Law Answers

When entering into a marriage in community to property – the general rule is

that all assets of spouses become part of the joint estate – there is however

exceptions to this rule. Debate.

Define a void marriage and explain the grounds for as well as the consequences

of a void marriage.

QUESTION 1: COMPULSORY:

Union Bank mantains two accounts for people called J.Banda; one is John Banda , the other

James. This has , at times, created problems with occasionally debits and credits for one going to

the other. John has been a good customer but the bank has had problems with James’ account

with some cheques returned for lack of funds.

A cheque for K1 500 was presented on James’ account which would have overdrawn it by K1 200.

On double-checking the account, it was discovered that the previous week, he had deposited in K2

000 cash which had been posted in error to John’s account. Discuss, in detail, the legal

implications of the following:

a. Returning unpaid James’ cheque for K1 500. (10 Marks)

b. John spending the K2 000 which was credited to his account. (10 Marks)

(Total Marks 20)

QUESTION 1: COMPULSORY:

Union Bank mantains two accounts for people called J.Banda; one is John Banda , the other

James. This has , at times, created problems with occasionally debits and credits for one going to

the other. John has been a good customer but the bank has had problems with James’ account

with some cheques returned for lack of funds.

A cheque for K1 500 was presented on James’ account which would have overdrawn it by K1 200.

On double-checking the account, it was discovered that the previous week, he had deposited in K2

000 cash which had been posted in error to John’s account. Discuss, in detail, the legal

implications of the following:

a. Returning unpaid James’ cheque for K1 500. (10 Marks)

b. John spending the K2 000 which was credited to his account.(10 Marks)

QUESTION 1: COMPULSORY:

Union Bank mantains two accounts for people called J.Banda; one is John Banda , the other

James. This has , at times, created problems with occasionally debits and credits for one going to

the other. John has been a good customer but the bank has had problems with James’ account

with some cheques returned for lack of funds.

A cheque for K1 500 was presented on James’ account which would have overdrawn it by K1 200.

On double-checking the account, it was discovered that the previous week, he had deposited in K2

000 cash which had been posted in error to John’s account. Discuss, in detail, the legal

implications of the following:

a. Returning unpaid James’ cheque for K1 500. (10 Marks)

b. John spending the K2 000 which was credited to his account. (10 Marks)

Under circumstances is the banker allowed to disclose the confidential information about the customer 10marks

According to the case of joachimson v swiss bank corporation 1921 what are the duties or obligations bankers owes to customers?

Jim and Sara are foster parents of a little girl of 3 months and want to adopt the

baby with the name Pumi. Pumi’s mother and father were not married when she

was conceived from an incestuous relationship. Pumi’s mother knows it will be in

the best interest of Pumi if Pumi is adopted by Jim and Sara. Pumi’s father Jabu

would rather like Jabu’s friend Elvis to adopt Pumi. Jabu however does not

acknowledge directly that he is the father of Pumi. Advise Jim and Sara in this

regard.

Pam and John are in a relationship. They are both fourteen years old. They

decide to have sex. They decide that John must go to the pharmacy and get

some of the free condoms. The pharmacist refuses to give John any condoms.

He also refuses to sell condoms to John when requested thereto. Pam goes to

the clinic and get contraceptives. She asks her aunt Suzy who is working at the

clinic and who advice, as well as examines her, not to tell her mother about her

plans. Are all role players in this case study acting according to law?

X went sailing on his sailboat and went missing without a trace. Y, the wife of X

is certain that he is dead but cannot prove it as his body was never found.

Several years after the incident, Y consults you as her attorney and states that X

according to her is dead and she wants to move on with her life without X.

Advise Y comprehensively on a possible solution for her problem, with reference

to legal principles, the consequences thereof and what processes she will have to

follow