MRL2601
ASSIGNMENT 1 SEMESTER 1 2025
UNIQUE NO.
DUE DATE: MARCH 2025
, MRL2601
Assignment 1 Semester 1 2025
Unique Number:
Due Date: March 2025
Entrepreneurial Law
Question 1
1.1 Derivative Action by Michael
To bring a derivative action against the directors of African Solar (Pty) Ltd:
1. Exhaustion of Internal Remedies: Michael must ensure all internal company
remedies, such as raising the issue in a general meeting, have been exhausted.
2. Court Application: Michael must apply to the court under Section 165 of the
Companies Act 71 of 2008 for permission to bring a derivative action on behalf of
the company.
3. Notice: He must serve a written notice on the company detailing the complaint
and proposed action.
4. Good Faith: Michael must demonstrate that the action is in good faith and in the
best interests of the company.
5. Court’s Assessment: The court will assess whether there is merit in the claim
and whether it serves the company’s interests.
1.1 Dissolution of Partnership
In the absence of an agreement on goodwill, Susan may have a remedy under common
law. The goodwill of the partnership is considered a partnership asset. Susan can claim
her share of the goodwill if it is proven that Jane has appropriated it for her own benefit
ASSIGNMENT 1 SEMESTER 1 2025
UNIQUE NO.
DUE DATE: MARCH 2025
, MRL2601
Assignment 1 Semester 1 2025
Unique Number:
Due Date: March 2025
Entrepreneurial Law
Question 1
1.1 Derivative Action by Michael
To bring a derivative action against the directors of African Solar (Pty) Ltd:
1. Exhaustion of Internal Remedies: Michael must ensure all internal company
remedies, such as raising the issue in a general meeting, have been exhausted.
2. Court Application: Michael must apply to the court under Section 165 of the
Companies Act 71 of 2008 for permission to bring a derivative action on behalf of
the company.
3. Notice: He must serve a written notice on the company detailing the complaint
and proposed action.
4. Good Faith: Michael must demonstrate that the action is in good faith and in the
best interests of the company.
5. Court’s Assessment: The court will assess whether there is merit in the claim
and whether it serves the company’s interests.
1.1 Dissolution of Partnership
In the absence of an agreement on goodwill, Susan may have a remedy under common
law. The goodwill of the partnership is considered a partnership asset. Susan can claim
her share of the goodwill if it is proven that Jane has appropriated it for her own benefit
