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Exam (elaborations)

LML4806 COMPANY LAW QUESTIONS AND ANSWERS FROM NOV2017-NOV2020

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LML4806 COMPANY LAW QUESTIONS AND ANSWERS FROM NOV2017-NOV2020

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UNIVERSITY EXAMINATIONS




October/November 2020

LML4806

Company Law

80 Marks
Duration 24 Hours



This paper consists of 8 (eight) pages.

Instructions:

PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE EXAMINATION QUESTIONS.

1. The examination question paper counts 80 marks.
2. It consists out of four questions. Answer ALL of the questions.
3. Number the answers to each question clearly.
4. The duration of the examination is 24 hours. Your portfolio must be submitted via
myUnisa on Saturday, 21 November 2020 on or before 12h00 (Central African Time).
5. This is an open-book examination. You may consult your prescribed study material
during the examination.
6. Your answer to this portfolio examination must be submitted online on myUnisa.
6.1 Access to myUnisa

Access myUnisa at https://my.unisa.ac.za/portal.

6.2 Where do I download the examination question paper?

On the landing page for myUnisa (https://my.unisa.ac.za/portal), before login, find
the link to Login and download my Exam Question Paper for Oct/Nov 2020.
Click on this link to open the tool. Login with your student number and myUnisa
password. Find your module code on the next page and download your examination
paper.

6.3 How do I upload my answer file?

6.3.1 On the landing page for myUnisa, before login, go back to the link where you
downloaded your examination paper: Login and download my Exam Question Paper
for Oct/Nov 2020.

6.3.2 Login using your student number and myUnisa password

6.3.3 On the next screen, find the module code for which you want to submit an answer
file. Click on the link to “submit answer file”. This link will only display if the
examination session is still open for file submissions.

, CONFIDENTIAL
Page 2 of 8
LML4806
October/November 2020

6.3.4 A new screen will open that will guide you through the steps to upload your answer
file.

Step 1: Load answer file from your PC to myUnisa and complete the Honesty Declaration
 Click on the Browse button next to File Name
 In the Choose File dialog box, select the file you want to upload, and then click OK. Be
careful. Select the correct document.
 Select the correct programme format from the File Format drop-down list. Most modules only
allow PDF formatted files to be uploaded.
 Read the Honesty Declaration statement.
 If you agree with the Honesty Declaration statement, type I AGREE in the text box. You
cannot continue with the upload process if you do not complete the requirements of the
declaration.
 Click on the Continue button.

Step 2: Verify the file details for final submission of your answer file
Use this step to verify that you are uploading the correct answer file to the correct course and
assessment number.
 Click on the Continue button to submit your answer file. If you do not click Continue, no
submission action will take place.
 Large files will take longer to upload than smaller files. Please be patient after you’ve clicked
Continue.
 If the wrong details, e.g. file name, appear on the screen, click Back to restart the file upload
process.

Step 3: Assessment submission report
This is your proof that your answer file was submitted. It is advisable to print this page or make a
screen capture for record purposes. A copy of this page will also be emailed to your myLife email
account.

a. Preparing your answer file.
b. Your answer file must contain ALL the pages you want to submit. Do not submit your scanned
pages one-by-one. Each time you upload a file it REPLACES the previous submission. Only
the last file received by Unisa will be marked.
c. Do not password-protect your file. A 0 mark will be assigned.
d. The first page should clearly state your name, student number and the module code. Some
modules provide a custom title page. See the examination question paper for details.
e. Number all the pages in your answer file.
f. Write with a black pen, not a pencil, if hand-writing the submission.
g. Use proper PDF conversion software to create the final file for upload. Free PDF conversion
software is available on the Internet.
h. Add your student number and the module code in the file name. That will assist you to select
the correct document to upload during submission.

