Coursework 2, December 2020, LAW609, Word

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Coursework (2), Problem Based Study, Law 595 / Law 609, Opin-

ion Writing, COVID-19 Affected Semester, Semester October


2020 to February 2021

You are the senior partner of the law firm. You receive correspondence from a client seeking legal
advice on a matter. Peruse that document and any other relevant evidence, then write an opinion let-
ter for that client.

Please set your Microsoft Word at its default settings for font (Times New Roman), font size (12),
spacing (1.5) and margins. The maximum number of pages (A4) for this letter is 6.

This assignment is to be done collectively as a firm.

————————————————————————————————————————

Date: 8 December 2020

Datuk Howard ‘Yummy’ Sunny (HOYUSU)


Chief Executive Officer
Syaham Merah Moneydin (SYAMM) Bhd
Penthouse Suite,
Cempaka Towers,
Jalan Pasca-Sarjana,
40450 Shah Alam
Selangor, Malaysia.

To:
(Please insert name of senior partner)
Senior Partner
(Please insert the name and address of your law firm)

Dear Sir / Madam (or appropriate title for Senior Partner),

RE: WOWOFUTO 2020 FALL OUT

As you know, the Asia City Mustgofar (ACM) Women’s World Futsal Tournament (WOWO-
FUTO) 2020 starts today and goes on until 13 December 2020. The governing body Asociación
Mundial de Fútsal (AMF) is not happy. As you know, Logical Biometric Organisational Juxta-posi-
tioning (LBOJ) could not deliver on their promises. Hence SYAMM has not been able to deliver on
its promise to both the AMF and its sponsor that there would be a seamless experience at the tour -

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nament. For the last one week, we have been receiving visitors, competitions and officials at the re-
sort for the tournament.

LBOJ tried its best, even at the Hackerton, but could not find an effective patch for their system.
We sat down with LBOJ and decided to implement a hybrid system of monitoring for the tourna-
ment. The system gave a lot of false positives with personsfrom certain ethic backgrounds due to
their skin and hair colour / style. Therefore, LBOJ worked with us to put in place, human persons to
follow up immediately on these false positives. We took on the responsibility of conducting spot
swab tests, and temporarily isolated individuals where necessary. However, this meant that for some
individuals, there was no seamless experience transitioning in and out of the inner and outer bubble
around the tournament. To make matters worse, complaints about these ‘manual’ follow ups made
their way onto social media. These problems’ which were necessary for ensuring the health and
safety of everyone at the event was instead turned against us, LBOJ, ACM and AMF.

Anyway, I received this scathing email earlier this morning from AMF:

Dear HOYOSU,

I must protest in the strongest terms. Our organisation feels betrayed. First there was a sig-
nificant delay in you telling us about a major problem, and as a result, we relayed this infor-
mation to ACM with much corresponding delay. Further, even when you told us about your
problems with maintaining a seamless experience at the tournament bubble, you played
down the catastrophe by misrepresenting its impact and said that everything was under con-
trol. You should have been transparent with the extent of the problem so that we could have
implemented measures at our end to deal with an even worse than expected fall out.

ACM has even accused us of fraudulently trying to cover up for you. Something which we
have not done. In all our dealings with our gold sponsor ACM, we have been transparent.
ACM has threatened to pull out of future events as a result of the debacle. Thus AMF may
potentially be losing a lot in sponsorship for future events. Other sponsors have heard about
the problems. Like a series of falling dominoes, they have also demanded their money back.
So far, this is the list of disgruntled silver category sponsors:

Stasha Beez Knees Sdn Bhd (A company that offered sweet crazy all in one holiday
packages for the tournament)

Nezeri Baruno Mars (Purveyors of 24K Magic Mail Services)

Fussy Rice Sdn Bhd (Producers of Premium Grain Products)

Kamar Nazifa (Bespoke Butler Room Services for the rich and famous)

Syarikat Fun Hamsters (Pet Shop for Cute Fun Size Animals)

King Haha Nasi Kandar (A famous bespoke catering service)

Han Jauh Juah Gile Sauna Rooms (Installers of Scandinavian style sauna)

Kakasha Rumlan (Non-Halal Ice Cream makers of ‘Its Sunday Dude’)

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Sweet Larri Celebrations and Anak Lelaki Tangga Julai (Match Makers. The former
for Lonely Women in the Legal Profession, and the latter for Lonely Men in the Le-
gal Profession. Both companies were started during COVID-19 as legal profession-
als struggled to meet suitable spouses).

I hope that you will act in a manner that is appropriate to help us repair the damage that you
have done.

Regretfully yours,

Andrew Stressman
Chairman of the Board
Asociación Mundial de Fútsal (AMF)

For your convenience, I have enclosed some of the relevant clauses of the hosting and sponsorship
contract that SYAMM signed:

Clause 3 - You are to use all management tools at your disposal to ensure that you provide
seamless access to visitors, competitors and officials at the aforementioned event. We expect
that you will have in place a bubble where it is safe and secure from a health and security
perspective, to enable the event to be carried out without a hitch.

Clause 4 - At all times, access to the bubble shall not be interrupted by any operational,
medical or technological failures. You are expected to have the equipment and personnel in
place to maintain a seamless transfer of persons in and out of the tournament bubble.

Clause 17 - You are responsible for any third party services used to create and maintain the
bubble around the aforementioned tournament. We are not responsible for the competency
of lack thereof, of any third party that you choose to employ. You shall indemnify us for a
failure of any third party service that you have employed, which results in a breach of this
contract.

Clause 24 - We reserve the right to deduct some or all of the Sum paid in advance to you, if
there is breach of this contract.

Clause 38 - Good faith, transparency and disclosure is the foundation upon which this con-
tract is built on. We expect your unreserved cooperation and honesty in helping us bring this
event to fruition.

Clause 40 - You warrant that AMF shall be held blameless for any event or omission arising
from the aforementioned event, and shall indemnify AFM for any breach of this contract
which is the subject of any suit, proceeding, action or claim, from third parties to this con-
tract.

Yours sincerely,
HOYUSU, CEO

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