MLC101 - Hiro and the Federal Bank of Australia - Akshita and Underground Solutions Case Study - Law Assignment Help

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Scenario 1 Case Study – Hiro and the Federal Bank of Australia (MLC101)
 
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 for 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.   

1. ISSUE
The issue is whether or not Hiro can win the competition and the $25000 bonus by enforcing the contracts using manipulation on incapacitated persons and undue influence. In either events if the contract was voidable.
i) Hiro used the power of manipulation on a mentally incapacitated person by convincing his grandmother whose’ s developing  Alzheimer disease that he will visit her   quite often if she gets the loan and puts a pool in the back yard .
ii) Hiro convinced his ex-girlfriend by taking advantage of her vulnerability that if she gets the loan, they will end up together which was a lie. 

Scenario 2 Case Study – Akshita and Underground Solutions Pty Ltd 
 Akshita runs a construction company called Underground Solutions Pty Ltd (US) that specialises in tunneling.  
 Every employment contract at 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. 

1. ISSUE
The issue is whether or not Akshita can enforce the clause in the employment contract against the two employees that are leaving her company. And how she can structure similar clauses clearly in the future, so that they will not be challenged.

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