INSOLVENCY LAW
MRL3701
SEMESTER 1
ASSIGNMENT 1 - MEMO
2023
, QUESTION 1
Critically discuss the case of Amod v Khan 1947 (2) SA 432 (N) with reference to the relevant
legislation. (10)
Facts
The case was an appeal brought under s150 of the Act1.
The respondent was employed by the appellant as a shop assistant. The employment
ended and the applicant was owed his wages. In settlement, the respondent received
a post-dated cheque and ten promissory notes. He sued the applicant. The court
granted absolution from the instance with costs against the respondent.
The respondent claimed that the cheque and the promissory notes were actually
executed by the applicant's son who acted for the applicant in the running of his
business. He therefore sued the applicant’s son. The respondent obtained judgment
against the son with costs. The son appealed the decision and that appeal was
dismissed with costs and on the same day he was granted leave to appeal. The son
did not act on his leave to appeal.
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1
Insolvency Act 24 of 1936
MRL3701
SEMESTER 1
ASSIGNMENT 1 - MEMO
2023
, QUESTION 1
Critically discuss the case of Amod v Khan 1947 (2) SA 432 (N) with reference to the relevant
legislation. (10)
Facts
The case was an appeal brought under s150 of the Act1.
The respondent was employed by the appellant as a shop assistant. The employment
ended and the applicant was owed his wages. In settlement, the respondent received
a post-dated cheque and ten promissory notes. He sued the applicant. The court
granted absolution from the instance with costs against the respondent.
The respondent claimed that the cheque and the promissory notes were actually
executed by the applicant's son who acted for the applicant in the running of his
business. He therefore sued the applicant’s son. The respondent obtained judgment
against the son with costs. The son appealed the decision and that appeal was
dismissed with costs and on the same day he was granted leave to appeal. The son
did not act on his leave to appeal.
Please purchase for entire document…
1
Insolvency Act 24 of 1936
