Saturday, 23 November 2013

Intriguing tricky Multiple choice question

B Law exam Q8 multiple choice :

You can expect 2-3 tricky questions in the Multiple choice section, this one is one of the trickiest I have seen, the correct answer is C.

A,B and D are similiar in which the 14(2) DOES NOT apply since it clearly DOES NOT apply.

that leaves the best answer as C.  If you did know that there are two kinds of buyers , consumer and business ie B to B and B to C.

The answer does not address the Business buyer in Harlington vs Hull, but at least it does address the consumer buyer. Therefore C is correct on the best answer basis.

Monday, 4 November 2013

Model Answer CA1 May 2014



Overall Issue
In this case, the major issue is Marcus’s concern for if there is a formation of a contract and the validity of the Exclusion Notice. A contract is a consensus d idem and a meeting of minds between both contracting parties. Agreement to rights and obligations are recognised and enforceable by law. The 4 elements of a contract are offer, acceptance, consideration and intention to create a legal relation. Exclusive Notice is also known as Exemption Clauses, where terms which exclude or limit the liability of the party in breach who relies on the clause for protection. Subsequently, Marcus will be advised about this issue.

Part A

Applicable Law 1

Issue
This issue concerns an invitation to treat. An invitation to treat is to invite others to make an offer or invitation to commence negotiation.

Applicable Law
An invitation of treat is not an offer. It invites someone to make an offer to them. It is made under special circumstances to the world at large. Advertisements are usually regarded as invitation to treat. The offer is made by potential customers by responding to advertisement . (Partridge v Crittenden)

Apply Facts to Law
An advertisement is made in newspapers which offered promotion packages for pond fishing, is inviting someone to make an offer to them.
 (Partridge v Crittenden)Next, when Marcus contacted FF, he was to arrange a visit to the pond. He was not making an offer. Therefore, it is not an offer but an invitation to treat.

Conclusion
 Freddie Foo is not liable as an advertisement is only an invitation to treat. No contract can be formed if an invitation to treat is accepted.


Applicable Law 2

Issue
This issue is about offer and counter offer  in  contract law.

Applicable Law
An offer is when an offeror indicates willingness to enter into a contract on specific terms          to an offeree. This offer must be communicated by verbally, by conduct or in writing to the          offeree.


Apply Facts to Law
Freddie made an offer by showing Marcus the Brochure with the prices.

Marcus selected Package C which cost $6000 but has a credit limit of $5000 could not             accept this offer. He has rejected Freddie’s offer and counter-offered $5000 for               package C.
Freddie, by verbally quoting another fresh offer of  $5000 to Marcus for package C and gave him a free pass. Hence, he has made another  valid fresh offer. The offer is now made to Marcus, a specific person.

 Conclusion
Freddie has made  a fresh offer. The offers are accepted by Marcus and a potential contract is formed.

Applicable Law 3
Issue
This issue concerns whether there was valid acceptance in this case..

Applicable Law
Acceptance is the expression of assent or concurrence to terms of the offer. It must be an unqualified and unconditional agreement to the offer, or else it amounts to a counter-offer. Acceptance must be occurred orally, in writing or by conduct. It is communicated when received by offeror.

Apply Facts to Law
Freddie signed a standard contract with  Marcus. This is acceptance by Freddie’s conduct. “Marcus signed it together with a payment slip”, this is an act/conduct that showed Marcus has unconditionally agreed to the offers and it is not counter-offer. It satisfies the general rule of acceptance.

Conclusion
There is a valid acceptance from Marcus to the offeror, Freddie. Freddie is liable towards Marcus.

Applicable Law 4

Issue
This issue is about consideration in the contract law. This element of a tit-for-tat distinguishes a bargain (basis of business transactions).

Applicable Law 
Consideration is something given, promised or done by one party in exchange for a promise by another. It is the “price” paid for a promise. It need not be adequate but it must be sufficient.

Apply Facts to Law 
Marcus by paying with his credit card of $5000 has given sufficient  consideration and it need not be adequate (at market value). Therefore the discounted value is sufficient consideration.

Conclusion
The consideration is valid.

Applicable Law 5
Issue
This issue concerns intention to create legal relations in a contract law.

Applicable Law
The agreement would not be binding if such an intention is absent.   To objectively assess the existence of such intention, it is helpful to categorize agreements into commercial agreements and social and domestic agreements. Where there is a close relationship of love, it becomes a social and domestic agreement.

