this question relates to Commercial Law Your client is ANDY, a famous European designer...
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this question relates to Commercial Law
Your client is ANDY, a famous European designer of musical instruments. His instruments have been played by very famous concert artists in some of the most celebrated venues. He is very sought-after as a consultant and business adviser to music venues, record labels, musical instrument shops and distributors. He has recently been approached by a company called STRINGS INC - a London-based instrument manufacturer. STRINGS INC wishes to appoint ANDY to help them expand into new areas of the UK and organise sales of their instruments to nation-wide retailers and customers. STRINGS INC will pay ANDY an annual retainer of 18,000; and a commission of 10% on each new sale ANDY wins for STRINGS INC. Advise ANDY on the following: 1) Whether a commercial agency relationship would be suitable in this case, and the extent to which the Commercial Agents (Council Directive) Regulations 1993 would apply? And- 2) The rights and obligations ANDY may have to STRINGS INC as a commercial agent, as well as those under the Commercial Agents (Council Directive) Regulations 1993; And- After 5 years of a successful commercial agency relationship between ANDY and STRINGS INC, STRINGS INC have run into financial difficulties and owe ANDY 150,000 commissions for work ANDY has done. STRINGS INC have not returned ANDY'S emails enquiring about payment, and ANDY is concerned that they have no intention of paying him. Advise ANDY on the following: 1) Whether STRINGS INC's conduct amounts to a repudiation of the contract, and therefore whether ANDY might terminate his contract with them immediately; And- 2) By reference to the Commercial Agents (Council Directive) Regulations 1993, whether ANDY might bring a claim against STRINGS INC, and the likelihood of success
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