Question
Scammy is a director with Fly-By-Night & Company Limited. One Mr. Willie, a long-time client of Fly-By-Night & Company Limited, runs a large sub-contracting firm
Scammy is a director with Fly-By-Night & Company Limited. One Mr. Willie, a long-time client of Fly-By-Night & Company Limited, runs a large sub-contracting firm and would like to do business valued at 50 million dollars. However, having dealt with Scammy over the years, he encouraged him to start his own business and to take the deal because, Mr. Willie, does not believe that Fly-By-Night is sufficiently stable to manage this large deal that he is putting forward, and in any event, he has a long-standing dispute with the Managing Director of that company. Sammy saw this as a golden opportunity to launch out on his own and notifies the Board of Fly-By-Night & Company that he was a little burned out and was therefore going on early retirement. He then proceeded to take up Willie's offer. Fly-By-Night has just been informed of Sammy's deal with Willie and has come to you for advice on their rights, if any, in this matter.
With reference to decided cases and illustrations, advise Fly-By-Night & Company Limited as to what action they could file in this matter, the likelihood of success and the available remedy that they may realize.
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