As a result of recent political changes, Myanmar becomes one of the major places that offer open market. So, there are a number of foreign entrepreneurs willing to co-operate with local business in order to invest in Myanmar. And also, there are some Myanmar citizens who wish to make business dealing between them. Among them, followings persons present before you and submit their wants.
a) Mr. Arthur, a foreign investor, who would like to establish computer hardware manufacturing business in Myanmar, want a U Ba to import construction materials and production material to Myanmar on behalf of him from a French Company, named “Clement”.
b) U Hla Maung, a Myanmar entrepreneur, would like to buy a land which situated in no.10, Moe Goke street, Ward 9, New Dagon Township, Yangon. The land involved 2 two stories concrete warehouse which has capabilities to store flammable things with 2 industrial electric meters and public water system. But the land is currently resides by a family who have taken responsibilities for safety of the warehouse under the authority of the Seller, U Tun Tin.
c) Dr. Dennis, an English Learned scholar who is running the University of Earl in London, wants to establish education service as a branch of his University together with Dr. Tin Moe in Mandalay. Their intention is to provide under-graduate and post graduate diplomas and degrees for Business, Managing Human Resources, Financial Marketing and Laws and they also want to provide training facilities for the courses.
d) Mr. Kim, the C.E.O of the one of the largest Korean textile manufacturing companies, is now establishing a textile factory in Wan Dwin. The factory will requires around 800 employees to run at full strength. Most of the employee will be female. He also wants to employ minor kids in order to achieve future efficient labor forces
e) Shwe Pyi Thit is a manufacturing company limited producing and distributing all kinds of furniture throughout Myanmar. The Company wants to expend their commercial achievements to South East Asian Countries but it has limited financial resources. It possesses two factories in Industrial Zone-1 which worth market value of 100,000,000 USD for each and a warehouse in Industrial Zone 2 which worth 50,000 USD. So they would like to pledge their properties to ABC Bank and request for financial assistant.
Task – 1 : Advice Memo
Explain the importance of the essential elements required for the formation of a valid contract.
Discuss the impact of different types of contract.
Analyze terms in contract with reference to their meaning and effect.
Clients mentioned in the above scenario want to have written documents explaining about the topic they wish to understand. So, you have to write advisory memos about the following topics;
(a) Essential elements of valid contract and classification of contract
(b) Different types & classifications of contract
(c) Conditions, warranties, General and legal terms of the contracts
(d) Remedies for breach of contract
Task – 2 : Drafting Contract
Apply the elements of contract in given business scenarios.
Apply the law on terms in different contracts.
Evaluate the effect of different terms in given contracts.
Read carefully about the desires of the clients mentioned in the above scenario, and then draft a contract for each situation. It is important to make sure in each contract that it contains legal terms and practical terms; shall be made in appropriate format; duly filled up and flawlessness from both legal and practical the point of views.
Contrast liability in tort with contractual liability.
Explain the nature of liability in negligence.
Explain how a business can be vicariously liable.
The clients mentioned in the above scenario want to make no mistake while carrying out of their own business. They also want to protect from fault of other and third parties. So, they would like you to explain about the followings;
(a) Differences between tort and negligence under the lights of laws and explaining about employers liabilities
(b) Scope of negligence, extend of liability and remoteness of damage
Task – 4 : Solving Problems
Apply the elements of the tort of negligence and defenses in different situations
Applying the elements of vicarious liability in given business situations
Read carefully about the following scenario and gives solutions with judicial decisions and comments
(a) Kyaw Kyaw purchased a pack of potatoes chips, named “PP” and eats it. While eating, he thought that it was not in good condition for consumption and found that there is a dead cockroach in it. He then vomit and get food poisoned. He want to sue “PP” for negligence, advice him.
(b) U Ba is a raw material provider for a very massive highway road project. His job is to provide demolishing and cutting stones and the production place is covered with dust and dirt all the time. U Hla Zaw, an electric power generator vendor, is a close business partner of U Ba. U Ba asked U Hlaw Zaw that he need a very powerful generator to run his demolishing and cutting stones process. U Hla Zaw provides what U Ba asked for; but the generator requires open sites and fresh air in order to operate properly. When the generator was placed and run for 2 days, it broke down and cannot be repaired. Discuss about claims U Ba could make and defending position of U Hla Zaw.
(c) Mr. Franklin is working for ABC bank for several years as an accountant. Mrs. Kidman, a well known investor, brought a large portion of the shares of ABC bank upon the potential financial success of it through the audit reports of the Mr. Franklin. After 6 month of the Bank’s shares dealing, its banking license was suspended for several months due to accusations of the money laundering. She wants to sue him for negligence. Advice.
(d) Mr. Kumar, an Indian musician who has a wife and 4 kids wants to reside in Manchester. As a new comer to England and a famous musician, he’s got a lot of visitor. So the house he lives becomes too crowded. He doesn’t want to annoy any of his neighbors and want a favour from his landlord. Advice him about his liability as an occupier.