BIBM521/1902: Commercial Law - Mary, Zac Law Case Study Assessment Answer

Law Case Study Assessment Task

Question 1A
Mary has been employed as the Assistant Manager of Modern Designs Limited, an architectural design business specialising in the design of eco-friendly houses. The business is located in Wellington. Mary is passionate about eco-friendly design and it is an area that she plans to continue working in. Mary has been employed by Modern Designs Limited for 6 years and has a total of 15 years work experience as a qualified architect. She has mainly worked overseas in Australia. Mary has been approached by another architectural firm, Buildings R Us Limited, and been offered the manager’s position, working in their Auckland office. Mary decides to accept this role and
resigns from her position at Modern Designs Limited. When Mary submits her resignation, the owner of Modern Designs Limited points out the restraint
of trade clause in Mary’s employment agreement. The owner reminds Mary that she cannot work for any other architectural business, in the North Island of New Zealand, for a period of 12 months following her resignation from Modern Designs Limited.

Required:
Discuss the factors (rules) that a court is likely to take into consideration, in respect of the restraint of trade provisions in Mary’s employment agreement, if Mary took the matter to court.

Question 1B 
Zac is 17 years old and wants to set up a dog walking business. He wants to borrow $5,000 from his bank to enable him to buy a car for transporting the dogs to parks. The bank is willing to lend the money but first it wants an assurance from Zac’s father, Terry, who has an account at the same bank, in case Zac fails to make the monthly repayments. Terry assures the bank during a telephone conversation with the Branch Manager, Christine, that it can rely on him to repay the loan if Zac can’t. Christine says that she’ll send through a form for Terry to sign but the form never arrives.
After five months, Zac is struggling. He doesn’t have as many clients as he expected and also he’s finding that he needs to spend more time on his studies. As a result, he can’t keep up with the bank repayments. Terry is also in financial difficulty with his own retail company and cannot pay
his son’s debt.
Required:
Can the bank enforce the respective agreements against Zac and Terry?

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