{"id":641,"date":"2015-08-18T06:03:27","date_gmt":"2015-08-18T06:03:27","guid":{"rendered":"http:\/\/assignmenttask.com\/tutorhelp\/?p=641"},"modified":"2022-10-12T13:01:42","modified_gmt":"2022-10-12T13:01:42","slug":"expressed-an-interest-in-purchasing-the-business","status":"publish","type":"post","link":"https:\/\/assignmenttask.com\/tutorhelp\/expressed-an-interest-in-purchasing-the-business\/","title":{"rendered":"Expressed An Interest In Purchasing The Business."},"content":{"rendered":"<p>_________________________________________________________________________________________<\/p>\n<p><strong>IMPORTANT NOTE<\/strong><\/p>\n<p><em>\u00a0<\/em><strong>SECTION A<\/strong><\/p>\n<p><strong>Question 1<\/strong><\/p>\n<p>Abigail had built up a successful online business, selling dresses and skincare products that<\/p>\n<p>were imported from Korea. She decided to sell the business as she wanted to take a break from<\/p>\n<p>work.<\/p>\n<p>She was approached by Bernard, who expressed an interest in purchasing the business. He<\/p>\n<p>asked why the business had been so successful. Abigail replied that it was because \u201cthere are<\/p>\n<p>no other online shops that sell the same Korean brands as my e-commerce shop\u201d and showed<\/p>\n<p>recent newspaper articles that featured her shop to prove her statement. Bernard read the<\/p>\n<p>newspaper articles and nodded happily.<\/p>\n<p>Abigail further told Bernard, \u201cI believe that the annual profits for my shop is about $1.5<\/p>\n<p>million.\u201d Bernard asked his accountant, David, to verify and investigate Abigail\u2019s stated level<\/p>\n<p>of profits for her business. David confirmed Abigail\u2019s statement but, unknown to Bernard and<\/p>\n<p>David, the firm only made around $150,000 profit per year. Bernard asked for a few weeks to<\/p>\n<p>consider the proposal to buy Abigail\u2019s business.<\/p>\n<p>During those few weeks, Abigail discovered another e-commerce shop, KFashion, was about<\/p>\n<p>to start operations and sell similar brands as Abigail\u2019s e-commerce shop. Abigail failed to<\/p>\n<p>inform Bernard of this.<\/p>\n<p>Finally, Bernard agreed to purchase Abigail\u2019s business. He subsequently discovered, within a<\/p>\n<p>month, the true level of profits as well as the launch of KFashion.<\/p>\n<p>Bernard wants to rescind the contract for the purchase of Abigail\u2019s business and has come to<\/p>\n<p>you for advice.<\/p>\n<p>Explain to Bernard if he is entitled to rescind the contract, taking into account any limitations<\/p>\n<p>imposed by law on his right to rescind. In your analysis, you should identify and evaluate the<\/p>\n<p>actions (including any failure to act) of, and the relevant statements made by, Abigail.<\/p>\n<p>In your answers, you are required to cite the relevant case law to support your views as well as<\/p>\n<p>demonstrate well-developed written proficiency in the flow and content of your analysis.<\/p>\n<p>(600 words)<\/p>\n<p><strong>Question 2<\/strong><\/p>\n<p>MusicFest Productions (MFP) wanted to organise a concert for a well-known boy band, Three<\/p>\n<p>Dimensions, to be held on 1 January 2015.<\/p>\n<p>On 1 July 2014, MFP appointed SuperAds Agency as the advertising agency to publicise the<\/p>\n<p>concert. The advertising contract contained the following Clause 8: \u201cIt is a term of this contract<\/p>\n<p>thatSuperAds Agency will place daily newspaper advertisements in all the daily English and<\/p>\n<p>Chinese newspapers, between 1 October and 20 December 2014.\u201d<\/p>\n<p>On the 15 November, MFP discovered that SuperAds Agency had not placed any<\/p>\n<p>advertisements in the Chinese daily newspaper on 8 November and 10 November. MFP<\/p>\n<p>informedSuperAds Agency that it had breached \u201ca condition of the contract\u201d and so it<\/p>\n<p>terminated the advertising contract on 18 November. SuperAds Agency was angry and insisted<\/p>\n<p>that the contract cannot be terminated.