Hiro and the Federal Bank of Australia - Akshita and Underground Solutions Pty Ltd - Carmen Case Study - Law Assignment Help

Assignment Task:

Scenario 1 Case Study – Hiro and the Federal Bank of Australia 
Hiro is an employee of the Federal Bank of Australia (FBA) and works in the consumer lending division. FBA is currently running a competition with its consumer lenders with first prize being a $25,000.00 bonus at the end of the year. Hiro is very keen on the bonus and decides to speak to his grandmother and an ex-girlfriend of his about arranging loans to boost his sales figures.  
 
Hiro hadn’t visited his grandmother recently and his parents hadn’t informed him about his grandmother developing Alzheimer’s disease. He calls his grandmother and has a short conversation with her about the terms and conditions of the loan, saying to her “I think I’d probably come and visit more if you put in a pool in your backyard. This loan will allow you to build one.” His grandmother mumbles back a reply about it being very lovely to hear from him and says that the weather has been very lovely recently. Hiro presses his grandmother for an answer on the loan and she replies, “Whatever you think is best.” Hiro skips the background check and proceeds with the loan, getting the documents signed the next day. Hiro wonders if he’s done the wrong thing but assures himself there is no problem as his grandmother, despite never going to school, was always very wise in his view.  
 
Hiro then makes a call to his ex-girlfriend, Sally. Sally was very pleased to hear from Hiro as she had always loved him and longed to be together with him again. Hiro, knowing of Sally’s love for him, decides to exploit this love to ensure he gets another loan sale. Hiro says, “If you get this loan, you can buy a house and we can live together. I really want to be with you again, but I can’t see it working out unless you own a house.” Sally, desperate for Hiro’s love, quickly agrees to the loan. As Hiro feels a bit bad for Sally, he reduces the interest on the loan and feels much better about himself.   Advise Hiro on the enforceability of the above contracts.  
 
Scenario 2 Case Study – Akshita and Underground Solutions Pty Ltd 
 
Akshita runs a construction company called Underground Solutions Pty Ltd (US) that specializes in tunneling.  
 
Every employment contract at the US contains the following clause:    “No employee can use the same skills employed at Underground Solutions Pty Ltd at any other firm operating in Australia for ten years after finishing a role at Underground Solutions Pty Ltd.” 
 
Two of Akshita’s employees, Lin and Dimitri, decide to leave the company and hand in their notice. Akshita learns that Lin has accepted a new job at Grow Tall Pty Ltd (GT), a construction company that specializes in designing and building new parks and public spaces. Dimitri, meanwhile, has accepted an offer at Long Way Down Pty Ltd (LWD), a competing tunneling firm. US, GT, and LWD all operate across Australia and have local, state, and federal governments as their primary clients. 
 
Akshita wishes to enforce the above clause against her former employees.  
 
Akshita asks you for advice on whether she can enforce the above clause against her former employees. She also asks how she might structure similar clauses in the future to prevent them from being challenged. 
 
Scenario 3 Case Study – Carmen 
 
Carmen runs a business that buys wood from Spain, makes toys in Russia, then sells these to Australian companies for resale. Carmen runs her business from Russia. 
 
One day, the company she purchases the wood from in Spain fails to make a delivery Carmen had paid for in advance. The very next day, despite making a shipment of toys to her largest Australian client, the company refuses to pay for the toys. Neither company provides a reason for their actions to Carmen.  
 
Advise Carmen on the remedies available to her under the relevant international convention.

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