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can you please help me answer the part 1 question it's about the case it's just about this case study will be the answers for
can you please help me answer the part 1 question it's about the case
it's just about this case study will be the answers for part 1
Major case CAEE STUPY cathro konwiy is a provd Gonestequ gradult ge compirte her funess Dvine an emplopment cortract with JG ioner which quttines ber hourt ber poveion ber aluey and the required notice for levive which is teo weeks Ae the time ihe was hited fettry wat tolt that there win opportunies to advance and to do freetance work buting the int fwer pron,. Gathron hat iearaed that inee Mo joreti is a farmity owned coeppuny and Eethrign act family fuan lones. Suan abrupey rwjected them w thout gevin thee any sincere conidecarion While kisirnn tas bees paid relatively well, she wants no advence and be able no set ser een shedale and evablich a diest bate of umaler buiverees. Suian adviped kartryn the couldnt work for then Sacan does not listen w cithper's whether Sowal hat any education in narketing or any training on the whwar uapd by ac Jenet. Afer a tew long monthe of frudration, cathre depided thet 35 jamen hus tecpere Itagrant and unimag inative Heo dheam is to tart her cwn marketing bowinese cattrpn watt to soprach the clente of io bone wish her plumi. Eathrym ahe hat some ever istens for developing a marketing bustrew serving wrul buninemes that ian' iffied a fol time miterting Befoen kathryn cave notice the decidod to eot some thinge startad te apen her own for hew butines owners. As the iemind, xatirn leambd valuble information above 1 if + in nen zongetion or norsolictanion delaies. the tavement protewionaly fribted to eriure in was done poppedy, She becided the busement Cathron needs to find out f the can carry on buinria out of her home and uccond, the bavemert ceeded major wark to mate it a weple soase, Kathrye doent fallyundectund woning hsuet io she decided to find a profecienal renevitien compary whs could porpere the cattrm with the nime of three bosisestet, which probided quotes to do the wos. pioviled a thonongh bst of ielereweb, nduding her perents theves. KENos providet the poh that best saned the needs of her buinest Ton weierd cathep aFNos wosld gat the thildind perimit qube evily as he hat done it numerput simes for coher jobe in tart Tem sad thar the price auoted indudes obtaining all the necesuarv aemits for the work becaum he was ne morfident it was a wory simple grocecic. Kattryn megot uded bada and forth about the deaflene and the cout and they came to an apremert on al thole limin. Kutiryn wiped a coritrat prepived ty lut Nod that eutined the work to be dose, the plan for the work, the fimeline for no mertien of the builing bernt Wher katorns caled fom he assed her that he wodd the nachines nigh be domaged. Her io woser agobd to keld the machines tor a cosple noes menthe reteved that there was no Jukwardvers and no probleme weh ic ionel fow Eutiryn coule rally vart markting her boviness. Throuphout her wan at is jones. kathon developed a lut of businelvet that the thosete cocit wie ione updating or sebranding of their buiness nume. buinewer weren't worth purvine vatirp had a lat of thone buancuset on ber anmpune ine at werk She downitoded them and teleted then from her work computer. Eathry hal abs these precedents is bee tor ieference and ine Fe find inem kathon needed for ter offee to to speratiand wat a cinputer avitem. divovered the inert version of the nomperer wosld cost ter an cutragrovs sum of moner cathy devided to bay the version phe was uing, kathe moie with the faruger ar the local stine. The manager seemed surpeised at her quection, He solt kattryn he didn tingw mugt ifind were companbie, Bnied on ths adver, kathrm bought the dister verson of the ronpunr and sptured within 39 dan keptryn didn't really read the be we and jut dided pn the "laccepr? the conputer wet up. the advied all sempletes, peccedents and ether muteriah kachron crented dunre ter wock as Whle kahnn wai buvy during the dav geting al ter papewos done at ic lonel: cathrn came heme one evening to leurn that there wai a wenelcant deloy in the renowations do phe work the followinc der, wo the deloy would not te as long as anticiante cathrye industing the detry of the opening purty and