<\/p>\n<p>MFP ignored SuperAds Agency\u2019s response and immediately engaged another advertising<\/p>\n<p>company, ProAdvertising Agency. The new agreement required ProAdvertising to engage in<\/p>\n<p>an intensive daily advertising campaign between 20 November and 20 December. However,<\/p>\n<p>by 22 November, all 100,000 tickets for the concert had already been sold so MFP cancelled<\/p>\n<p>its contract with ProAdvertising. There was no clause in the contract which permitted such a<\/p>\n<p>cancellation. ProAdvertising was extremely upset as it had pre-booked all the advertisement<\/p>\n<p>spaces with the newspapers.<\/p>\n<p>(a) Advise MFP as to whether it was legally entitled to discharge the contract with<\/p>\n<p>SuperAds Agency. In your analysis, identify the nature of Clause 8 of the contract and<\/p>\n<p>examine the consequences of breaching such a term. You should examine the issues<\/p>\n<p>from MFP\u2019s perspective.<\/p>\n<p>(250 words)<\/p>\n<p>(b) Explain to ProAdvertising whether there was any legal basis for MFP\u2019s cancellation of<\/p>\n<p>its contract and MFP\u2019s attempts to stop ProAdvertising from performing its contractual<\/p>\n<p>obligations. You should conclude your analysis by briefly stating the claims (if any)<\/p>\n<p>whichProAdvertising can make. You should examine the issues from ProAdvertising\u2019s<\/p>\n<p>perspective.<\/p>\n<p>(250 words)<\/p>\n<p><strong>\u00a0Question 3<\/strong><\/p>\n<p>Gavin was working for ToyzRU as a procurement manager. The company requested him to<\/p>\n<p>source for and purchase a second-hand van for its deliveries of toys to its customers. In a<\/p>\n<p>meeting with the company\u2019s director, Gavin was instructed that the second-hand van should be<\/p>\n<p>in good condition. He was hesitant about this task that was assigned to him as he knew very<\/p>\n<p>little about vehicles. He bicycled to work daily and the only experience he had with vehicles<\/p>\n<p>was watching car commercials. However, Gavin did not share his concerns with the company\u2019s<\/p>\n<p>director as he wanted the company to have a good impression of his capabilities.<\/p>\n<p>After a few weeks of visiting car dealers, Gavin managed to find a second-hand van.<\/p>\n<p>He noticed that the bonnet and bumper were dented.<\/p>\n<p>However, he was in a rush and hence, did not make any enquiries about the dents. He simply passed his name card (which states his name, job title and office contact details as well as the company\u2019s name) to the car dealer. After completing the details in the contract for the purchase of the van, the car dealer signed the contract and then passed it to Gavin for signature. Gavin signed it, writing above his signature \u201cfor and on behalf of ToyzRU\u201d. The van was then delivered to the company.<\/p>\n<p>A week later, the van failed to start. A mechanic confirmed that the van suffered from a numberof serious mechanical defects because it was previously involved in an accident and was repaired poorly.<\/p>\n<p>ToyzRU is now claiming that the contract (which Gavin signed on its behalf) is invalid because he did not follow its instructions to purchase a van that was in \u201cgood condition\u201d.<\/p>\n<p>(a) Analyse and conclude whether the contract that was entered into by Gavin (on behalf<\/p>\n<p>ofToyzRU) and the car dealer is valid and binding. In your analysis, you should identify and discuss the relevant relationship between Gavin and ToyzRU.<\/p>\n<p>(500 words)<\/p>\n<p>(b) Discuss whether Gavin had breached any agency duties and if yes, give examples of<\/p>\n<p>duties that have been breached.<\/p>\n<p>(250 words)<\/p>\n<p><strong>SECTION C<\/strong><\/p>\n<p>Prepare a set of PowerPoint presentation.