Explain to alice what is fiduciary duty of an agent

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Reference no: EM133322699

Case: Ms Winter, an IELTS training teacher teaching in an educational institution recently posted the following advertisement in Education Newspaper, which is a popular newspaper: "Willing to get 7.0 or above in IELTS exam? Join us! After taking our classes, if you still cannot get TD in the IELTS test, you will get the whole refund oftuition fee ofHK$2 0,000 plus HK$1,000. l have already deposited HK$2,000,000 of guarantee to show my sincerity. If' you are happy to accept this, please come to pay your tuition fee, and join our ciasses." After Alice paid the tuition fee and had attended half of the lessons, Winter told Alice that "sorry, the original advertisement is abolished, and you cannot get any refund of tuition fee of HK$20,000 plus HK$1,000". After that, Aiice continued to participate and completed ALL tutorial lessons but she ?nally got only 6.0 in IELTS. Alice decided to sue Winter but Winter argued that the advertisement was merely an invitation to treat and should not be treated as an offer. Moreover, she has informed Alice that she cancelled the original advertisement.

Question (a) If Aiice hired you as her solicitor, please advise Alice as to whether she can start legal action against Winter to sue for compensation, with reference to contract law cases.

Question (b) Alice is working as an estate agent for a company, and she is pregnant now. However, her boss wants to ?re her due to her pregnancy. Winter seeks your opinion on this as she is confused on whether an employer dismiss a pregnant employee. Can you explain some relevant rules to her?

Question (c) As Alice is working as an estate agent for a company, explain to Alice what is "fiduciary duty" of an Agent owed to the Principal?

Question (d) Aiice paid the tuition fee by "bill of exchange", but she did not quite understand this concept. Can you explain the concept of 'Bill of Exchange" to her?

Reference no: EM133322699

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