Apply Facts to Law
There is a distant friendship between Marcus and Freddie and is therefore not as close.  Both must therefore have intended agreement to be legally binding.

Conclusion
Therefore, there is an intention to create legal relations. A  contract is exists.

Overall Conclusion
A valid contract is formed whereby the applicable law above fulfilled the offer, acceptance, consideration and intention to create a legal relationship. There is a valid binding contract exist between Freddie and Marcus.


Part b

Issue
The issue is regarding the exemption clause. To determine the validity of the exemption, we generally assess four important factors: incorporation, construction, presence of unusual factors and neutralization by UCTA. Furthermore, the exemption clause can be incorporated by two ways: signature and notice. And the UCTA is aimed at protecting victims of negligence in commercial transactions.

Applicable Law
Where an exemption clause is given in a notice, which notice must be brought to the attention of the other party either before or at the time the contract is made. In Olley v Marlborough Court case, the exclusion notice was void, because the clause was brought to customer’s attention after the contract was formed. Nevertheless, in the case of a written contract that needs a signature, any exemption clause becomes automatically incorporated when the contract is signed. In L’Estrange v. Graucob case, the court held that it no matter whether L read it or not, the exemption clause was incorporated when she signed the contract.
According to section 2(1) of UCTA, an exemption clause that excludes liability for death or personal injury due to negligence is void. In Thompson v T Lohan (Plant Hire) Ltd case, the court held that there is no exclusion of liability at all, because the accident caused the death of the victim.

Application of  Facts to Law
We can assume there are two different situations.
The first situation: the exclusion notice was not in the contract. In this case, Freddie did not mention any exemption clause before Marcus signed the standard contract. The exclusion notice which was written in a signboard was brought to Marcus’s attention after the accident happened.
The second situation: the exclusion notice was presented in the contract. Marcus did not read the contract precisely, and he signed it quickly. The exclusion notice was incorporated into the contract.   
However  the fishing pond which provides service to normal people should to be safe for its customers. For instance, some fences should be installed in some dangerous area, so as to prevent customers fall into the pond. However, the owner of fishing pond did not realize the risk. It is his negligence. Additionally, Marcus got injuries due to the negligence.

Conclusion
If Marcus was in the first situation, the exclusion notice cannot be incorporated into the contract. If he was in the second situation, the exclusion notice would be void. So Fishy Friend is liable for Marcus’s injuries.

Suggestion

Marcus can sue Fishy Friend and claim for damages.

Friday, 20 September 2013

What to do when you fail...

It dawned upon  me that I should create a section on the topic of failure after one student e-mailed me recently as follows:

Hello Mr. Fong ,
Good evening! 
My name is XXXXX and I am from ClassXXXX  I just got my exam result and I failed Business Law. Could you please give me some advice about how to learn Business Law better? I am really interest in learning Business Law and I really enjoy your classes in Sem4, after classes I would do my revision and prepared lessons before classes. 
Thank you so much for your reading and long for your advice.
Thank you.

Best wishes,
XXXXXX


Hello Mr. Fong,
Good morning!
Thanks for replying my email last night,it is very useful!
I still have some question, so sorry to disturb your time. Could you please tell why I failed the exam and which part I should improve?
Thank you so much.
Best wishes,
XXXXXXX.


Well, you guys know that Bizlaw is one tough course. And If you fall into the failure statistics and desire success next term, read on...:

You can also read this at the start of the course in case you are curious.


http://www.youtube.com/watch?v=BcXYB-4kOl4

b) find out what went wrong : get to the diagnostics page and resolved not to repeat mistakes.  It's ok to make mistakes , but not ok to repeat mistakes.



