DLW 5013 SCHOOL OF GRADUATE STUDIES MANAGEMENT AND SCIENCE UNIVERSITY
INDIVIDUAL ASSIGNMENT
Dr. Albert has for some years run a clinic offering free medical care to impoverished families. The clinic occupies a house owned by Ms. Cade and leased from her on a month-to-month basis. On May 1 2013, Dr. Albert met with Ms. Cade to ask if she would like to sell him the house. "I'd consider selling it for RM200,000," she replied. "I think that I can raise RM200,000 if you give me six months," said Dr. Albert. "But I will need to show potential donors proof that I can buy the house at that price." "I'll be glad to help on that count," smiled Ms. Cade. "I have a soft spot for your clinic, you know." She gave Dr. Albert a signed note reading as follows:
In return for all that Dr. Albert has done for our community, I hereby promise that if he delivers RM200,000 to me at any time between now and November 1 of this year, I will give him title to the building that houses his clinic. Dr. Albert thanked Ms. Cade, took the note, and set to work raising the required money. In the meantime, real estate prices soared. On September 1, Ms. Cade told Dr. Albert that she was putting the house on the market. "I've raised RM180,000 and will have the rest soon!" he insisted. On October 1, Dr. Albert proudly presented Ms. Cade with a check for RM200,000 and requested the title to the clinic building. With some embarrassment, she told him that she no longer held the title. "I just sold the house for RM350,000." Advise Dr. Albert's rights as against Ms. Cade under the law of contracts.
GROUP ASSIGNMENT
Pearl, Jade & Diamond decided to form a limited company. The company will be involved in the entertainment business providing models and dancers for the industry. In the meantime, they entered into a contract of employment with Tyra. Tyra is to act as their event manager. The terms of the contract states that Tyra will be paid RM10,000 a month and will continue to work with the company once the company has been formed, for a period of three years.
Three months later, a company known as CayoteUgly Bhd (CUB) was formed. CUBs MOA expressly states that the business of the company is to provide services for fashion and dance shows, promotional campaigns and product launches, talent casting and paperdoll shows. In their first Board of Directors (BOD) meeting, CUB decided to issue their shares to the public. In the same meeting, the directors have decided to terminate Tyras employment prematurely.
Giselle subscribes 30,000 units of shares of CUB. Six months later, the BOD have decided that the company should venture into new businesses. The businesses that they have in mind are manufacturing and selling beauty products and liquor. For this purposes, CUB entered into a contract to purchase three pieces of land, to be developed into factories, from SlipperyWhenWet Sdn Bhd (SWW). The contract was entered into on the 1 st of February 2004. Under the contract, SWW is to transfer the land to CUB on the 21 st of March 2005 and CUB is to pay the purchase price (RM900,000) upon completion of the transfer.
On the 1 st of January 2005, Giselle found out about the contract between CUB and SWW and she is extremely unhappy with the companys expansion plan as she is a muslim and doesnt want to be associated with a company that manufacture and sells liquor.
Based on the above facts, decide:
a. whether Tyra would be successful in her action against CUB for breach of contract; and
b. whether Giselle would be able to restraint the company from carrying on the business of manufacturing and selling liquor.
RULES
i. Structure of the Assignments:
a. Acknowledgment: Introduce group members (biodata i.e. Name, Date of Birth, Contact Number, Email Address, House Address, Occupation and Employers name. Please include pictures of each group members), methods of doing research, distribution of work and appreciations.
b. Introduction A brief synopsis of the problem.
c. Contents Discussing issues relating to the topic.
d. Conclusion What have been concluded from the matters discussed in the assignment.
e. Bibliography List of books, materials, articles and websites used for the assignment i.e. JG Duddington, Business Law, M&E Handbook Series, 2 nd Edition, 1994.
ii. For Group Assignment number of members must not be more than 5.
iii. Assignments must be at least 10 pages.
iv. 1.5 spacing between the lines.
v. Font: Times New Roman, Size: 12.
vi. Materials or text taken from articles, books or websites must be acknowledged in the form of a footnote i.e. JG Duddington, Business Law, M&E Handbook Series, 2 nd Edition, 1994, pg 23 or www.lawyerment.com.
vii. Assignments must be submitted via email to rizal.abdn@yahoo.com before or on the 15 th of June 2014.
Speech by His Excellency The Governor of Vihiga County (Rev) Moses Akaranga During The Closing Ceremony of The Induction Course For The Sub-County and Ward Administrators.