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As attached. Thanks Document Preview: Question 1 Julia went for an interview with Calypso Private Limited, one of the three companies in Singapore that manufactures sports medication for knee injury....

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Question 1 Julia went for an interview with Calypso Private Limited, one of the three companies in Singapore that manufactures sports medication for knee injury. This medication was developed specially for Asians’ physiology. Calypso owns the patent to this medication and has about 45% market share in Singapore. It has been trying to expand into South East Asia for the past 2 years. Unfortunately, despite many plans, Calypso seems unable to sell any products into any other countries in this region. During the three rounds of interview, Julia assured the HR Manager, the Sales Director and the CEO that she has “all the necessary qualifications and experience to ensure that the sales of Calypso will improve by 100% within 6 months”. Hence, Calypso offered Julia a job as a sales manager, responsible for driving all sales of the medication. She signed the employment agreement that contained the following Clause 8: “The Employee shall not, at any time during the term of his employment with the Company and for a period of ten (10) years after the cessation or termination of his employment with the Company, do any of the following: (a) directly or indirectly be engaged in any capacity (whether as an employee, consultant, or director) with any business that is selling all types of sports medication anywhere in the world; (b) solicit the business of any person who is or has been a customer of the Company, for the purpose of competing with the businesses of the Company; or (c) entice away any employee of the Company to work for a business that sells sports medication anywhere in the world. By the fifth month, it was clear that Julia was a very inexperienced sales person. She has not been able to close a single sale in Singapore or the rest of South East Asia. She decides to quit and join a Japanese company selling all types of sports medication, for shoulders, knees, elbows etc. The Japanese company’s products are also patented and can be used by...

Answered Same Day Dec 21, 2021

Solution

David answered on Dec 21 2021
125 Votes
Singapore Law
Singapore Law 1
1. Calypso vs. Julia
Signing an employment agreement simply means that a person has entered into a contract with
the other party and he or she is abide by the law. It is his/her obligation to follow the clauses of
the agreement and failing to do so will attract punitive action against him/her. In this case Julia
has been entered in a contract with Calypso once she joined the company and signed the
employment agreement. She needs to follow all the clauses mentioned in the agreement and if
there is something objectionable or unacceptable according to her, she would have turned down
the offer rather accepting that. And if she accepts, it does imply that all the clauses are acceptable
to her and she will definitely follow the same and failing to do so, she can face bad
consequences.
According to the agreement, during employment or a period of 10 years of leaving the
Company Julia will not engage herself directly or indirectly in any activity that involves selling
of all types of sports medication whether in home country or a
oad. And she cannot solicit the
usiness of a person who is a customer of the Company. Also, she cannot entice away any
employee of Calypso to engage him or her in a business involved in selling sports medication in
any part of the world.
Julia signed the agreement to join the company and she is supposed to follow this. But she
failed to do so and joined a Japanese company that in engaged in sports medication only. Also,
the claims she made to get the job at Calypso were false as she was quite inexperienced and
could not close a single deal in her five months tenure. The company can also sue her on the
ground that she had false claims to get the job. Prior to this, the company has to do a thorough
verification to find out on what claims she was wrong.
Singapore Law 2
According to agreement Julia cannot involve herself in any activity of sports medication
selling but she did. This is a serious
each of contract and Calypso has to ensure the
enforceability of the agreement. For the company, it can turn out to be a big loss if she uses the
contacts of the company. The company is aware of the seriousness of the fact and this is why
they added such clauses in their agreement.
There are instances of Singapore Court of Appeal cases where one party had sued the other
contracting party for the torts being committed and for failing to perform the contract and the
court applied double actionability i
espective of the contractual relationship they both had.
However, in all such cases, the exception to be applied depending upon the contractual
elationship between the parties was never pressed. (Martin H. M., 2003). However, recently the
Singapore Court of Appeal has set threshold for flexible exception depending upon the very
elationships of the contracting parties. The step was taken to promote certainty.
The non-performance of a contract is more than the case of double actionability and only
general rule of double actionability is not applicable but there are other rules that are applicable
here. The relative weight is given to the party which presents a strong case. Here, Calypso has a
strong case against Julia as she has not only shown double actionability but also has
eached the
contract. The contract or agreement is of no meaning until they are followed but she did not care
even a bit about the contract. (E.D.Va. 1996).
Apart from the
each of the contract, the data protection is the most considerable fact and
the agreement of Calypso was meant to secure data. However, there is no evidence whether Julia
is using the data of the company or not but it is most likely that she will do to generate business
for the Japanese company and grow...
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