Commercial Law Assignment Help
Veronica is a solicitor who specialises in commercial law. Veronica is representing Jenni, a partner of a business called MJ Digitial Solutions, which is in the process of splitting. During the partnership Jenni’s partner, Ming, had successfully sought a post-partnership agreement restricting Jenni from making a claim over any profits Ming might make in relation to the intellectual property and sale of a device that doubled the speed of internet connections over telephone lines (the “doubler”). Ming had been working on the doubler device prior to the partnership with Jenni. During the partnership Jenni had seen Tomah, a local solicitor and friend, who specialised in real estate law but not commercial law. Jenni was advised by Tomah that signing the post-partnership agreement would simply restrict her from asserting a right to profits Ming might acquire as a result of work done before the partnership had been created, that is, from Ming’s creation of the doubler. Jenni signed the post-partnership agreement. Unfortunately, Jenni is a person from a non-English speaking background, and failed to realise that by signing the post-partnership agreement she had also agreed not to make a claim over future-profits arising from inventions that the partners had created during the course of their partnership. This was partly because of Jenni’s language difficulties and partly because Tomah was not familiar with the particular form of post-partnership agreement – which in this case included all post-partnership profits too. In the course of the partnership the ‘couple’ developed two devices to assist mobile broadband users retain better signals in poor mobile reception areas (the “boosters”). When the partners decided to discontinue the partnership Ming makes an offer to Jenni – which would allow Jenni to obtain the equivalent of the profits for one of the boosters over the next five years. Jenni rejected that offer and embarked on litigation against Ming for what she believed was a fairer distribution of the assets and future profits of MJ Digital Solutions. When the matter makes its way to court Ming makes a second offer on the steps of the courthouse. Veronica advises Jenni to take the offer. This is primarily because Veronica believed that Ming’s position was strong and because Veronica foresaw that Jenni would be less likely to receive the amount offered if the matter was fully contested in court. In so advising Jenni Veronica failed to estimate the likely capital gains implications for Jenni. Subsequently, Jenni did not receive as much money as she was expecting and she suffered significant, unexpected taxation losses. Jenni wants to sue both Veronica and Tomah in negligence.
You have been retained by Jenni to argue her case against the practitioners before the Local Court. You must make submissions to the Court about the behaviour of the two practitioners. You should understand that your submissions should be based on the law as you understand it. You are not obliged to make strictly partisan (client-oriented) submissions if your view is that your client’s position is not correct. You are also entitled to be candid with the court and are not subject to normal rules regarding client confidentiality.