问答题

In relation to breach of contract, explain two situations in which the innocent party can choose to terminate the contract, in addition to suing for damages. (10 marks)

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(a) an ‘offer’; (3 marks)

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Andy was the managing director of Alpha Pte Ltd (‘Alpha’), a computer technology company. Andy was tasked by Alpha to actively pursue and negotiate a contract with Beta Pte Ltd (‘Beta’) to develop a revolutionary internal audit software. However, Beta was not keen to enter into the joint venture with Alpha and preferred to work with Andy instead. Andy resigned from his post with Alpha and personally entered into the contract with Beta. When the internal audit software was developed and became a huge commercial success, Andy made a large profit.Required:Discuss whether Andy has breached any duty as a director of Alpha when he entered into the contract with Beta, and the consequences of such a breach. (10 marks)

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