Failure Diagnostics checklist: 


How to check whether you are going to fail this course


SS = Go watch Study skills videos  in businesslawvideos blogspot


M= Go watch Motivation Videos in businesslawvideos blogspot



Name of Student:
Solution
1
2
3
4
5
6
7
8
9
10
o                         A) Still in dreamland that the Law paper is easy when in fact is it the toughest
M











o                         B) Still in the holiday mood and your brain needs time to “warm-up”… until a couple of weeks before the exam
M










o                         C) Not coming for class or disappearing during class thinking that you can get by with the slides and textbook alone
M










o                         D) poor effort at preparing for  the tutorials, in time, and comprehensively
o                           Buddies: please check their tutorials
M










o                         E) Thinking the lecture was easy to understand and not doing your readings after each lesson and summarizing the lecture into a mind map
M










o                         F) Getting distracted in class, lack of active listening skills
M/SS










o                         G) Thinking you can get by studying someone else’s Mind Map and ending up confused
M










o                         H) Not motivated to seeking help or easier ways of understanding the topic when you get stuck.
M










o                         I ) Multi-tasking with while studying or during class
SS










o                         J) Thinking that failure will happen to the guy next to you and NEVER you.
o                           
M










o                         K) Expecting spoon feeding like a Secondary School Student  without additional reading of the textbooks
SS










o                         Last minute cramming and studying
SS










o                         StudyBuddy’s Name:
o                         ______________________
o                         Declaration: I hereby swear to tell my buddy the truth, the whole truth and nothing but the truth about where he is heading.

Signature












c) dont start any studying again during your holidays, when the term comes up you ll be sick and lose interest. instead, do the following:

a) go to my blog:

i) keep watching all videos/movies on motivation until you feel better about yourself. 
ii) keep watching study skills to attain expert status (many times)
iii) Law movies 
iv) improve your poor English by reading  ibooks and using audiobooks to accompany you. 


        For example: Audio books accompaniment http://www.youtube.com/results?search_query=brave+new+world+audiobook&oq=brave+new+world+au&gs_l=youtube.1.1.35i39j0l9.15024.15548.0.19422.3.3.0.0.0.0.73.175.3.3.0...0.0...1ac.1.11.youtube.8G0ZkPobwEk

This helps with you speech and pronunciation
if you are a girl here is :

don't force yourself to read a boring book, google the review first , read the review, if its with your interest then start reading and if after 2 chapter it turns boring skip to the next.
https://www.google.com/search?q=brave+new+world+reviews&oq=brave+new+world+reviews&aqs=chrome..69i57j0l3.5519j0&sourceid=chrome&ie=UTF-8#q=brave+new+world+book+reviews


In the ibooks function you can tap on the word and the dictionary pops out ... use that .


d) don't forget to exercise everyday.

When term starts , then you start studying with new skills this time.
          e) Watch this again : http://www.youtube.com/watch?v=BcXYB-4kOl4

http://www.youtube.com/watch?v=d5WUxE7PrOA

and here is a list of advice from people who made mistakes when they were young.
https://sg.answers.yahoo.com/question/index?qid=20130102152543AAXiSWI








Tuesday, 26 February 2013

Business Law Simplified



If your current text book gives you a mental block you can visit the following to go one level down, this will allow you to clear the mental block and get back up to your recommended textbook level.

Do not use this as the level and standard to attain,  it's meant and pitched at A level standard, it is not good enough for your diploma or university level.

It is meant to serve as a "mental unblocker" if there is such a word....so that you can get right back on track.


Here are the following websites that have simplified the law.

http://www.e-lawresources.co.uk/

http://www.inbrief.co.uk/contract-law/accepting-a-contract.htm

http://www.legalmax.info/

http://www.youtube.com/watch?v=LHcGmPGK5d8&feature=rellist&playnext=1&list=PLF3F9C1C379413623





Monday, 27 August 2012

For SIM University syllabus: Guidance on Essay

NOT FOR DMS!!! FOR SIM University syllabus only.\


a) Group Assignments Guide: How to work together.

i)This is NOT how it is done ( but this is usually done by you! simply because you think that it saves time but you are guaranteed to score lower than if you did it correctly:

You cut the assignment up like pizza and dole it out. Then stitch it up in the end. Each question is served with the intellect of one person. Then there is a whole round of chasing for dateline and stress, why don't you consider collaborative google docs? see you tube link below.
When we set Group Assignments , we set it at a higher level of difficulty. The topics will at least have to be discussed by ALL students before the writing is allocated.

Every term I get to mark a substantial number of students who will do exactly the wrong thing above, when poor results are published there is a lot of bad blood and finger pointing. It should not and need not end up this way.

So please consider the more orthodox methods below (perhaps each member should read one article and then discuss the methodology before you start):




Consistency: the member who has the luxury of time and can therefore work under pressure, should  always volunteer upfront for the role of final compiler & editor. This will help reduce risk  from a defaulting member's late or non submission. 

ii) Another of-repeated mistake: No time to meet....( A really big problem)

Answer: use technology not abuse it:

1) What's app is not for Group discussions.

