Assignments. I. Memorise the following words and phrases: submission заява, аргумент cause of action підстава для позова breach of contract

I. Memorise the following words and phrases:

II. The document given below is David Kent’s service agreement with Premium Tours Limited. Read it carefully before advising John Richardson further.

DIRECTOR’S SERVICE AGREEMENT

THIS AGREEMENT IS MADE ON 10 JULY 20… BETWEEN:

(1) PREMIUM TOURS LIMITED (‘the Company’), whose registered office is at 44 Princess Diana Walk, South Kensigton, London, W2 3SL

AND

(2) DAVID KENT (‘the Sales Director’) of 4 Kensigton Palace Gardens, London, W2 4AJ.

IT IS HEREBY AGREED that the aforesaid David Kent will serve as Sales Director of Premium Tours Limited on the following terms and conditions.

1. DEFINITIONS

In the agreement the following expressions shall have the meanings set out below:

1.1 ‘the Board’ — the board of directors of the company

1.2 ‘intellectual property’ — trade marks, copyrights, inventions and confidential information

2. TERMS OF ENGAGEMENT

2.1 The Sales Director shall be employed by the Company for an initial fixed-term period of three years commencing from 10 July 20…. This agreement may be terminated thereafter by either party providing to the other not less than six months’ notice in writing.

3. DUTIES

3.1 The Sales Director shall during his employment with the Company:

3.1.1 endeavour to promote and develop business on behalf of the Company

4. REMUNERATION

4.1 The Sales Director shall be paid an annual salary of £75,000, payable monthly in arrears on the 28^th of each month by direct credit transfer.

5. COMPANY VEHICLE

5.1 The Company shall provide the Sales Director with a Mercedes 300E motorcar and will pay all running costs of said vehicle, including insurance and maintenance.

6. PENSION SCHEME

6. 1 The Sales Director will throughout his employment with the Company be eligible to become and remain a member of the Company’s pension scheme. The Company will pay into Company’s pension scheme on behalf of the Sales Director an amount equal to 4% of his annual salary during his employment with the Company.

7. HOLIDAY ENTITLEMENT

7.1 The Sales Director shall be entitled to 25 working days’ holiday in each calendar year. This is in addition to normal public holidays.

8. CONFIDENTIALITY

8.1 In order to protect confidentiality of the Company’s affairs, business and/or intellectual property rights, the Sales Director hereby agrees not to disclose to any other party during the course of his employment or thereafter any confidential information relating to the Company nor to use any such information in any way for any purpose following termination of employment with the Company. This restriction is to remain valid for a period of 12 months from termination of the Sales Director’s employment with the Company.

9. RESTRAINT OF TRADE

9.1 The Sales Director hereby covenants with the Company that he shall not for a period of 12 months following termination of employment with the Company either directly or indirectly engage in or be involved in any activity or business in competition with the Company.

10. LEGAL JURISDICTION

10.1 This agreement shall be governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts.

SIGNED BY John Richardson

For and on behalf of Premium Tours Limited

SIGNED BY David Kent

Of 4 Kensigton Palace Gardens, London, W2 4AJ

Dated this 10^th day of July 20….

III. Match the following English and Ukrainian words and phrases:

IV. Answer the questions concerning David Kent’s service agreement, while also citing the specific clause of the service agreement providing the source of your answer.

1. When does David Kent’s service contract commence?

2. David Kent’s service agreement is a fixed-term agreement. For what period of time?

3. What if any specific duties does Kent have under the agreement?

4. What is Kent’s annual salary?

5. What other benefits is Kent provided with under the terms of the agreement?

6. Will Kent be in breach of the service agreement if he does establish his own business in competition to Premium Tours and if so why?

7. Which legal jurisdiction are any disputes between the parties to be resolved under according to the terms of the agreement?

8. Why would a Bushell v Faith clause not assist David Kent in seeking to prevent his removal from the board?

V. The following document is a draft letter of advice to John Richardson. It contains a number of omissions. Complete the letter by filling in the blank spaces with appropriate words given below:

remove, ordinary(2), Section 303, vote, shareholders (2), compensation, representations, director, breach of contract, resolution(2), notice(2), voted, majority, removal, shares, negotiating, meeting, settlement/agreement, agreement, shareholding, pass, fixed-term.