Smith and Roberson’s Business Law
Smith and Roberson’s Business Law
17th Edition
ISBN: 9781337094757
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
Question
Chapter 16, Problem 19CP
Summary Introduction

Case summary:

BC who had been signed to play basketball for the PH7 team, agreed to a three-year deal with another team, CC. The CC contract enabled BC to enjoin other teams from competing for the contract, as well as a provision that prevented BC from being assigned to another team without CC’s consent. MC company later took over control of CC. BC turned down the opportunity to represent CC.

To discuss: Whether the contract is assignable or not.

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Chapter 16 Solutions

Smith and Roberson’s Business Law

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  • Green was the owner of a large department store. On Wednesday, January 26, he talked to Smith and said, “I will hire you as sales manager in my store for one year at a salary of $48,000; you are to begin work next Monday.” Smith accepted and started work on Monday, January 31. At the end of three months, Green discharged Smith. On May 15, Smith brings an action against Green to recover the unpaid portion of the $28,000 salary. Is Smith’s employment contract enforceable? Explain.
    State whether the following agreements or contracts are void, voidable valid, and provide a reason for your answer. 1 ) Taylor, aged 17, gets married, and divorces two months later. After getting divorced, she enters into a contract with Michael for the sale of his house. ( 2 ) Jessica, aged 5, enters into a contract with John, aged 11, for the sale of his bicycle.    3 ) Nomsa, aged 16, runs a successful boutique with the consent of her parents, and enters into a contract relating to her business. 4 ) Amy, who is 17, has inherited an apartment in Cape Town from her deceased father. The apartment is valued at R2 million. With her mother’s assistance, Amy enters into an agreement to sell the apartment to her aunt.   5 ) Justin, who is mentally ill, concludes a contract for the sale of his laptop without his curator knowing. (2)
    Mohsin acquired a piece of agricultural land in Moro, Sindh from a local landlord, Qasim Soomro, on a lease term of twenty years. The revenue payable by Qasim Soomro on his land to the Provincial Government was in arrears. As a result, the land was advertised for sale by the Provincial Government. Mohsin, in order to prevent the sale of land, paid the sum due by Qasim Soomro to the Provincial Government. Under the provisions of Contract Act, 1872 explain whether Mohsin can recover such amount from Qasim Soomro.
  • In the Contract of employment between A and B, the latter agreed that for a period of five (5) years after the termination of his employment, he shall neither engage or interest himself in any business enterprise similar to or in competition with those operated by A, nor enter into the employment of any enterprise in the Philippines, except after obtaining the written permission of A. Is the agreement valid? Reasons.
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