University of Waterloo New Hong Kong Companies Ordinance Case Discussion around 1000 words, hong kong law, see attachment for the detail of the questions~

University of Waterloo New Hong Kong Companies Ordinance Case Discussion around 1000 words, hong kong law, see attachment for the detail of the questions~ Timed Assignment ( Final )
Question 1 (16%)
Target Computer Company (‘Target’) is a company which sells computers. On 1st
July, Jimmy visited Target. As Jimmy was looking at a computer (with the price,
$9,000, displayed), Delicia, the owner of Target, told him, ‘This is a very good
computer! We have only a few items left! No shop can offer such a good price for
the same product! Would you consider it?’ Jimmy then said, ‘Yes! Do you
provide for free delivery service?’ Delicia replied, ‘No problem! Thank you for
purchasing the computer.’ Jimmy, however, refused to pay for it.
On 2nd July, Delicia received a fax message from Carmen, a customer. Carmen
stated in the message that she would pay $10,000 for a computer (model specified) of
Target. On the same day Delicia wrote a letter to Carmen saying that she (Delicia)
agreed to the deal. On the morning of 3rd July, Carmen left a phone message for
Delicia saying that she (Carmen) would cancel the transaction. Delicia noticed that
there was a message from Carmen to her but she (Delicia) did not listen to it until 4 th
July. Meanwhile, Carmen received Delicia’s letter on the afternoon of 3rd July.
(a) whether Delicia can sue Jimmy for breach of contract; (8%)
(b) whether Delicia can sue Carmen for breach of contract.(8%)
Question 2 (16%)
Kenny teaches swimming for Kitty and May. Kenny has agreed to teach each of
them one lesson (3 hours) per week and the fee for each lesson is $300. On 1st April,
he asked Kitty whether he can receive an additional $1,000 if he could help her to
achieve ‘a good result’ in an upcoming swimming competition. Kitty agreed. She
didn’t get any prize and refuse to pay him the $1,000.
On 10th April, after teaching May for 3 hours, Kenny told her that she only had to pay
him $200 since it was her birthday (May and Kenny are also good friends). May
agreed and paid Kenny $200. Kenny, however, then regretted and demanded her to
pay $100 more being the balance.
(a) whether Kitty needs to pay the $1,000 to Kenny; and; (8%)
(b) whether May needs to pay the $100 to Kenny for the April 10 lesson.(8%)
1
Question 3 (18%)
Cliff is the owner of a small garage. On 1st August, Cliff hired some repair
equipments for his garage from Alan’s company. It was the first time Cliff dealt with
Alan’s company. Alan gave an agreement form to Cliff to sign after Cliff ordered
for the equipments. The form was in English and in small print. One clause said
that Alan’s company was not liable for any loss of its customers due to any breach of
contract. Cliff did not understand English but he nevertheless signed the form. He
soon found out that the repair equipments could not be used to perform the functions
that he had mentioned to Alan before he (Cliff) made payment. He demanded for
refund from Alan. Alan refused. Alan’s company is the largest in the industry.
On 2nd August, Cliff purchased a few computers from Raymond’s mega computer
shop. Cliff had purchased computer software programs for his garage from
Raymond 4 times in July. There has always been a large statement in Chinese at the
exit area saying that there was to be no refund for any purchased item. Cliff never
paid attention to the statement. He later found out that all the computers were
defective. He demanded for refund from Raymond. Raymond refused.
(a) the legal position between Cliff and Alan; and;(9%)
(b) the legal position between Cliff and Raymond.(9%)
Question 4 (15%)
a. Which section indicates and how many forms of Company may be formed under
CO2014 and what needs to be done to form a Company.(7%)
b. What opinion on Financial Statement and Directors’ Report should the Auditor to
give and to what perspective? (8%)
Question 5 (15%)
a. Who will be liable for untrue or misleading statement in reports?(7%)
b. Who should have duty to exercise reasonable care, skill and diligence? (8%)
2

Purchase answer to see full
attachment