Answer to Scenario One

Issue of the Case

Lee Would Be Able to Terminate the Contract and Seek the Damages?

Rule of the Law-

Under the Law of the Contract, the Term Representation by a Party Is Defined as the Statement of the Fact That Is Focused on Inducing the Party to Enter into the Contract. Misrepresentation Occurs When the Statement Made by a Party to Another Party Is False and That Statement Was Mainly Responsible for Inducing Another Party to Enter into the Contract (Morgan, 2020). the Remedy Under the Law of the Contract Is Totally Dependent on the Scenario, Where It Is to Be Decided Whether the Misrepresentation Is Untrue or Is Innocent, or Fraudulent, or Negligent. the Term Specified Under the Contract as the Promise Made by the Party by Representing Some Fact That Tends to Be False After That (Morgan, 2020).

Under the Law of Contract, There Are Six Elements of Misrepresentation Are-

the Statement of Fact Has Been Made by One Party for Entering into the Contract by Another Party. the Statement Is Considered to Be False (Pearson, 2020). the Statement Was False and There Was No Belief in Being Its Truth and Can Be So Careless in a Reckless Manner Whether the Statement Is Either True or False. Another Major Element of the Misrepresentation Is That the Statement Was Made with an Intention of the Party That the Other Party Will Act the Same as the Other Party Would Be Entering into the Contract Because of the False Statement. and the Last One Is That It Would Be Causing Damage to the Other Party Who Has Entered into the Same (Pearson, 2020).

Concerning the Case Law, Dick Bentley Productions Limited V Harold Smith (Motors) Ltd [1965] 1 Wlr 623, It Was Observed by the Court of the Law That There Was a Breach of the Term Because the Dealer Was Having Superior Expertise and Knowledge in the Same Field. Also, Concerning the Case Law, Associated Newspapers Ltd V Bancks (1951) 83 Clr 322, It Was Held by the Court of the Law That the Innocent Party Has the Right to Terminate the Contract and Claim Damages for the Wrong by the Breaching Party (Davis Et Al., 2020).

Analysis of the Case-

Applying the Case Law, Dick Bentley Productions Limited V Harold Smith (Motors) Ltd [1965] 1 Wlr 623, Where It Was Observed by the Court of the Law That There Was a Breach of the Term Because, in the Given Scenario, Virat and Rohit Has Made a Misrepresentation by Telling That the Café Could Sold 1000 Coffee Per Day but It Was Hardly 500 Per Day. Thus, This Statement Has Induced Lee to Enter into the Contract (Davis Et Al., 2020). and Thus, Applying Case Law, Associated Newspapers Ltd V Bancks (1951) 83 Clr 322, Lee Is Able to Terminate the Contract and Seek Damages (Morgan, 2020).

Conclusion

Thus, It Is Hereby Concluded That Lee as an Innocent Party Would Be Able to Terminate the Contract with Rohit and Virat and Also Would Be Able to Seek Damages from the Breaching Party.

Answer to Scenario Two

Issue of the Case-

the Issue Arises of Whether Jim Would Be Able to Take Legal Action Against Brian for the Breach of Clauses Mentioned in the Contract of the Employment.

Rule of the Law

According to the Law in Australia, Employers Might Not Be Able to Impose Any Restrictions Which Are Not Reasonable and Restrictions Which Causes Limitations in the Ability of the Employees to Earn a Living (Can Et Al., 2022). If the Employer Is Willing to Restrict the Employee, They Must Be Having a Legal Interest in the Business Which They Are Eager to Provide Protection. the Legal Interests of the Employer Generally Include the Interests of the Business or Other Intangible Assets Like Reputation, Goodwill, the Relationship with the Customers, and Other Technology Used in the Business. in the Country of Australia, the Courts of the Law Is Able to Consider the Clauses Which Are Related with Non Competition Clause, and It Is Important for the Protection of the Legal Interests of the Business of the Party Who Are Benefitted from This Clause (Can Et Al., 2022).

Concerning the Case Law, Austal Ships V Clay [2018], Wasc 178, It Was Observed by the Court of the Law That the New Employer Was the Direct Competitor Against Whom the Former Employer Has Lost the Process of Legality (Pashkov Et Al., 2019). Also, the Employee Was Not Having Any Current Knowledge About the Information Which Were Confidential at His Old Employer and Also About the Present Clients and Tenders. Thus, the Supreme Court of Australia Has Granted the Interlocutory Form of the Injunction to Protect the Interests of the Former Employer (Pashkov Et Al., 2019).

Also, Concerning the Case Law, Mcchurchy V Employsure, It Was Held by the Court of the Law That Post-Restraint by the Employer Was Reasonable. It Was Also Stated That the Clause of Post-Restraint Was Enforceable Against the Employee Who Has Joined the Business of the Competitor. It Was Also Upheld by the Law of Court That the Former Employee Was Also Responsible for Poaching the Colleague and This Caused a Breach of the Duty Which He Was Owed to the Former Employees.

as Per the Clauses in the Contract of Employment That Focus on Restraining the Employees from Working with the Competitors of the Organization Are Enforceable When the Employer Feels That Restraints Are Important for Protecting Its Legal Interests of the Business (Can, 2021). the Restrain Clauses Are Also Likely to Be Enforceable Against the Senior Workers Who Carry Sensible Information of the Organisation but Its Duration for Restraining the Employee Is Totally Dependent on the Length of the Information and Its Timing. Also, in the Contract of the Employment Law, the Employee Is Held Liable for Breaching Its Fiduciary Duty as Well as Its Contractual Duty When He Is Poaching His Colleagues with Former Employer. Thus, It Also Makes the Employee Liable for the Breach of Fiduciary and Contractual Liabilities of the Contract (Can, 2021).

