City College or university of Hong Kong School of Law LW3902 The Law Associated with Companies Mid-Semester Coursework Task Semester M, 2012/2013 Recommendations to Students: 1 . The assignment is worth 50% in the overall mark for this program. The total word limit is usually 1, 500 words, excluding footnotes and bibliography.
You should do a word count and suggest the number of terms on the cover page. When a paper surpasses the allowable word limit, only the initial 1, 500 words will be read and marked. 2 . Your answers must be dual spaced, and typewritten in 12 point, Times New Roman typeface.
Failure to comply with this kind of format will result in a penalty of five (5) marks. 3. Indicate the training course code and title, your name, student amount, seminar section, and lecturer’s name within the cover webpage of your assignment. 4. The deadline to get submission is definitely Friday 12-15 March 2013 at 5 pm. Additional instructions within the submission of your coursework job will be supplied to you about Blackboard as well as in class. your five. You must strictly adhere to the policy of City University or college of Hk on stealing articles, which is a significant academic offence. Suspected stealing subjects may be be subject to disciplinary actions.
You may discuss your work with others, however, you must give your own answers. In case there is doubt in regards to what amounts to plagiarism, please consult the lecturer. All coursework tasks will be examined on Turnitin for stealing articles and originality. 6. Virtually any sources to your answers must be footnoted inside the paper. You must cite authority (i. at the. cases and/or statutes) to support your legal arguments, and these sources must be known. 7. Types of proper citation: Case: Liu Hon Ying v Hua Xin Express Enterprise (HK) Ltd [2003] 3 HKLRD 347 Arrêté: s. 75(1) of the Companies Ordinance (Cap 32) 8. Extension to the deadline intended for submitting the assignment can be granted just in extraordinary circumstances. Prior to obtaining virtually any extension to the deadline, you must first approach the lecturer in the beginning with a cause and promoting documentation to get the ask for. 9. Any late distribution without agreement will incur a penalty of 5 represents per day. For instance , for a 2-day delay, a student’s tag may be reduced from 70 marks to 70 markings. No assignment will be recognized after twenty two March 2013. 1
Guidance: Answer equally questions. Query 1 (50%) Lee used to work as a chef at Golden Wok of Fortune, a well-known dim amount restaurant in Mong Kok, Kowloon. During his work, Lee received a lot of experience in the art of making, preparing and serving poor sum. In particular, Lee discovered the secret ingredients for the restaurant’s exceptional sauce, which made it is dim quantity items so popular. Since he was a child, Shelter had desired starting his own dim sum business, and after many dedicated in order to Golden Wok of Fortune, Lee decided to leave the restaurant.
Nevertheless , Lee’s career contract with all the restaurant comprised a noncompetition clause which forbade him from making a competing darkish sum business in Mong Kok within just 1 year of termination of employment. Additionally, it contained a confidentiality term which prohibited him coming from disclosing the constituents of any kind of recipes that Lee experienced learnt throughout his employment. To circumvent these restrictions, Lee integrated a wedding caterers company named Fragrant Kitchen Ltd. focusing on the preparing and sale of dim amount items intended for office parties and other special events.
The head office of the company was situated in Shatin, although had limbs located in Mong Kok and Tsim Sha Tsui. Shelter appointed himself CEO with the company, and was the only overseer and shareholder. The products of Fragrant Kitchen Ltd. had been very popular because of its special sauce, which felt suspiciously a lot like that of Golden Wok. Shelter also embarked on a very good marketing campaign, with the motto: “Enjoy excellent darkish sum inside the comfort of your office or home. No longer come to us, we will come to you! Due to the eye-catching prices offered by Lee’s new company, many of Golden Wok’s previous clients stopped patronizing Golden Wok. Golden Wok has seeing that become aware of Lee’s connection with Great smelling Kitchen, which is considering legal action against Lee. Advise Golden Wok. Question two (50%) Michael jordan and Joshua, both of to whom are durham interior decorators, decided to go in business jointly in 1990. Michael led HK$500, 1000, a vehicle and some supplies and equipment to the business. Joshua did not lead any money or perhaps assets, nevertheless agreed to function full time to get the business.
Michael and Joshua did not signal any alliance agreement. For the duration of their lengthy collaboration, Michael paid Joshua a monthly salary of HÄSTKRAFTER $16, 500, and also paid himself out of the business savings account. Only Michael had affixing your signature to authority around the business banking account. Joshua was very focused on the business and all of his buyers were impressed with his designing skills. Eileen, on the other hand, enjoyed a typically managerial part in the business and left a lot of the decorating work to Joshua.
Michael pocketed 2 all of the profit generated by Joshua’s decorating work, but re-invested some of the money in the business over time. In 2011, Michael jordan acquired a new office building for the business, which usually Joshua helped decorate and furnish. In 2013, after 23 years of working alongside, the relationship involving the two men began to bad. Joshua today wishes to be acknowledged as someone and statements to be eligible for 50% with the business’s assets. Does a partnership exist? Suggest Joshua. 3
