Legal Framework for Managers
TABLE OF CONTENTS
1. Question 1 and Answers Page 2 2. Question 2 and Answers Page 2 3. Question 3 and Answers Page 4 4. Question 4 and Answers Page 6 5. Question 5 and Answers Page 7
6. Question 6 and Answers Page 12
1. QUESTION 1
State any rights in which the Employment Act 1955 gives exclusive protection to female employees.
1.1. ANSWER 1
As stipulated in Employment Act 1955:
a) Under Section 34(1), employers are not permitted to employ women to carry out industrial and agricultural work between 10.00pm to 5.00am without exemption from the Director General of Labour Department; and
b) Under Section 35, no female employee shall be employed in any underground …show more content…
Discuss the legal rights of unpaid seller against the buyer.
4.1. ANSWER 4
In remedies for breach of contract, the definition of unpaid seller according to the Sale of Goods Act 1957 is: a seller to whom the whole of the price has not been paid or tendered; or when a bill of exchange or other negotiable instrument has been received as conditional payment, and the condition on which it was received has not been fulfilled due to the fact that the instrument has been dishonoured etc.
1. Legal rights of unpaid seller against the goods are:
a) A lien on the goods for the price, where he is in possession of the goods (section 46 (1) (b) of the Sale of Goods Act 1957)
b) A right of stopping the goods in transit in the case of the buyer's insolvency, where he has parted with the possession of the goods (section 46(1)(b) of the Sale of Goods Act 1957)
c) A right of resale, subject however to section 54 (section 46(1)(c) of the Sale of Goods Act 1957.
d) A right of withholding delivery, where the property in goods has not passed to the buyer (section 46 (2) of the Sale of Goods Act 1957)
2. Rights of the seller to sue for breach of contract.
The seller can sue the buyer for breach of contract if:
a) It is contracted that the price be paid on a certain date regardless of delivery and the buyer wrongfully neglects or refuses to pay such price even though the property in the goods has not passed and the goods have not been appropriated to the