<\/p>\n<p><em>Note: Students should select only <strong>ONE (1) question <\/strong>(out of the three questions in Section A<\/em><\/p>\n<p><em>above) for the powerpoint presentation. Your PowerPoint presentation must contain at least 20 words. The maximum number of slides is fifteen (15).Please do <strong>NOT <\/strong>download and use PowerPoint slide design templates from the Internet.<\/em><\/p>\n<p><a href=\"http:\/\/assignmenttask.com\/order_now.html\" target=\"_blank\" rel=\"noopener\"><img loading=\"lazy\" decoding=\"async\" class=\"alignnone size-full wp-image-442\" src=\"http:\/\/assignmenttask.com\/tutorhelp\/wp-content\/uploads\/2015\/06\/service3.png\" alt=\"Assignment Help from Experts Australia - UK &amp; US\" width=\"807\" height=\"275\" srcset=\"https:\/\/assignmenttask.com\/tutorhelp\/wp-content\/uploads\/2015\/06\/service3.png 807w, https:\/\/assignmenttask.com\/tutorhelp\/wp-content\/uploads\/2015\/06\/service3-300x102.png 300w\" sizes=\"auto, (max-width: 807px) 100vw, 807px\" \/><\/a><\/p>\n<p style=\"text-align: center;\">\u00a0===========<strong>ABOUT ASSIGNMENT TASK<\/strong> ===========<\/p>\n<p>\u00a0<a href=\"http:\/\/assignmenttask.com\/\"><strong>AssignmentTask.com<\/strong><\/a> provides high-quality <a href=\"http:\/\/assignmenttask.com\/assignment-help.html\">assignments help<\/a> at wide range from Australia \u2013 UK &amp; USA academic experts and also guarantees to make sure delivery assignments on time @ reasonable rate. <em><strong>OUR ASSIGNMENT EXPERT WRITERS MAKES EFFORTS TO DELIVER BEST QUALITY ASSIGNMENT HELP, <\/strong><\/em><a href=\"http:\/\/assignmenttask.com\/essay-help\/\"><strong>ESSAY HELP<\/strong><\/a><em><strong>, CASE STUDY HELP AND DISSERTATION EDITING HELP<\/strong><\/em> on each Order. 100% satisfaction is our primary motto. Our customers get 24 x 7 hours live chat supports.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>_________________________________________________________________________________________ IMPORTANT NOTE \u00a0SECTION A Question 1 Abigail had built up a successful online business, selling dresses and skincare products that were imported from Korea. She decided to sell the business as she wanted to take a break from work. <a href=\"https:\/\/assignmenttask.com\/tutorhelp\/expressed-an-interest-in-purchasing-the-business\/\" class=\"read-more\">Read More &#8230;<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[300],"tags":[451,282,432,453,12,447,283,452],"class_list":["post-641","post","type-post","status-publish","format-standard","hentry","category-business","tag-assignment-help-tasks","tag-management","tag-masters-in-business-administration","tag-sample-assignment-report","tag-singapore","tag-singapore-university","tag-undefined","tag-writing-assignment-topics"],"_links":{"self":[{"href":"https:\/\/assignmenttask.com\/tutorhelp\/wp-json\/wp\/v2\/posts\/641","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/assignmenttask.com\/tutorhelp\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/assignmenttask.com\/tutorhelp\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/assignmenttask.com\/tutorhelp\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/assignmenttask.com\/tutorhelp\/wp-json\/wp\/v2\/comments?post=641"}],"version-history":[{"count":2,"href":"https:\/\/assignmenttask.com\/tutorhelp\/wp-json\/wp\/v2\/posts\/641\/revisions"}],"predecessor-version":[{"id":1010,"href":"https:\/\/assignmenttask.com\/tutorhelp\/wp-json\/wp\/v2\/posts\/641\/revisions\/1010"}],"wp:attachment":[{"href":"https:\/\/assignmenttask.com\/tutorhelp\/wp-json\/wp\/v2\/media?parent=641"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/assignmenttask.com\/tutorhelp\/wp-json\/wp\/v2\/categories?post=641"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/assignmenttask.com\/tutorhelp\/wp-json\/wp\/v2\/tags?post=641"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}