- August 10, 2023 at 12:07 am #689645whydoyoucareParticipant
- Topics: 45
- Replies: 38
Clean Ltd was established some five ears ago to manufacture industrial solvents and cleaning solutions, and Des was appointed managing director.
The company’s main contract was with Dank ole a large industrial conglomerate. The managing director of Dank plc is a friend of Des’s and has told him that Dank pic will not be renewing its contract with Clean Ltd as he is not happy with its performance. He also told Des that he would be happy to continue to deal with him, if only he was not linked to Clean Ltd.
Following that discussion Des resigned from his position as managing director of Clean Ltd and set up his own company, Flush Ltd which later entered into a contract with Dank pic to
replace Clean Ltd.
task 1) What remedy is Clean Ltd most likely to seek in relation to Des’ breach?
Damages for loss suffered
An account of any profits made by Des on the contract between Flush Ltd and Dank pic
Rescission of contract between Flush Ltd and Dank plc
Compulsory winding up of Flush Ltd
Why is the answer 2? And not recission or damages? These are also the remedies, how to select?August 10, 2023 at 8:32 am #689663MikeLittleKeymaster
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This question is based on the case IDC v Cooley. It would be worth looking up that case in google
What damages has Clean suffered? Dank has already indicated that they were not going to renew the contract with Clean so no damages have been suffered – they weren’t going to benefit any more from their association with Dank.
Where I’m in a contract with OpenTuition, what right has a third party (you?) got to rescind that contract? None!
I assume you’re happy that compulsory winding up is totally out of the question
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