Question 1 (30 marks)

Anna has a relative, Bosco, who is the headmaster of a small primary school. This school is situated in a very remote outlying island in Hong Kong. Seeing that Anna was out of job, Bosco employed her as a teacher in his primary school. However, Anna was neither a registered teacher nor a permitted teacher, and the employment violated existing education laws in Hong Kong.

After teaching for a few months, Bosco discovered that Anna was very irresponsible and skipped lessons with a lot of excuses. Bosco warned Anna that if she did not improve, he would deduct her salary. However, Anna disregarded the warning and disappeared for a few school days. Bosco could do nothing but withhold her salary for two months. Anna was very angry and wished to initiate legal proceedings to claim back her pay.

Required

Advise Anna whether she has the right to claim the two months' salary that was unpaid. Focus your discussion on the basis of the vitiating factors of a contract. There is no need to make comments from the perspectives of Hong Kong education laws.

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