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    Assignment Oct 2023 Remedies For Contract

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    virfann01
    1. Masy entered into an agreement with Tam to manufacture sports shoes bearing Masy's trademark. Issues arose with the quality of shoes supplied by Tam. 2. Masy and Tam entered into a settlement agreement where Masy would make a partial payment to Tam, and Tam would accept returns of defective shoes, destroy defective inventory, and return moulds to Masy. 3. Tam breached the settlement agreement by refusing to return the moulds or destroy defective inventory. Masy suffered losses from being unable to fulfill orders. Masy intends to sue Tam for breach of the settlement agreement and seeks advice on available remedies.

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    Assignment Oct 2023 Remedies For Contract

    Uploaded by

    virfann01
    19 views3 pages
    1. Masy entered into an agreement with Tam to manufacture sports shoes bearing Masy's trademark. Issues arose with the quality of shoes supplied by Tam. 2. Masy and Tam entered into a settlement agreement where Masy would make a partial payment to Tam, and Tam would accept returns of defective shoes, destroy defective inventory, and return moulds to Masy. 3. Tam breached the settlement agreement by refusing to return the moulds or destroy defective inventory. Masy suffered losses from being unable to fulfill orders. Masy intends to sue Tam for breach of the settlement agreement and seeks advice on available remedies.

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    Remedies for contract question

    Original Title

    Assignment Oct 2023 Remedies for Contract

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    1. Masy entered into an agreement with Tam to manufacture sports shoes bearing Masy's trademark. Issues arose with the quality of shoes supplied by Tam. 2. Masy and Tam entered into a settlement agreement where Masy would make a partial payment to Tam, and Tam would accept returns of defective shoes, destroy defective inventory, and return moulds to Masy. 3. Tam breached the settlement agreement by refusing to return the moulds or destroy defective inventory. Masy suffered losses from being unable to fulfill orders. Masy intends to sue Tam for breach of the settlement agreement and seeks advice on available remedies.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    19 views3 pages

    Assignment Oct 2023 Remedies For Contract

    Uploaded by

    virfann01
    1. Masy entered into an agreement with Tam to manufacture sports shoes bearing Masy's trademark. Issues arose with the quality of shoes supplied by Tam. 2. Masy and Tam entered into a settlement agreement where Masy would make a partial payment to Tam, and Tam would accept returns of defective shoes, destroy defective inventory, and return moulds to Masy. 3. Tam breached the settlement agreement by refusing to return the moulds or destroy defective inventory. Masy suffered losses from being unable to fulfill orders. Masy intends to sue Tam for breach of the settlement agreement and seeks advice on available remedies.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    FAKULTI UNDANG-UNDANG

    UNIVERSITI TEKNOLOGI MARA


    SHAH ALAM

    ASSIGNMENT
    (OCT 2023-FEB 2024)

    Total Marks -30; Continuous Assessment percentage - (10%)


    LAW549 – REMEDIES FOR CONTRACT

    FORMAT:
    Problem-based Question; Answer ALL possible issues.

    DATE ASSESSMENT:
    10 December 2023 – 7 January 2024

    INSTRUCTIONS:
    1. To be completed in groups (each firm 1 submission).
    2. Name of file (FULLNAME OF THE SENIOR PARTNER/GROUP) Example:
    SARA SAID LWH07X.
    3. Please submit the assignment to the UFUTURE platform and to the following
    email: anorazlina33@gmail.com before/on 7 January 2024 by 11.00 pm.
    4. Please complete an answer of not more than 15 pages. Excluding Cover page
    and Question.
    5. Format: Times New Roman, 12 font, single spacing.
    QUESTION
    Masy is a licensee and distributor of Madidas sports shoes ("the shoes') in Indonesia,
    Malaysia, Taiwan, and the Philippines. He entered into a manufacturing agreement
    with Tam to manufacture, package, and supply sports shoes bearing the trademark
    'Madidas'. The agreement for the manufacture and supply of the Madidas shoes is
    dated 9 March 2021. The essential terms and conditions of the agreement are as
    follows:
    i) Masy shall place an initial order of 60,000 pairs of shoes.
    ii) If the shoes manufactured conformed to the specifications and standards but
    contained minor defects ('X grade shoes'), Masy may direct Tam to destroy the shoes
    at Tam's costs and Tam shall be responsible for the replacement thereof.
    iii) All shoe moulds provided by Masy to Tam for manufacturing, supplying and
    delivering the Madidas sports shoes shall belong to Masy. Furthermore, Tam shall
    deal with the moulds following the directions of Masy or to deliver and surrender back
    to Masy upon the termination of the agreement. In May 2021, Masy informed Tam that
    he was dissatisfied with the quality of the shoes manufactured and supplied to him.
    However, both of them agreed to a settlement agreement to settle the accounts
    between themselves so that they could 'move ahead'. Essentially under the settlement
    agreement, Masy would make a partial payment of RM375,000.00 to Tam for all the
    manufactured shoes. In return, Tam, upon receipt of the above payments would:
    a) accept all future returns of X grade shoes and all defective shoes from Masy and
    reimburse Masy the cost of these shoes;
    b) destroy X grade shoes and the defective shoes in Tam's premises amounting to not
    less than 18,000 pairs and that such operations start immediately after Masy has
    affected payments under (a) above; and
    c) return to Masy three (3) sets of moulds belonging to him and held in trust by Tam.
    Once Masy had fulfilled conditions (a) and (b), Masy would pay the balance sum of
    RM366, 000.00 However, Tam was in breach of the settlement agreement, when he
    refused to return the moulds and to destroy the defective shoes in his possession as
    agreed to earlier. Masy claimed that he had suffered a loss of profit by not having the
    moulds during the festive period the end of 2021 to early 2022 when the Christmas
    and the New Year sales were followed hot on the heels by Hari Raya and Chinese
    New Year sales. Furthermore, Sports Sdn Bhd, was one of Masy's main distributors
    in Malaysia. Sports Sdn Bhd had a standing order for 3,000 shoes from Masy every
    month. Because of Masy's inability to supply Sports Sdn Bhd with the 3,000 pairs of
    shoes, Sports Sdn Bhd stopped buying from Masy. Thus, Masy had suffered a loss of
    profit amounting to RM560,000 from the said contract. Masy had informed Tam of his
    contract with Sports Sdn Bhd upon signing the initial agreement on 9 March 2021.
    Now, Masy intends to sue Tam for breach of the settlement agreement and claims for
    loss of profits from him. Advise Masy on the likelihood of success and the remedies
    available for the breach of contract on the part of Tam.

    END OF QUESTION

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