Question
Hercules works as a consultant for Anywhere Pte. Ltd. (Anywhere). He provides personal fitness advice to walk-in customers. Anywhere pays Hercules a commission of $200
Hercules works as a consultant for Anywhere Pte. Ltd. ("Anywhere). He provides personal fitness advice to walk-in customers.
Anywhere pays Hercules a commission of $200 for every new customer who signs up for a personal training package with Anywhere.
.
As Hercules prefers to focus on providing fitness advice, he engaged Sonia as his agent to collect commissions from Anywhere on his behalf.
At Sonia's request, Hercules sent the following email to Anywhere, copying Sonia, "I,Hercules, have appointed Sonia as my agent to collect my commissions from Anywhere for me."
After working for Hercules for a few years, Sonia decided to take the initiative to negotiate a new written contract between Hercules and Anywhere, without first checking with Hercules. Sonia thought she could help Hercules earn more money.
Sonia only informed Hercules about the new contract after all the negotiations
had been completed and she had already signed the contract with Anywhere on Hercules's behalf.
Under the new contract, Hercules guarantees that 10 new customers will sign
up for a personal training package with Anywhere every month and Anywhere
promised to pay Hercules a commission of $400 for each new customer.
However, if there were less than 10 new customers in any month, Hercules
would have to refund to Anywhere half of the total commission that he earned
from Anywhere that month.
Explain clearly whether, based on the facts mentioned above, Hercules
is bound by the new contract.
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