Formal legal advice to Richard Essay Example | Topics and Well Written Essays - 3250 words

Formal legal advice to Richard - Essay Example THE FACTS ABOUT THE CASE OF RICHARD AND JOHN 2. The basic facts appear as follows. 3. Richard is a singer and a performer while John has been his manager for three years. The issue that arises here is the role of John as a manager and the roles of Richard as his employer. The manner in which the two are supposed to relate to each other without conflict of interest is a big issue.1 4. Richard and John had some disagreements because John is convinced that Richard was taking bookings and performing without telling him or compensating him. The issue that arises here is whether Richard had a right to perform and take bookings on the back of his manager and without compensating him. One is also left wondering whether John could substantiate his claims or it was out of malice. If indeed Richard was acting on the back of John, it will be interesting to know whether he ought to have compensated John.2 5. After the disagreements, Richard walked out, yet the terms of the contract had stipulated that they should work together for 10 years. Whether Richard did the right thing to walk out following the disagreements is a debatable issue. The other issue that arises is whether Richard should compensate John for breaching their agreement.3 6. It has also come to light that John was acting on the back of Richard, by taking advantage of a physical similarity between them and allegedly making profitable appearances on stage and television as well as forwarding his business using Richard’s personal confidential information. This disclosure leaves much for the eyes to desire because it is most probable that Richard ignored John after realizing his negative conduct, which is also contrary to their agreement and which is against the copyright property which is protected.4 7. John is illegally copying new music Richard had made. This raises the question of copyright violation.5 8. Richard obtains an incorrectly addressed email from John, which reveals that he was about to emigr ate to china and base his business there. The issue here is whether Richard should take advantage of this confidential information to pursue his case. Again, the fact that John wants to emigrate to china will complicate Richard’s attempts to prosecute the case.6 9. THE LAW This case will refer to the following laws: Seager v Copydex Ltd (No. 2) [1969] 1 WLR 809 [1] Allied Arab Bank Ltd v Hajjar (1988) QB 787 [2] DeFrancesco v Barnum (1890) 45 Ch D 430 [3] Series 5 Software Ltd v Clarke [1996] 1 All ER 853 [4] Office Angels Ltd v Rainer Thomas and O’Conner [1999] IRLR 214 [5] William Robinson & Go. V Heuer (1898) 2 Ch. 451 [6] Page One Records v Britton [1968] 1 WLR 157 [7] Lumley v Wagner (1852) 1 De GM & G 604 [8] Warner Bros Pictures Inc. v Nelson [1937] 1 KB 209