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Hi Tutor, can you please provide brief explanation in ILAC format for question B only. (Issue, Law, Application and Conclusion). Thank you Tutor Daniel, aged

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Hi Tutor, can you please provide brief explanation in ILAC format for question B only. (Issue, Law, Application and Conclusion). Thank you Tutor

image text in transcribed
Daniel, aged 15 is a very famous social media influencer. His followers on Instagaram and TokTok amount to nearly 1 million. His contents on the social media mainly revolve around him cooking and creating new easy recipes. CookSedap Bhd, a company producing instant cooking pastes acknowledged Daniel's popularity and intended to make use of his popularity. CookSedap Sdn Bhd offered a contract for Daniel to be the young ambassador of CookSedap Son Bhd' products, and to formulate the recipes for more cooking pastes. After a discussion with his family, Daniel accepted the offer to collaborate with CookSedap Son Bhd. Among the terms agreed by the parties are: i) Daniel will develop special instant cooking pastes with CookSedap Son Bhd; ii) Daniel will promote the products that he developed with CookSedap Sdn Bhd. The promotion is to be done both physically and virtually through social media; iii) CookSedap Son Bhd will pay for Daniel's private tutor fees, as Daniel is unable to attend normal school due to his tight schedule; iv) CookSedap Son Bhd will be entitled to 40% of the earned profit from the developed products; V) The trademarks of the developed products belong to CookSedap Sdn Bhd; and vi) Daniel is not allowed to sign any contract with any other party while his two years contract with CookSedap San Bhd is in force. Half a year after the contract, a dispute arose between Daniel and CookSedap Sdn Bhd. Feeling anguished, Daniel went on and signed a contract with CookSenang Sdn Bhd, a competitor of CookSedap Sdn Bhd. With reference to the Contracts Act 1950 and decided cases, advise CookSedap Sdn Bhd on the following matters: - a ) Whether CookSedap Sdn Bhd can sue Daniel for a breach of contract. (30 marks) b) Whether they may recover the fees paid for Daniel's private tutors, amounting to RM60,000. (20 marks)

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