Analysis of the Case

in the Given Case, It Was Found by Jim the Employer That Brian, the Employee Has Moved to the Competitor and Also Has Poached His One of the Best Representatives in Sales Department. Applying the Case Law, Mcchurchy V Employsure, It Was Held by the Court of the Law That Post-Restraint by the Employer Was Reasonable. It Was Also Stated That the Clause of Post-Restraint Was Enforceable Against the Employee Who Has Joined the Business of the Competitor. It Was Also Upheld by the Law of Court That the Former Employee Was Also Responsible for Poaching the Colleague and This Caused a Breach of the Duty Which He Was Owed to the Former Employees.

Conclusion

Thus It Is Hereby Concluded That Brian Is Liable for the Breach of Contractual Duties as Well as Fiduciary Duties Against Jim and Jim Can Take Legal Action Against Him.

Answer to Scenario Three

Issue of the Case

the Issue Arises About the Implications of Un Global Compact Principle in the Case of Jim.

Rule of the Law

Following the Un Global Compact Principles, Which Concern About Sustainability in the Corporate. Corporate Sustainability Begins with a System of the Values and the Approach That Are Based on Principles While Doing Business. It Is the Responsibility of the Business to Follow the Principles and Values While Having Presence and Practices (Orzes Et Al., 2020). with the Help of Such Incorporation, the Ten Principles of the Un Global Compact Are Forming Several Strategies, Procedures, and Policies. They Focus on Making an Establishment of a Culture That Shows Integrity (Barrese Et Al., 2020).

Principle Three of the Un Global Compact States That the Business Is Required to Uphold the Freedom of the Association and They Must Be Effectively Recognizing the Right to Bargain Collectively (Orzes Et Al., 2020). the Fourth Principle of the Un Global Compact States That There Is an Elimination of All the Forms Where Labor Is Compulsory and Forced. the Fifth Principle Effectively States There Is an Abolition of Child Labor While the Sixth Principle of the Un Global Compact States That There Is an Elimination of Discrimination in Relation to Occupation the Employment (Barrese Et Al., 2020). There Is Also Another Principle in the Un Global Compact in Relation to Anti-Corruption, Which States That the Business Is Liable to Work Against Corruption in All Forms, Which Also Includes Bribery and Extortion (Rasche, 2020).

Analysis of the Case

in the Given Case Scenario, James Was Already Manufacturing the Facemasks and When He Was Asked to Increase His Supply Capacity, He Started Hiring Child Labor for the Same. Also He Was Given More Than 50% of the Market Price. Thus, This Shows That the Business of James Indulged in Breaching the Aforementioned Principles of the Un Global Compact. the Principles Were Being Breached Because He Was Hiring Children as a Labour and Was Also Accepting Bribery for the Same (Rasche, 2020).

Conclusion

Thus, It Is Hereby Concluded That There Was a Breach of the Principles of the Un Global Compact by James.

References

Barrese, J., Phillips, C., & Shoaf, V. (2020). Why Do Us Public Companies Continue to Join the Un Global Compact: Ethics or Economics? International Studies of Management & Organization, 50(3), 209-231.

Can, E. (2021). Essays on Self-Employment, Income Taxation, Non-Compete Agreements, and Sports Betting (Doctoral Dissertation, University of Nevada, Reno).

Can, E., & Fossen, F. M. (2022). the Enforceability of Non-Compete Agreements and Different Types of Entrepreneurship: Evidence from Utah and Massachusetts. Journal of Entrepreneurship and Public Policy, 2,1-14.

Davis, G., & Rhodes, R. A. (2020). from Hierarchy to Contracts and Back Again: Reforming the Australian Public Service. in Institutions on the Edge? (Pp. 74-98). Routledge.

Morgan, J. (2020). Great Debates in Contract Law. Bloomsbury Publishing.

Orzes, G., Moretto, A. M., Moro, M., Rossi, M., Sartor, M., Caniato, F., & Nassimbeni, G. (2020). the Impact of the United Nations Global Compact on Firm Performance: a Longitudinal Analysis. International Journal of Production Economics, 227, 107664.

Pashkov, V. M., & Harkusha, A. О. (2019). Enforceability of Non-Compete Agreements in Medical Practice: Between Law and Ethics. Wiadomości Lekarskie, 72(12), 2421-2426.

Pearson, M. (2020). in This Chapter. Public Relations: Theory and Practice.

Rasche, A. (2020). the United Nations Global Compact and the Sustainable Development Goals. in Research Handbook of Responsible Management (Pp. 228-241). Edward Elgar Publishing.

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