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MGT611 - Business & Labor Law Assignment # 1 Spring 2013, due Date May 02, 2013, Solution and Discussion

SEMESTER SPRING 2013
BUSINESS AND LABOUR LAW (MGT611)
ASSIGNMENT NO. 01
DUE DATE: 2ND MAY, 2013
MARKS: 20
ASSIGNMENT:
Topic:
“Kinds of Contract:”
Learning Objective:
• To help the students in understanding the laws of "Contract".
• To help the students in understanding the practical application of the laws of
contract in businesses.
Learning Outcomes:
• After attempting the assignment, students will be able to know about the
implementation of the law of "Contract".
• Students will be able to handle the situation caused by Coercion, undue influence,
fraud, misrepresentation, or mistake.
Case:
Mr. Yasir is an MBA graduate and is interested in establishing his own business, but as
he is a fresh graduate so he does not have some good ideas of what and how to start a
business for himself. To achieve his goal and meet his aim, he finally joined the company
of Mr. Khalid and Mr. Jamal, who deals in the computer accessories at famous center for
such a business. They had an agreement of 2 years, in which Mr. Yasir agreed with the
other partners that he will not carry on similar businesses at the business center until their
current business comes to an end.
After six months of the agreement, Mr. Yasir starts the same computer accessory
business in the same business center.
(a) Being a student of Business and labour law what kind of agreement took place
between the three parties? Justify your answer. (Marks 10)
(b) What would be the consequences of Mr. Yasir decisions to have another business
in the given scenario. Support your answer with solid arguments? (Marks 10)
IMPORTANT:
24 hours extra / grace period after the due date is usually available to overcome
uploading difficulties. This extra time should only be used to meet the
emergencies and above mentioned due dates should always be treated as final
to avoid any inconvenience.
IMPORTANT INSTRUCTIONS/ SOLUTION GUIDELINES/ SPECIAL
INSTRUCTIONS
OTHER IMPORTANT INSTRUCTIONS:
DEADLINE:
• Make sure to upload the solution file before the due date on VULMS.
• Any submission made via email after the due date will not be accepted.
FORMATTING GUIDELINES:
• Use the font style “Times New Roman” or “Arial” and font size “12”.
• It is advised to compose your document in MS-Word format.
• You may also compose your assignment in Open Office format.
• Use black and blue font colors only.
REFERENCING GUIDELINES:
• Use APA style for referencing and citation. For guidance search “APA
reference style” in Google and read various websites containing
information for better understanding or visit
http://linguistics.byu.edu/faculty/henrichsenl/apa/APA01.html
RULES FOR MARKING
Please note that your assignment will not be graded or graded as Zero (0), if:
• It is submitted after the due date.
• The file you uploaded does not open or is corrupt.
• It is in any format other than MS-Word or Open Office; e.g. Excel,
PowerPoint, PDF etc.
• It is cheated or copied from other students, internet, books, journals etc.
Note related to load shedding: Please be proactive
Dear students!
As you know that Pre Midterm semester activities have started
and the load shedding problem is also prevailing in our country.
Keeping in view the fact, you all are advised to post your activities
as early as possible without waiting for the due date. For your
convenience; activity schedule has already been uploaded on
VULMS for the current semester, therefore no excuse will be
entertained after due date of assignments, quizzes or GDBs.

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Replies to This Discussion

yes mr Adeel is right this is voidable agreement and nobody take legal action against him. in this type of agreement both parties make promise with each other. 

and also there is no consequences against him. because it is totaly depend on ethics. ethically mr. yasir took not any step before time.

look friends, yahan inhon ne mention b ni kia hua k agar mr, yasir term ko voialte kerty to koi legal sue persuit kia ja sakta tha ya ni,, main isi liyue zayada confuse hoon

Sir nai oper likha hai k is k assignment k bad students ye sab cheez samjh sakay gai matlab free consent wala tou free consent wala wesai bhi voidable contract mein hai tou i guess ye viodable contract he hoga

ma buhat confuse hun kch samj ni a raha lectr b lia plzzzzz help me

Restraint during term of service ---An agreement of service by which an employee binds himself, during the term of his agreement, not to compete with his employer directly or indirectly is not in restraint of trade. If it were otherwise, "all agreements for personal service for a fixed period would be void. An agreement to serve exclusively for a week, a day, or even for an hour, necessarily prevents the person so agreeing to serve from exercising his calling during that period for any one else than file person with whom he so agrees. It can hardly be contended that such an agreement is void. In truth, a mall who agrees to exercise his calling for a particular wage and for a certain period agrees to exercise his calling and such an agreement does not restrain him from doing so. To hold otherwise would, I think, be a contradiction in terms." Such an agreement may be enforced by injunction where it contains a negative clause, express of implied, providing that the employee should not carry on business on his own account during the term of his engagement. An employee contracted to serve as a weaving master for three years, and agreed not to serve anyone else in India during the period. He left the service after one year, and joined another mill as a weaving master. In terms the prohibition in the agreement was not restricted to serving anyone else as weaving master, but was absolute. The Court, however, in the light of the intention of the parties, construed the prohibition as confined to the profession of weaving master, held the agreement reasonable, and issued an injunction against the employee.

Dear Adeel, can you support your answer with Sections / Sub Sections of Contract Act 

plz koi to asssign upload karo do dear

I think, this is discussion forum you can not find any Assignment here bro

Lesson No. 12, Page no. 63 of Handout

i think k ap koi cheez ghorr sy ni parhty. i say k its depend on ethics iss ka matlab hota hy jo chezz ethic py base kar rahee ho oss py kisi kisam ki koi legal action ni ho sakta. mind it

This is voidable Agreement (An agreement not enforceable by law is said to be void) due to

1-Both parties are incompetent (Yasir is incompetent)

2-Unlawful Consideration (To hold him to start his own business - Restrain of Trading)

for Consequences 

I think only one Yasir can not continue his job with both parties

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