the lovt revenue trom opt being able to ent per Funt Your future would be open for bulinesi on a wechs date Eattryn udvinet Tom thas ihe would eapect some comperuston for the deliy in completing the contrapt, Jom stabed that ine would bo pveryeting he could men if it meant the worken ahowid up on netivelund they could decias 2 luber if there was a deby, Baiet of his asiurince, kathye agind no the workers soming bis ker nome afor regulir hoors to ger the wod dose for the last bint. Orer the wekkend, Kabryn becane very anvisus when whe aw the bivas had not 31+4x2 it het home as reos at posisle Ainus, after weck of detwy and trutrationt weth nt wos the work win finituet cathepm gat her office set op. Kathrm receined a few calo ieen potential clenti but dup to the delent the win't able to provide arry quetes katirye got the humbere, the pretes and photocoginn in place cattry comected her coniputer asd was poinc ns downlad rhe wobwere whet proestiming Eathen wat verr thutratid an ahe took the advict of the aiksench at the computer store and had purchines the older compiener inder the idvete af the abigomen that it wojld coprite the sofiwer de itequei for her bisineis. cation hai ho deode whethe 16 seturn che comovter or the softwat bve whel she sevecwed the abrarter for the woth ware merthe wating for her cerpocter to te iet vo. 10 ple store and so the athul masager who sold ner the compunet, Ather speding wis a seprisenative from Nerd Herd the manoper ageed to gve her a tall retand povides in was acpled to the new conpoted Once tathron worked out the comouter inser Eatronest was imllar ts another company ' name. "Plantinc the ficture", which was a greenhoule and cantening itore. But becaust they do not carry on buinesi in witerbe and at wavit the siene tree of bainees, is Kathryn didnt thini there would be an wiye. fo adverthe, kathryn contacted the small companim ihe wantad it arovele servent imp when Kuttryn morked for iG looes. Eathpe pendt out malinge to seme if her farmer clinth m woreed se sobedile a fweting. She vid kacirn that the did not ite ber penen 16 joses hered 10 seplace cathry and ACUI was ioching for anether maveting oempans Doring the convergtion, karhrom tid her that 16 lones was uing outdobed bechnoles and was very jevicel Saly hat perminated the rontrast with is iones and wanted katirn to come tar the nevt beard mesting to prewere het plan. afveing her to sap defaming 36 fonet and their wervicet and iolceing their clents or it would conmence an action for defaration as well at infucement to berach contract Eathyn is worned about there inume in ithe had appesached a number of clipnts of 16 . bones. cathen caled a former prideviser at Conectrea to aik him if Dere wat an outiandinc itident Wha could rome and wosk for her part time while they wees in ahbook to hele inglemert work ethic: The prolecuar did wey that Davinder wai youre the win only in tin fint iementer bue coolacted him about a pas ble po opgotinty, to which ke responded ragely wh acopy of poction wath her berinest He would te a part time erplovee working as 25 hours per week earning $17,00 per hour with a ponubley of as annual benis dependine on the wechut dt the bueinew. Dwinder acrepoed the other and lieved the contract, which inelubet non-solicterion and son-cospertition cinuast bnes and what the probiens weie theie charty after meeting with Solly, she calles cuntry to afulue her that ihe wat impreived br kethryis pretemation and Acur wurtists metan the wervicel Saly had berminated the contract with J gonev and wanted kethryn ts epme to the eent bourd mevire to prewert her plam. Short/y ather being recained by ACME, kathry receted a intter inam 1 gones' lawver advinge her to vap defarting 16 Jones and their aervicet and aplicleng their clacti or it would tommence in action for difamation as well at inducement to treact contract fetherna woried absut these iatuet in she tad apprached a number of clerta of ic iones. amarine plont and io many infervend chents but dhe realted whe cant do al the work herpet who could tome ind work for her piect time while they were in achool to hele irpienert work ethic. The prolesiser did say thut Devinder win youre He win only in he finl semeiler but he woul be a eveat enviopet for kasyn kathrm dotaines bavinder's emell and she hit necune Atter meting him, Eathrys aulind how voun he really