Assignment title: Management


Read the following scenarios, and answer all the questions. Where appropriate, support your answers with relevant case law and/or statute. Each question carries 10 marks, 30 marks in total. The total word count for all questions should not exceed 1500 words. 1) Alex is a tenant of an apartment owned by Bob. Ten days ago Alex received a letter from Bob in which Bob stated that he (Bob) was "interested in selling" his apartment for $300,000 and asked Alex to let him know if he (Alex) was "interested". Three days later Alex posted a letter to Bob in which he agreed to buy the apartment for $300,000. After receiving Alex's letter, Bob telephoned Alex and told him that he had changed his mind and that he did not want sell the apartment. Advise Alex as to whether he has a contract with Bob for the sale of the apartment. 2) Mark wishes to rent an up-market apartment in Raffles Skyscraper, a high-end apartment building in the heart of the city. He applies to be a tenant by filling up the prescribed form and giving his accountant's details to the landlord, James, for verification of his financial standing. When James checks with this accountant, Harry, about Mark's financial situation, Harry does not bother to check his files properly and confuses Mark with another client. Harry replies to James that Mark is an excellent client drawing a high income and recommends him as a tenant. The reference was supplied with the clause: 'This firm will not accept any liability for any inaccuracy contained in this reference, or for any loss incurred as a consequence.' In reality, however, the 'Mark' in question here is in heavy debt to several banks with threats of law suits hanging over him by banks wishing to recover their money from him. Some months after taking up the apartment, Mark owed tens of thousands of dollars' in rent arrears and unpaid utilities bills and has now vanished. Discuss whether James can recover his losses from Harry. 3) For many years Kyle had been the chief software engineer for Snapple Ltd, a company specialising in communication software. There is a clause in Kyle's employment contract that prohibits him from joining a competitor in Singapore for three years should he leave the employment of Snapple Ltd. Last year, Kyle registered a company – Zapple Ltd – and when he resigned from Snapple Ltd he immediately became the managing director of Zapple Ltd. This company also specialises in communication software, and is seen to be a direct competitor of Snapple Ltd. Snapple's directors have checked with the Accounting and Corporate Regulatory Authority (ACRA), the national regulator of business entities, public accountants and corporate service providers in Singapore, and have discovered that the company was set up by Kyle. The directors claim that Kyle is in breach of contract by setting up a company to compete with Snapple. Kyle says that Zapple is in competition with Snapple, not him, and that he and the company is a separate legal entity from him. Therefore, according to Kyle, there is no breach of contract.