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Question 4 (25 marks) After Mandy (who was 16 years old) completed her GCE O levels, she decided to pursue a certificate in dressmaking. She
Question 4 (25 marks) After Mandy (who was 16 years old) completed her GCE O levels, she decided to pursue a certificate in dressmaking. She did some research over the internet and decided to enter into a 4-month Training Contract ("Training Contract") with Needles & Thread Academy ("NTA"). The cost of the Training Contract was $2000. Two weeks after she started her training, Mandy found herself unable to cope with the schedule. The Training Contract included the following terms: Training sessions are from 8 am to 6 pm daily from Mondays to Saturdays. Use of mobile phones is strictly prohibited during training hours. AW ! Lunch time is 45 min daily. NTA is entitled to extend training hours but shall inform trainee of the extension at least one working day in advance. 5. NTA does not guarantee that the Trainee will be able to find work placement after completing the Training Contract. She found that she could not get up in time in the mornings and ended up being late for her training quite often. The instructor also assigned practical work to be completed in class. When Mandy could not finish her practical work, she had to stay behind to complete them. She would like to get out of the contract. Mandy approached you for your advice. Required: (a) Define vitiating factors and state TWO (2) examples of vitiating factors. (3 marks) (b) Explain contracts of necessaries, using ONE (1) case law as an example. (7 marks) (c) Advise Mandy if she is entitled to terminate the contract. In your answer, you should provide all relevant LEGAL PRINCIPLES and case laws to be APPLIED to the facts of the case to reach your CONCLUSION. (15 marks)
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