7. The cover page to your portfolio must include your name, student number and the
module code.
8. Make sure that you ‘save’ the confirmation that your portfolio has been successfully
submitted.
9. It is preferred that your answers should be typed, but handwritten submissions will also
be accepted.
10. Whether your answers are typed or handwritten, your submission on myUnisa must be
made in the form of one PDF document.
11. If your answers are typed it must be:

, CONFIDENTIAL
Page 3 of 8
LML4806
October/November 2020

11.1 In Arial font, size 12 with single line spacing within the paragraph, and
double line spacing after the paragraph.
11.2 The text must be justified.
11.3 All of the pages must be numbered in the bottom right hand corner of the
page.
11.4 All margins must be 2.5cm, but the left margin must be 3cm.
11.5 The text should be typed using South African English and not American
English. For example, the correct spelling is “Labour” and not “Labor”.
12. Do not use abbreviations or SMS language.
13. All quotes that are two lines long (or less), must form part of the main text, be written in
italics, and be bracketed by quotation marks. Where a quotation is longer than two lines,
it must be typed in a separate paragraph in italics in size 11 font and must be indented
by 1 cm. No quotation marks are required when the quotations stand alone. Use
quotations very sparingly. In this portfolio, a maximum of 5% of the text may be quoted.
14. The cover page to your portfolio must include your name, student number and the
module code.
15. Please read, complete and sign the attached academic integrity declaration form, and
include it in your portfolio. Your portfolio will not be marked if you fail to include a signed
copy of this form with your portfolio.
16. When answering the portfolio questions, remember that an open-book exam is a test at
a higher level than the usual type of exam, where memory is tested as much as insight.
In an open-book exam, you need not memorise any information. You are expected to
prove that you can use information, rather than merely repeat it. In brief, what is being
tested is factual knowledge, understanding and the correct application thereof, not
memory skills. For this reason, you do not earn marks by merely detailing a list of all the
information that you think might be relevant to a particular question. This gives no
indication that you know what statutory or other provisions are applicable in a specific
context. You are expected to identify precisely what information applies, and then explain
why you think so. Also, because you have the guide available when answering
questions, we do not give marks for direct quotations from the guide. You are therefore
assessed on your level of understanding of the legal principles by looking at how well
you applied the principles to the questions. PLEASE DO NOT CUT AND PASTE
ANSWERS FROM THE STUDY GUIDE (OR ANY OTHER SOURCE).
17. The arguments that you make must be logical, well-structured and substantiated by all
of the relevant legal principles. You are given 24 hours (not 2 hours) to complete the
portfolio. Use the time given wisely.
18. Ensure that you give reasons for each answer. Substantiate your answers by referring
to ALL of the relevant authorities, e.g. sections from relevant legislation and/or court
cases in the text or in your footnotes.

, CONFIDENTIAL
Page 4 of 8
LML4806
October/November 2020

19. You are required to have read and summarised the prescribed cases yourself. The
summaries in the Study Guide are not sufficient for this exam. When using case law to
support your answer, please include complete references to the relevant cases in your
footnotes. This means that you must not only include the name of the case but the exact
page and section and/or paragraph where the information can be found. The same
applies to articles and books used.
20. A number of students lose marks because they do not approach problem-type questions
correctly. When answering such questions, it is important to first clarify for yourself the
area of work where the answer must be sought. Once you have done this, set out the
relevant legal principles. Deal only with those principles that relate to the given facts.
Next, apply these principles to the facts. This is where most of the students lose marks
- they set out the law in some detail, but then do not illustrate how it applies to the factual
situation they have been asked to solve. Finally, state your conclusion.
21. Adhere to the restrictions placed on the length of your answers. These restrictions are
indicated in each question. The same restrictions apply to both handwritten and typed
answers.


PLEASE NOTE:
If you experience technical problems, of any kind, on the day of the examination and your
examination answers are not submitted by the cut-off time, you will be marked as absent. You have
to apply online to be deferred to the next exam opportunity. No other type of submission of your
examination answers will be accepted.

Document information

Uploaded on
February 6, 2021
Number of pages
76
Written in
2020/2021
Type
Exam (elaborations)
Contains
Questions & answers
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