assessment 1 (CA 1)

  • CA 1(a): Clay Colours Limited Case Study

    • Ms. Mutinta Chembe, a promoter, signed a contract for furniture before company registration.
    • Directors of Clay Colours Limited later refused to honour the contract.
    • The student needs to advise directors regarding the legal implications and potential litigation risks.
    • The advice needs to include reference to the Companies Act of 2017 and a relevant case law.
    • Answer should be limited to two pages.

  • CA 1(b): Brian Zulu's Property Issues

    • Brian Zulu, a Zambian national, won Canadian citizenship.
    • He is struggling to manage his Zambian properties due to issues with his authorized representative.
    • He wants to sell the properties without travelling to Zambia.
    • The student needs to advise Brian Zulu regarding legal procedures for selling the properties and explain the legal principles involved.
    • Answer should be limited to two pages.

Continuous Assessment 2 (CA 2)

  • CA 2(a): John Banda's Partnership Dispute

    • John Banda, a retired partner of Mwamba Mulenga & Company, faces a potential lawsuit.
    • The firm used old notepaper with all three partners' names to order new equipment.
    • The supplier is threatening legal action against John Banda for the outstanding amount.
    • The student needs to advise John Banda, considering that it is an unlimited partnership, referring to the Partnership Act of 1890.
    • Answer should be limited to two pages.

  • CA 2(b): Contract of Service vs. Contract for Service & Dismissal Types

    • The student needs to explain the difference between Contract of Service and Contract for Service along with the various types of dismissal in employment law
    • Illustrations are required to support the answer.
    • Answer should be limited to two pages.

General Notes

  • Total Continuous Assessment: 20 marks.
  • Total pages: Four pages excluding cover page and bibliography required for each submission.

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