FACULTY OF LAW AND PARA-LEGAL STUDIES

DEPARTMENT OF LAW AND PARA-LEGAL STUDIES

COMMERCIAL LAW (DHR 1201)

January – June 2024 SEMESTER

INSTRUCTIONS TO CANDIDATES:
1. The assessment criteria are: a) Substance b) Originality
c) Presentation
d) Use of illustration/examples/case law/statutes where
appropriate
2. Independent research on the relevant topics is encouraged.

3. Special consideration would be given to students who demonstrate an in-depth analysis of the
questions.

4. Candidates who simply regurgitate their answers from the course manual may risk failing the
assignment.

5. Any similarities between individual assignments will result in a fail grade.

6. Pages should be clearly numbered.

7. The format of the assignment should be as follows:

a) Front cover (i.e title page) stating the:

 Module name and code.
 Students full name and candidate number
 Programme
 Name of Lecturer
 Submission date
b) Contents page

c) Main body of the assignment

8. Retain photocopy of your course assignment.

9. Use Arial font 12, line spacing 1.5 and justify

10. Complete your assignment and hand it in by, indicated dates:

 Assignment 3:
Date Issued: 26/02/2024
Due Date: 13/04/2024
Total Marks : 40
Submission Time and day
th
will be on 13 April 2024
(Saturday) administering
test in Hall A at 0900
HOURS.
Assignment one
(Individual Assignment to
be submitted virtually on
13th April 2024

QUESTION 1 [20 MARKS] – INDIVIDUAL ASSIGNMENT 13th April 2024

Queen, Mwamba, John and Forward are lawyers who offer legal services to small and
medium enterprises (SMEs). On 5 May 2023, an article was written in the daily
newspaper of the looming insolvency of Queen and Associates. Prior to this article,
Mwamba handled a big case of a transnational business firm, a client brought by Jane a
friend of Forward. Jane shared in the profit of the firm. Upon, reading the article of the
looming insolvency, the transnational business firm which had other businesses with
Queen and Associates deposited a huge sum of money for the cases and paid Mwamba
a sum of 150,000 Pula for his good work. Mwamba used the money to purchase a car
for himself. One month later, the transnational firm sued Queen and Associates
including Jane as partners for wrongful legal advice which led to a major loss. The
partners did not want this action to affect the good will of the firm and they expelled
Mwamba. As a professional corporate and student, discuss the legal issues and advise
Queen and Associates on the matter.

QUESTION 2 [20 MARKS] – GROUP ASSIGNMENT (PRESENTATION) from 22nd April

2024 during respective class time

Mr. Melchi, a prominent businessman who has also invested in real property around
Chipata intends to expand his business but he has limited capital in cash to do so. He
has just finished consulting with a business consultant for a possible financier in the
banking sector and has settled to borrow BWP 15,000,000.00 from ABSA because he
neither wants to sell any of his business assets nor his property to finance the business

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going forward. He comes to you being a commercial lawyer for a second but more legal,
opinion;
(a) Using decided cases to justify your answer, explain to Mr. Melchi as to how he can
safely achieve his plans (10 Marks)
(b) Explain circumstances in which Mr. Melchi may lose his assets if he is to succeed
with his borrowing plans (10marks)

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