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For each 360 words
• the employment of workers;
• the relationship between a supplier of precision equipment in India to its customer in the UK
• frustration of a contract for personal services
• a serious ankle injury sustained by a visitor to the premises of a company, where a faulty stair tread has been reported by a cleaner three weeks before
• the significance of the Articles of Association in a limited company
Describe how contract applies in each instance, if it does. You should make an alternative proposal for the relationship that applies if you do not agree with the contention, in each case.
Each correct answer is worth a maximum of 12 Marks
Specific problem
Following preliminary discussions by telephone, Smith, whose business card says he is the director of client services for Spurious (based in Oslo, Norway) sends an e-mail to a sole trader, Jones, (based in Hounslow in Middlesex UK) about a project involving software design for a new video game. The e-mail states a specified price to be paid on successful completion of the work, specifies a schedule for interim stages when reports and details of the work must be submitted and a date when it must be completed.
Jones begins work immediately, merely replying “Thank you for your e-mail” to Smith. During the course of the work a novel software process is developed by Jones, who says he believes it might be patentable in an e-mail to Smith, in the course of one of his interim reports.
Partway through the work Smith is dismissed from Spurious and three weeks after this, on the same day as the work was due to be presented, Jones receives an e-mail from Spurious telling him to cease work. When payment is sought by Jones for the work completed, the company refuses to pay but says that novel IP belongs to it anyway.
Jones then immediately goes to a reporter with a trade newspaper and says that Smith is a crook and Spurious has cheated him.
Smith and Spurious separately both instruct solicitors to sue Jones for defamation
Identify the positions legally with respect to:
1. The purported contract
2. The IP in the ‘novel software’ process
3. Jones’ claim for money for the work done
4. The defamation claim
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