Thursday, June 7, 2012

Listening 2: Meeting with corporate counsel

Listening 2: Meeting with corporate counsel
Following two years of increasing sales in southern Europe, Chance Computing wants to break
into the more competitive central European market. Jenny Miller, Sales Director of Chance
Computing, has asked Clive Sanborn, corporate counsel, for advice on terminating a number of
agency agreements.
28 6.2 Listen to the first part of their conversation and answer these questions.
1 Why does Chance Computing want to end the agreements with their agents in
southern Europe?
2 What is the maximum amount of compensation an agent can be paid, according
to the regulations?
29 6.3 Listen to the second part of their conversation and answer these questions.
1 Is compensation limited only to lost commissions?
2 For how many years are the agents’ commercial activities restricted following
termination of the agreement?
30 6.2, 6.3 Listen to the whole conversation again and decide whether these
statements are true (T) or false (F).
1 The agents are in breach of contract.
2 Under the agreement, the minimum notice period is six months.
3 The agreement allows for the payment of an indemnity of up to one year’s
average commission fees.
4 The agents must make any claims for compensation within one year of the
termination of the agreement.
5 The restraint-of-trade clause is valid for five years.
6 Under the law, a restraint-of-trade clause in an agency agreement must refer to
either the relevant geographical area or the type of goods in question.
7 The lawyer believes a court would be likely to find for the agents and not uphold
the restraint-of-trade clause if the principal breached the terms of the agreement.
Speaking 2: Role-play: discussing options
31 Following his discussion with Jenny Miller, Clive Sanborn discusses the options
available to Chance Computing with an intern who is shadowing him. With a partner,
role-play their conversation. Discuss the various options that are available to
Chance Computing, together with their possible outcomes. Consider the best case,
worst case and most likely scenarios.
Student 1: You are Clive Sanborn. Summarise the position that Chance Computing
are in.
Student 2: You are the intern shadowing Clive. Suggest some options for the
company based on the information in this unit.
Writing 2: Summary
32 Write a summary of your discussion. Include a model compensation package for
SAMPLE Chance Computing to offer their agents.

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