In class exercises

16 important questions on In class exercises

What do you understand by Sole ownership?

  1. Sole owner operate individually, this means his or her business is not based on contract with other natural/legal person.
  2. The owner has the capacity to represent the business.
  3. The owner reap all the profit but he or she is entirely responsible and liable for all private and business debts and liability. 

Legal person are legal forms which exists independent of its

Members or shareholeders

Under a legal form with legal personality, it is the business which owns ....... and enter into ...........

Property, contracts
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Under a legal form with legal personality, it is the business which owns property and enter into contracts and not the

People who manage the company

What are shareholders generally liable under Limited liability.

Shareholders are generally liable for the loss of value of their share or the amount they invested in the company

On what property creditors can take recourse for unpaid debts  in case of a sole ownership business

Since there is no legal separation between owners personal assets  and the business assets, creditors therefore can take recourse on both the business assets and the owner's personal assets to satisfy unpaid debts

On what property creditors can take recourse for unpaid debts  in case of a partnership business.

In a general partnership, creditors can take recourse on both of the business assets and the partners business assets.
But in a limited liability partnership, the creditors can only take recourse on the Partnership assets for the outstanding debts

On what property creditors can take recourse for unpaid debts  in case of a limited liability business

In a limited liability business, creditors can only take recourse on corporation assets. Personal assets of the shareholders are not included.

What is the legal definition of representation?

Representation is defined as an individual authorized to act on behalf of another

What are the 5 core structural characteristics of the business corporation.

  1. Legal personality
  2. Limited liability
  3. transferable shares
  4. centralized management under a board structure
  5. shared ownership by contributors of capital

What is meant with pre-contractual risks?

Pre contractual risk or pre contractual liability is a legal concept by which a party that off negotiations is liable for damage, resulting losses and costs inflicted by the other party.

What is a choice of law clause
What is a choice of forum clause
•Describe void and voidability (according to NL law) 

Gth

What are the two potential legal consequences that can arise when there are issues or irregularities in the formation process of a legal act or a contract?

  1. Voidness
  2. Voidability

What are the legal phases of contracting processes?

  1. Pre-contractual negotiation
  2. Formation
  3. Performance
  4. Disputes

What are some challenges manager nowadays do face

  1. Globalization
  2. Pandemics
  3. War
  4. Responsible supply chain management
  5. Climate change

What is the contract lifecycle

  1. Contract request
  2. Authoring
  3. Negotiation
  4. Approval
  5. Execution
  6. Obligation management
  7. Contract amendment
  8. Audit & Reporting
  9. Renewal

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