Question 1)
Peter, the Managing Director of CompuMac Limited, was planning a company trip for the staff.
The staff wanted to go to Kuala Lumpur to visit the inaugural “Global 3-D Printing” exhibition that boasts of 3-D printing technology experts participating from all around the world. They wanted to talk to the experts about CompuMac’s patented 3-D technology and to seek alliances with such experts on research and development projects.
Peter booked a 25-seater coach from BestCoach, at a price of S$2,000 for a return trip from Singapore to Kuala Lumpur. Peter, on behalf of CompuMac, paid a deposit of S$500 to BestCoach five days before departure date.
Analyse the following scenarios. For each scenario, advise Peter as to whether contract between CompuMac and BestCoach can be discharged and if yes, identify the appropriate grounds for such discharge. In your analysis, examine whether CompuMac is entitled to a refund of the deposit or alternatively, is required to pay the balance amount to BestCoach.
(a) Scenario 1 - There was heavy monsoon rain in Johor Bahru. The roads in Johor Bahru were flooded and no longer accessible. BestCoach refused to proceed with the coach journey on the departure date, although the roads after Johor Bahru and leading into Kuala Lumpur were clear and accessible.
(b) Scenario 2 - There was heavy flooding in Kuala Lumpur. BestCoach offered to provide a slow drive to Kuala Lumpur so that by the time that the coach reached the borders of Kuala Lumpur on the eve of the exhibition, the floods would likely have abated and the coach could then drive into Kuala Lumpur. Peter refused to proceed with the journey on the departure date.
In your answers, you are required to cite the relevant statutory provisions and case law to support your views as well as demonstrate well-developed written proficiency in the flow and content of your analysis.
Question 2)
Cherlyn is 17 years old and had been unemployed. Three months ago, she accepted a job at CallNow Private Limited, a company providing 24/7 hotline support services to users of various types of software.
Her employment agreement stated that:
- her working hours were from 8.00am to 10.00pm daily, from Monday to Saturday; and
- she was permitted only 30-minute breaks for her lunches and dinners.
Her monthly salary was S$1,000 and she was entitled to 5 days of annual leave. During the interview, the Human Resource Manager of CallNow told her that the company would provide her with free 3-month intensive training so that she would become “extremely proficient” at handling support services calls. If she did not quit her job within 12 months of completing the training, the training fee of S$6,000 payable by Cherlyn would be waived. After completion of her training, she would be assigned a “mentor” who would guide her on the job.
Cherlyn also rented a room as she wanted to stay near her new workplace. The rental agreement was for three (3) years, with a monthly rental of S$350.
After a few weeks, she began having second thoughts about the job and wanted to resign. She did not want to pay the training fee and asked you if the employment agreement was valid and enforceable.
At the same time, she wanted to nullify her rental agreement and to also obtain a refund of rental amounts that she had paid for the past few weeks.
She has come to you for advice. Explain to Cherlyn whether:
(a) her employment agreement is valid and enforceable (and whether she is required to pay the training fee); and
(b) her rental agreement is valid and enforceable (and whether she is entitled to obtain a refund of the past rental amounts that she had paid).
You should identify and cite the relevant statutory provision(s) and case law to support your views.
Question 3)
Consider a specific job in your organisation (or one that you are familiar with) and relate how the employee performing this job is an agent of that organisation. You may preserve confidentiality by disguising the name of the organisation. Remember to state the relevant legal principles and cite relevant case law to support your analysis.
(a) For context, you should describe the business of this organisation and some of the key functions of the identified job that are relevant to the agency relationship between the organisation and the individual.
(4 marks)
(b) Discuss and analyse how the individual in that job is an agent of the organisation. In your answer, explain how the agency relationship was created as well as two (2) types of authority which the agent would possess. Provide specific examples to support your answer.
(16 marks)