BPM105: Question 3 Dwayne was a Member of the Best Collectible Model Cars of the World Club: Construction Law Case Study, SUSS, Singapore

Question 3

Dwayne was a member of the Best Collectible Model Cars of the World Club (“the Club”). As a member of the Club, Dwaynewas entitled to receive a limited-edition collectible model car every six months. Sometimes the Club also offered exclusive collectible model cars for sale to its members aside from the model car that the members were entitled to receive every half-yearly. On 5 Nov 2020, Dwaynecame across an announcement by the Club in the Club’s newsletter, advertising the sale of a limited edition Lamborgeniemodel racecar (“Lamborgeniemodel”).

The announcement further stated that interested members were to email the Club for further details. Dwayne was very excited because the collectible model racecar was a museum-quality model of a very rare and expensive Lamborgenieracecar. On 6 Nov 2020, Dwaynesent an email to the Club, expressing his interest to buy the Lamborgeniemodel and requested more information.

The Club replied on 7 Nov 2020by email, explaining that the Lamborgeniemodel was only available for sale to those Club members who had been members of the Club for 10 or more years. Each eligible member was allowed to buy only one (1) Lamborgeniemodel at the price of $1000. Eligible members were to send their order together with their membership number and a cheque payment for $1000, to the Club, at its registered address. Dwayne was thrilled because he had been a member for more than 10 years. On the morning of 8 Nov 2020, Dwayneemailed the Club his membership number and ordered 1 Lamborgeniemodel.

However, because he was very busy at work, Dwayneonly managed to send out the cheque of $1000 on 10 Nov 2020. Since he was enclosing a cheque with his order, Dwayne was very cautious. He checked that both the address and postage were correct and dropped the letter into the mailbox on the morning of 10 Nov 2020. That afternoon, Dwaynenoticed an email from the Club in his inbox. The email was dated 8 Nov 2020and time-stamped at 9 am. In the email, the Club explained that due to the overwhelming response from its members, the Lamborgeniemodel had been sold out and the Club would not be accepting any further orders.

All cheques received after 8 Nov 2020would be returned in due course. Dwayne was very disappointed. He sought your advice as to whether he could insist that the Club sell him one (1)Lamborgeniemodel. Discuss the LEGAL PRINCIPLESconcerningthe above case study, apply the legal principles, and CONCLUDEon whether Dwaynecould has a good case against the Club.