The Legal Environment of Business: Text and Cases (MindTap Course List)
The Legal Environment of Business: Text and Cases (MindTap Course List)
10th Edition
ISBN: 9781305967304
Author: Frank B. Cross, Roger LeRoy Miller
Publisher: Cengage Learning
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Chapter 11, Problem 5BCP
Summary Introduction

Case summary:The people G and M, residents of the U.S., filed a suit against the government of Bolivia in the federal district court. They claimed that the government of Bolivia did not pay the required amount to their ancestor in exchange for the land taken by it.

To find: The court’s jurisdiction in this case.

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In 1954, the government of Bolivia began expropriating land from Francisco Loza for public projects, including an international airport. The government directed the payment of compensation in exchange for at least some of his land. But the government never paid the full amount. Decades later, his heirs, Genoveva and Marcel Loza, who were both U.S. citizens, filed a suit in a federal district court in the United States against the government of Bolivia, seeking damages for the taking. Can the court exercise jurisdiction?
Aurum Fields Ltd (“Aurum”) is a gold mining company. Dr Lilly le Fleur is one of 10 directors of the company. Lilly is a senior professor in the Faculty of Management Studies at the University ofRosebank, in Johannesburg. Lilly consented to be a director on the board of Aurum Fields Ltd in 2019. In January 2020, the directors of Aurum discovered that Lilly had misappropriated an amount of R200 million rand from the company by allowing money due to the company to be paid into her personal account. Q.3.1 Assume for this question that you are Aurum’s attorney and they approach you for advice. Explain the two ways in which Lilly may be removed from the board of directors. Your answer must include the requirements that must be met.  Q.3.2 Assume that one of the two meetings referred to in Q.3.1 above made the decision to remove Lilly from the board of directors. Who are the persons, besides a shareholder or a director, that apply to court for Lilly to be declared a delinquent director? List…
Aurum Fields Ltd (“Aurum”) is a gold mining company. Dr Lilly le Fleur is one of 10 directors of the company. Lilly is a senior professor in the Faculty of Management Studies at the University ofRosebank, in Johannesburg. Lilly consented to be a director on the board of Aurum Fields Ltd in 2019. In January 2020, the directors of Aurum discovered that Lilly had misappropriated an amount of R200 million rand from the company by allowing money due to the company to be paid into her personal account. Q.3.3 Distinguish between a director that is ineligible and one that is disqualified. In your answer, include names or categories of persons who are ineligible and disqualified.  Q.3.4 List any four grounds for an order of delinquency.
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