Daniel works for Papers R Us and signs an employment contract which stipulates a salary of $80,000 per annum. After working for 3 months Daniel is unhappy with this amount and indicates this to his manager. Daniel is seeking $100,000. Papers R Us are keen to keep Daniel due to his performances and are prepared to increase his pay to $100,000.

a)Explain the procedures that could use to annul the original contract in the scenario

b)Outline the procedures you could use to annul the original contract and substitute it with the new employment contract paying $100,000. (Tips: Consider the equitable remedy of injunction)

Six months later, Daniel decides to leave the firm and start up his own business. He has been poaching clients from Papers R Us for his own business. He made an unauthorised download of the client list and made a copy of a trade secret. When employed at the firm Daniel signed a clause which prevented him setting up or working from a competitor.

c)The remedy sought by Papers R Us from Daniel is an injunction. Explain the equitable remedy of injunction.

d)Why is an injunction the most suitable remedy in this instance?

e)Explain how an injunction is sought and applied by the courts.

f)An additional remedy Papers R Us could pursue is specific performance. Explain what specific performance is and the procedures that would need to be followed to apply this remedy.

g)Explain why specific performance may not be suitable in this case.

Answer rating: 100% (QA)

a To annul the original contract both parties involved must agree to rescind the contract This could be done by mutual agreement in writing with signa... View the full answer