was He portlale wat impeccable but hir age cauled Kathryn to hestate to ather him the poseion aher ieceiven powich with her berineic. lie would be a part tene employee workeng is 3 ss houn per weik buineis. barinder accepted the offer and siped the toetrat, whith includet senselictition and non sompetition clasten. forpon to so in. Whes cathy dave for her meesine be ripped and fell becaking her am Gathen went 16 some stminas designed so help her star up-10 datr wh new hotwar add mplement new ales dor usine the inernet for narkene Doring the nect 6 mosth. The needed move hels and moner so hels expond the buimess She realind thut iesoind ae Tinan+10 With the lateut udfwate for marketing would sedure igenicint cagtal, and Eethryn moednd te decide how to get the moncy for thih purcture. at ane of the unniur se how to eapand yoar buinem rattirn mut a wamum fopnne En, who wanted to leive her emplovinest and atart her own buineia she hud nonry to meat and abcut 10 vean of eaperence in marketing and abvertaine dounne det net hase met for lanch a few smes, Derise olese metings kathry shoussed the posibiliy of isuecte wartive her job and the twe of them creming ther ewn besiness, their mernes and deciaion continued for a Aew months while loanee was decidfe whut she wanted to dip come bo work with Kathry at Flating for voue finure she didr' want wo be as emplover Ther needed so consider what form of busivess crephe Gathor remenbees her turanes lisw daw and that there are a frw options ber decised to pontact a lawyer atout which ctecer bert sited cuthrin and deame. Cirvisns for Part 1. seteresce to the elements for a wals contract. 19 munh 3. Asturing there wai a beat, what innedin are aralatk to the etocem phatp? if marks 4. Eathrin receiveth W the amoual pobidet with the latest software for marketing would require significant capital, and Kathryn needed to decide how to get the money for this purchase. At one of the seminars on how to expand your business, Kathryn met a woman, Joanne Kirk, who wanted to leave her employment and start her own business, She had money to invest and about 10 years of experience in marketing and advertising. Joanne did not have many contacts as her employment contract prohibited her from soliciting any clients of her current employer. Kathryn gave Joanne her card and suggested they meet to discuss a possible business arrangement between them. After the seminar, Kathryn called Joanne and the two met for lunch a few times. During those meetings, Kathryn discussed the possibility of loanne quitting her job and the two of them creating their own business. Their meetings and discussion continued for a few months while Joanne was deciding what she wanted to do. As her discussions with Joanne progress, Joanne decided she would quit her job and come to work with Kathryn at Planting for your Future. She didn't want to be an employee. They needed to consider what form of business create. Kathryn remembered her business law class and that there are a few options but decided to contact a lawyer about which choice best suited Kathryn and Joanne. Questions for Part 1 1. Is there a valid contract between Kathryn and AENOS? Provide an explanation with reference to the elements for a valid contract. (9 marks) 2. Did RENOS breach the contract with Kathryn? If so, how was it breached? (4 marks) 3. Assuming there was a breach, what remedies are available to the innocent party? (4 marks) 4. Kathryn received an invoice from RENOS which was in excess of the amount provided for in the contract. Despite Tom's verbal assurances that the costs for obtaining the permits and rezoning of Kathryn's home were included in the contract, the invoice contains additional charges for these items. (i) Is Kathryn required to pay this amount? What arguments can Kathryn make that she is not liable for these amounts? (4 marks) (ii) What problems or obstacles does Kathryn have with her argument? Provide a full explanation of the problems. (4 marks) (iii) Who would be the Plaintiff and who would be the defendant?(2 marks) 8 ipage (iv) Whe would be successful? Why? Be sure to cite any cases that may apply. (3 marks) 5. is the contract between Kathryn and Davinder valid and enforceable? What, if any. arguments would be made against enforcement? (4 marks) Step by Step Solution
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