The restraint of trade clause

Assignment Help Financial Management
Reference no: EM13846737

You must use the ILAC format when answering these questions. (800 words)

Mark worked as route manager for United Trucks Pty Ltd in Queensland from 2003-10. A term of his contract was that if he should leave the company, he could not engage in the trucking industry in Queensland for six years. In 2011 he registered a company called Sunshine Trucks Pty Ltd. Mark owns 99% of the shares. The other 1% is owned by his brother, Greg, whom he elected as sole director and CEO.

Sunshine Trucks operates from Townsville and carries goods all over Queensland. All contracts for haulage of goods are signed by Greg in the name of Sunshine Trucks Pty Ltd. Greg also signed a contract on behalf of the company, taking out a loan of $ 2 million from Grasping Bank in 2011 as start-up capital. The company did well during 2011, 2012 and the first half of 2013, but in July 2013 was not able to repay a loan instalment of $ 100 000 owing to Grasping Bank Ltd.

Mark comes to you for advice after receiving two letters: One from United Trucks Pty Ltd requiring him to cease the operations of Sunshine Trucks Ltd in Queensland, the other from Grasping Bank Ltd threatening to sue him for $ 100 000. Advise him, citing all relevant legal authority.

Please note that you should assume that the restraint of trade clause in the contract that Mark had with United Trucks is valid under the law of contract, and so you should therefore not address that issue.

Reference no: EM13846737

Questions Cloud

How were slaves acquired in africa : How were slaves acquired in Africa, and how was slavery practiced in North America? How did paternalism work as part of the culture of race enslavement?No word limit or requirement
Two investment accounts : You have your choice of two investment accounts. Investment A is a 14-year annuity that features end-of-month $1,350 payments and has an interest rate of 7.2 percent compounded monthly. Investment B is a 6.7 percent continuously compounded lump sum i..
What have been the determinants of american : What have been the determinants of American policy toward the Middle East? Further, have our strategic priorities shifted in recent years?
What were the several factors : What were the several factors (or catalysts) that combined to make Revolutionaries of so many British-Americans, a mere twelve years after the French and Indian War--when they had felt a great surge in pride as British subjects?
The restraint of trade clause : Mark worked as route manager for United Trucks Pty Ltd in Queensland from 2003-10. A term of his contract was that if he should leave the company, he could not engage in the trucking industry in Queensland for six years. Mark comes to you for advice ..
Make a list of reasons jefferson''s political : Make a list of reasons Jefferson's political views differed from those of the Federalists. In an MLA style paper, reflect on how Jefferson went on to carry out those visions in a summary of 400 words.
The need for westward expansion : Students will write a 350-word MLA style essay on the reasons for and the need for westward expansion and the Northwest Ordinance.
Explain how native american groups differed u.s. groups : Explain how Native American groups differed U.S. groups in their attitudes and experiences as the two came into contact on the western frontier
Describe the conditions for freed slaves : Describe the conditions for freed slaves after the passing of the 13th Amendment. Discuss new conditions in regards to laws, opportunities, migration, racism and education. Regular essay format. Introduction paragraph, thee body paragraphs and a conc..

Reviews

Write a Review

 

Financial Management Questions & Answers

  What amount of new investment income

Crappola Hospital outside of Outback, UT has been thinking about changing its’ payroll period from a bi weekly to a monthly. The administrator, Baskitcase says they currently have 600 employees with an annual payroll of $18 million. what amount of ne..

  Approximate the before tax cost

Approximate the before tax cost using the following

  Manufactures time series photographic equipment

Photo light Corporation (PC) manufactures time series photographic equipment. It is currently at its target debt/equity ratio of 0.60. It's considering building a new manufacturing facility. The facility costs $40 million now to build. This new plant..

  What was the annual effective rate

You borrowed $45 from a friend and after ten months repaid $50.. What monthly interest rate did you pay?  (xx.xx%) What nominal annual interest rate did you pay?  (xx.xx%) What was the annual effective rate?

  An investor in treasury securities expects inflation

An investor in Treasury securities expects inflation to be 2.35% in Year 1, 3.15% in Year 2, and 4.25% each year thereafter. Assume that the real risk-free rate is 1.75%, and that this rate will remain constant. Three-year Treasury securities yield 6..

  Present value of an annuity stream-time value money

This assessment has two parts both addressing the subject of Time Value Money (TVM). Both parts should be submitted in the same paper. The main TVM problems relating to healthcare are: a) present value of a lump sum b) present value of an annuity str..

  Estimate the historical standard deviation

Estimate the historical standard deviation of google and compare the implied standard deviation with the historical standard deviation.

  Dividends are expected to grow at a constant rate

The stock’s current dividend is $1.00, and dividends are expected to grow at a constant rate of 3.5% per year. The intrinsic value of a stock should equal the sum of the present value of all of the dividends that a stock is supposed to pay in the fut..

  What is the internal growth rate

Net income is $2,262, Total Assets $39,150, Total Equity $21,650, and the retention ratio (beta) is 0.70. What is the internal growth rate?

  What is the addition to retained earnings

Billy’s Exterminators, Inc., has sales of $592,000, costs of $284,000, depreciation expense of $36,000, interest expense of $28,000, a tax rate of 35 percent and paid out $63,000 in cash dividends. What is the addition to retained earnings?

  Straight line break even analysis implies

Straight line break even analysis implies that

  What is the current price of bond

Black Water Corp. just issued zero-coupon bonds with a par value of $1,000. THe bond has a maturity of 25 years and a yield to maturity of 8.29 percent, compounded semi-annually. What is the current price of bond?

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd