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Question 3 (30 Marks) Adam and Benny had been friends working together for a long time. Both of them are demolishing workers. As regard the
Question 3 (30 Marks) Adam and Benny had been friends working together for a long time. Both of them are demolishing workers. As regard the practice between them, it was Adam who entered into contracts with the landlords or occupiers of the commercial, industrial and residential premises. Afterwards, the contracts were performed by both of them. All the tools and materials for performing the purposes of demolishing tasks were supplied and arranged by Adam. Adam would pay Benny his part of remuneration for the performance of each of the contracts before Adam received the whole contract sum from the landlords or occupiers, Last month, Benny suffered injury when he performing the pest control in a school. Under the law, an employer has to pay his employee compensation if the employee suffers personal injury in the course of performing the employment contracts. Adam refused to pay Benny employee compensation on the ground that they were working together as partners. You are required: (a) Explain the legal principles in distinguishing service of contract and service for contract. (15 Marks) (b) Based on the principles set out in (a) and applied them to the facts of the case, advise Benny whether he is entitled to claim the employee compensation from Adam. (15 Marks) EH CTL Page 3 of 4
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