考后感 @ Nikki's Little Garden

今天是 Second Business Law Exam~

雖然之前都沒認真看書可是我今天很認真地看了4個chapters

10點半起床中間1小時休息看了應該有6個小時

可是還是囫圇吞棗

考試的時候有一道題沒認真看或者說我已經忘記了關於那個問題的多層面思考

it was about promoter and preincorporation

as what I remember, it is as following.

Before the corporation was formed, promoter wanted to hire A to work at the corporation Art Dept and entered into a one-year contract with person A under his own name. When the corporation was formed, Promoter duly informed the board of directors about the employment of A. A worked for the corportation for four months and was fired without any cause.

What rights does A have against the promoter and the corporation ?

Obviously, corporation is liable for the four-month salary to A because A provided servious to the corporation.

The problem is what about the one-year contract ? Who is liable for it ?

My answer was promoter is liable.

Actually, in this case, both promoter and the corporation are liable.

Promoter is not able to release himself from the contract he entered into. Even thought the corporation implicitly adapted the contract and used the servious provided by person A, promoter is still held liable. To person A, he can sue both the promoter and the corporation.

I wrote down the last sentence in the last paragraph during the exam, but I crossed it out at the end. It is because I stupidly added things to the answer during the 1st Mid-term, professor subtracted points off....... however, I shouldn't cross it out this time....