Reference no: EM131237930 , Length: 1200 Words

1. Define “terms of a contract” and discuss the 2 categories of terms commonly found in contracts.

2. Mason Cynoma, a high-end home furnishings outlet had advertised for the position of a visual showroom merchandiser cum manager. Under the terms of the advertisement, the successful applicant was expected to “be a self-motivated entrepreneur who was tech savvy, had an eye for color, design and was up-to-date with global home furnishings trends. Successful execution was to be evidenced by creating dynamic visual displays on the Mason Cynoma showroom sales floors that generated interest from customers, seeing to a timely flow of product from back stock to sales floor and maintaining high standards for showroom floors at all times”.

Celine Chia, an experienced merchandiser previously with Cartons & Boxes, another luxury home furnishings retailer, applied for the job and was in due course selected. She accepted the job offer and the employment contract was concluded between the parties on 31 Dec 2015. Apart from the above description in the advertisement which was included in the terms of the contract, the terms of the contract also stipulated the following:

i. the successful applicant was to lead and complete the creation of new showroom floors on or by every 5th day of February, May, August and November;

ii. the successful applicant was required to attend a meeting with the store’s General

Manager and the other managers every 15th of January, April, July and October to brief them on the theme and progress for the impending change in showroom floors’ design.

Celine started work on 4 Jan 2016 and quickly got into the swing of things and started planning the next design change for the showroom floors. On 14th of January 2016, Celine’s best friend Whitney suffered from a bad bout of depression and Celine spent the night with her, trying to console and counsel her. As a result of Whitney’s unstable condition, Celine forgot about her meeting with the General Manager on 15th January 2016 and stayed with Whitney instead. She realized her oversight when she returned to work the next day. She quickly arranged and called for a meeting on 19th January 2016.

1. At the meeting, Celine outlined the progress and explained the theme for the 5th February floor design. However, Bobby Boon, the General Manager, was rather unhappy at the delay in the calling of the meeting. He also felt that Celine was not thorough in her presentation and had reservations about the impending showroom floors’ design changes.

On the morning of 5th February, Celine received a phone call from a depressive Whitney and rushed over to her house. She spent several hours with Whitney and finally left at 1pm. She hurried back to the office and started to co-ordinate the floor design change. However, due to the rush over the previous weeks, Celine had forgotten to order several items needed for the showroom floors’ visual display. She quickly made changes to the design and the showroom floors were finally completed at 3pm on 6th February.

Bobby Boon was furious and wanted to terminate Celine’s contract.

Advise Bobby Boon as to whether he is able to do so in view of Celine’s breach of the terms of her contract.

Discuss the LEGAL PRINCIPLES in relation to the above case study, APPLY the legal principles and CONCLUDE on whether Celine Chia may be terminated.

Performance Guide for students:

Marks will be awarded for:

(i) Content :

a. Clear usage, statement and explanation of relevant legal principles

b. Original, clear, logical and convincing discussion on application of the laws to the facts

c. Statement of Conclusion

d. Appropriate referencing (in-text and list of references)

(ii) Number and quality of references: At least 5

(iii) Organization of answer and writing style (including spelling, grammar, syntax etc). Please make sure you use “Grammar and Spell check” functions to check your submissions.

Up to 5 marks will be awarded towards (i), (ii) and (iii).

2 INSTRUCTIONS for Continuous Assessment 1 : Individual Assignment

Deadlines and Guidelines are provided on the course D2L site

This is an Individual Assignment marked upon 100 marks.

Weightage for this assignment and participation in the 5 quizzes (topics 2 to 6): 15% (assignment) and 5% (quizzes) of total marks for this module.

Marks for the quizzes will be released after the CA1 Individual Assignment deadline.

Assignment should be type-written using 12 pt ARIAL font and 1.5 line spacing.

Word limit is 1200 words (excluding words in references) and must be printed at the end of assignment.

CA Submission

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Please read instructions and guidelines provided on D2L portal and in this document carefully.

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