Thabiso and Musa are entrepreneurship students from WellRead College. During their study in the College, they identify that a lot of paper goes to waste due to lack of recycling facilities. For this reason, they decide that when they graduate in November 2019, they will form PaperWise (Pty)Ltd, a company that will recycle paper for supply to corporate companies and schools.
They engage Nkosi, a law student at the University of Botswana to assist them with the promotion of the company. As part of his duties,Nkosi approaches the university of Botswana to negotiate a supply of used paper to the unincorporated company. The University offers Nkosi the used paper at a discounted price due to its commitment to environmental issues. Nkosi fails to inform Thabiso and Musa of the offer the University has made him.
Upon incorporation of PaperWise (Pty)Ltd ,Thabiso and Musa find out about the discounted price the University of Botswana had offered. They are aggrieved By Nkosi’s conduct. They also want to cancel the contract he made with the University. The University on the other hand holds that PaperWise(Pty)Ltd has a legal obligation to perform under the contract it entered into with the company
Advise PaperWise(Pty)Ltd and University of Botswana.
MARKS WILL BE AWARD FOR:
The Question is with regards to whether non communication of arrangement between University of Botswana and Nkosi to Paperwise (Pty) LTD enable Paperwise (Pty) LTD enable the company to relive from the contract.
CAN PAPERWISE (PTY) LTD RELY AND ARGUE ON FACT OF NOT KNOWING INFORMATION :
No since Nkosi is representing the Company the outside party Say University of Botswana will be on belief that Nkosi informs about agreement to PAPERWISE (PTY) LTD and PAPERWISE (PTY) Ltd cannot deny that.
CAN University of Botswana SUE PAPERWISE (PTY) LTD
Since Nkosi was appointed by Thabiso and Musa as facilitator for purchase of paper contract it clearly implies that Nkosi was acting as agent for Thabiso and Musa and the University of Botswana can surely sue Paperwise (Pty) LTD.
CAN PAPERWISE (PTY) LTD SUE NKOSI
Further Paperwise (Pty) LTD can sue Nkosi on the grounds of breach of Contract they engaged him to assist him in promotion of the Company.
Thabiso and Musa are entrepreneurship students from WellRead College. During their study in the College, they...
Thabiso and Musa are entrepreneurship students from WellRead College. During their study in the College, they identify that a lot of paper goes to waste due to lack of recycling facilities. For this reason, they decide that when they graduate in November 2019, they will form PaperWise (Pty)Ltd, a company that will recycle paper for supply to corporate companies and schools. They engage Nkosi, a law student at the University of Botswana to assist them with the promotion of the...