The Unemployment Program of the Government of Guava Land hasseveral offices throughout the country, ten (10) to be specific. Atthese offices, all the administrative matters of the Program areadministered, inclusive of payments to suppliers, payroll andInformation Technology services. There are several assets andconfidential data on each compound such as computer equipment,filing cabinets, personal data and several pieces of furniture.
Within recent times, there were numerous burglaries’ at a numberof locations, which resulted in the loss of two million dollars’worth in items. The Police are currently undertaking aninvestigation to catch the culprits.
The Minister, who is responsible for the Program, has mandatedthe Program to procure security services for one year at eachlocation. After a highly competitive procurement process, BigTrouble Security Services secured the contract to provide securityservices at all the locations.
The Unemployment Program and Big Trouble Security Services meton several occasions to finalize the written contractualobligations. Finally, on March 31st 2019, they agreed onall the terms of the contract and both parties duly signed. One ofthe agreed terms is that “Big Trouble SecurityServices under no circumstances will be held liable forany unforeseen acts committed by its officers during the provisionof services to the Unemployment Program”
Raymond Tin Foot, a security officer from Big Trouble SecurityServices, was assigned to the Harlem Office for the last six monthsfor the 6pm to 6am shift. Raymond, who is also a resident of theHarlem area, invited several of his friends during his shift, tolime and have a cook out at nights as a means of passing the time.This involves the lighting of a fire as well as occasional drinkingof alcohol on the premises.
Big Trouble Security Services – Manager and Owner – Mr. Lazy, onone of his rear occasional visits to the Harlem Site, saw what wasgoing on at this office. He quietly told Raymond “to pleasekeep everything under control so that no one willknow”. Mr. Lazy as per contractual obligationsmust visit the site every night to ensure that the guards areperforming their functions efficiently and effectively. However,this has never been done, because Mr. Lazy treasure his sleep verymuch. Additionally, Mr. Lazy did not want to take any affirmativeaction, because he feared that Raymond might leave the job. Indeed,Big Trouble Security Services is having problems recruitingsecurity guards in this area and as such, if Raymond left the jobthere will be no available guard for this location.
One night, while Raymond was cooking and consuming alcohol withhis friends, forgot to extinguish the fire. They all fell asleepand subsequently the Harlem Compound of the Unemployment Programwas destroyed.
The Unemployment Program intents to sue Big Trouble SecurityServices for breach of contract due to the negligence of theiremployee Mr. Raymond Tin Foot. However, Big Trouble SecurityServices is seeking to rely on the following agreed term ofcontract, which excludes them from liability, that is – “BigTrouble Security Services under no circumstances willbe held liable for any unforeseen acts committed by its officersduring the provision of services to the UnemploymentProgram”
Advise the Unemployment Program, whether or not Big TroubleSecurity Services can rely on the above mentioned exclusion clausein the face of a fundamental breach of contract due to thedestruction of thecompound.
