On January3, 2007, Mr. Suen, the owner of Dai Fat Garage, sold it to Clement who kept the same name and appointed Mr. Suen as the manager under a contract which stated that:
i) Suen was appointed for three years as from 5 January, 2007;
ii) he was not to buy any tyres except new ones; and
iii) he was to be paid a commission on all sales of petrol in excess of the figures for the year ending 31 December,2007.
Criminal law, Contracts of Employment , Agent law
2007-12-05 1:52 am
回答 (2)
2007-12-06 1:10 am
✔ 最佳答案
唔明～～～
2007-12-09 7:29 am
In this case,the employment contract is between the company and Suen, if Clement had sold the garge to Pacific Garages, the employement contract is not related to Clement.It should be the duty of new owner,Pacific Garages.
If Clement need to terminate Mr.Suen employment contract before transfer the ownership to Pacific,there is a ways advice to him.
Termination by giving notice-S.6
giving the requisite notice or wages in lieuofnotice.As it is a continuous contract(Aummed 4-18),the period of notice ortheamount of wages in lieu of notice required depends wheather the employement contract stipulates the length of notice.If so,the period (which must not be less than 7days) stipulated should be followed.Otherwise,not less than 1 month's notice musy be given.thenotice period should not be included maternity leave or annual leave.(ASSUME AFTER PROBATION)
b)Suen is a agent of the Garge.The Garge owner ,Clement is a principal.
Suen 's action is excess his expressed authority.he bought the old tyres.
And as an agent,undsclosed trade discount also, if the transaction is because of receiving a birthday gift ,he is breach the duty of aviod conflict of interest and duty to account.
About the authority,if Speedy doesnot know that,and relies the agent has this authority,the contract of the 5000 tyres is binding,and he need to pay it.And he only could sue to Suen.
2007-12-09 14:24:20 補充：
O,,,,WELL....
If Clement need to terminate Mr.Suen employment contract before transfer the ownership to Pacific,there is a ways advice to him.
Termination by giving notice-S.6
giving the requisite notice or wages in lieuofnotice.As it is a continuous contract(Aummed 4-18),the period of notice ortheamount of wages in lieu of notice required depends wheather the employement contract stipulates the length of notice.If so,the period (which must not be less than 7days) stipulated should be followed.Otherwise,not less than 1 month's notice musy be given.thenotice period should not be included maternity leave or annual leave.(ASSUME AFTER PROBATION)
b)Suen is a agent of the Garge.The Garge owner ,Clement is a principal.
Suen 's action is excess his expressed authority.he bought the old tyres.
And as an agent,undsclosed trade discount also, if the transaction is because of receiving a birthday gift ,he is breach the duty of aviod conflict of interest and duty to account.
About the authority,if Speedy doesnot know that,and relies the agent has this authority,the contract of the 5000 tyres is binding,and he need to pay it.And he only could sue to Suen.
2007-12-09 14:24:20 補充：
O,,,,WELL....
參考: MY knowledge
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