2) Face to face needed : use google hangout for face to face meetings
http://www.youtube.com/watch?v=7K06lHu4gDk&feature=related

3) Use collaborative Google docs to monitor  and perform damage control on each other's work real time and spot out their mistake and correct them before it's too late: 
http://www.youtube.com/watch?v=utsKBU7b-Sk



Presentation skills for your video:

A significant number perform poorly, it need not be.  There is a way to fix this in a quick way: so watch this. The marks are easy to score if you are good at this. Meanwhile , please dress well and have a professional background and please lock you parrot in the cupboard for a while. I had one student presenting with a Cognac on hand...do you think your boss or client will be impressed? Maybe if they are in the Entertainment Industry, but telling me that you are Presenting under the Influence? Not even in those Industries unless you are Hugh Hefner who can walk around in his bathrobe, his admin staff all wear formal.

http://www.youtube.com/watch?v=OPlwkzUQ9Ko

http://www.youtube.com/watch?v=NyE1Kz0e--0

http://www.youtube.com/watch?v=RHX-xnP_G5s


RESTRAINT OF TRADE:

Additional reading material

This is an excellent article on Restraint of Trade . Forget about reading the full court judgements, if you are not really trained, you step out more confused than ever.

So this article is good enough.

http://www.lawgazette.com.sg/2013-04/725.htm





Mano Vikrant Singh v Cargill TSF Asia [2012]
A clause provided for bonus based on the employee’s
performance. The bonus payments were on a deferred
basis and payable if the employee did not join a
competitor of the employer for 2 years after the
termination of his employment.

However, the Singapore Court of Appeal in Mano Vikrant Singh v Cargill TSF Asia Pte Ltd  [2012] SGCA 42 (“Cargill”) had recently warned that framing a clause in a manner that is different from the traditional restraint of trade clause would not prevent the Court from looking into the substance of the provision rather than the form, and that what needs to be considered is the true nature of the provision ([27]).

The restrictive covenant in Cargillinvolved deferred bonus payments, which were only payable if the employee did not join a competitor of the employer for two years after the termination of his employment. The Court of Appeal held that this amounted to an indirect restraint of trade as the deferred bonus payments had already vested in the employee at the time of termination. A disincentive clause, forfeiting a substantial financial reward to restrain an employee from joining a competitor, clearly fell foul of the doctrine of restraint of trade.3

There were various findings in Cargillwhich supported the argument that the bonus payments had already accrued to the employee prior to the termination of his employment. Amongst other matters, the Court of Appeal had found that the deferred bonus was based on past performance of the employee and no further incentive was paid to the employee for not competing. Further, interest was payable on the deferred bonus and the term “forfeited” itself plainly implies that the bonus would have to be vested in the first place for it to be taken away.







Centre for Creative Leadership (CCL) Pte Ltd v
Byrne Roger Peter and others (2013)

A clause provided for a 1-year restraint against “the
delivery of competitive programs within any city in which an
office of any client or potential clients of the Company or its
parent organization to whom he has generated, designed,
or delivered a Company or parent company program or
other service is located”.

Justice Woo Bih Li observed, however, that a client contact may not relocate and no referrals between offices may be made within the year, particularly since there was a lack of supporting evidence.

Moreover, the restraint unreasonably prevents an employee from delivering a competitive programme even where he does not seek assistance from his contact or in places where the employer does not intend to deliver a similar programme. The ex-employee is also potentially subjected to a worldwide restraint against a client whom he had dealt with many years before, and this again shows that the clause is unreasonably wide and unenforceable.

The Court in CCL did not accept the restraint clause, but neither did it reject the possibility of a global restraint clause under reasonable circumstances. It is hence possible that the Singapore Courts could be open to such circumstances where it is justifiable to restrain an employee from competing across the globe.


“The Employee shall not, in Singapore and anywhere else in
the world and for a period of 2 or more years, whether as
proprietor, partner, director, shareholder, member, employee,
consultant, agent, representative or otherwise, and whether for
reward or not, directly or indirectly carry on or be employed by
any company in the abovementioned territory, perform
competing services with the Company or any other related or
unrelated businesses.”