Janice buys a branded watch from Watches Pte Ltd, a famous watch retailer in Singapore She pays $1500 for the watch which is sold to her: Commercial Law Assignment, KU, Singapore

Section A: TEN (10) Multiple Choice Questions

Instructions: Questions 1 to 10 are multiple-choice questions. Answer ALL TEN (10) multiple-choice questions. Each question carries TWO (2) marks.

Q1. Which of the following describes the Company accurately?
(a) A company is a partnership of persons
(b) A company is not a separate legal entity
(c) A company is a separate legal entity
(d) A company cannot own assets in its own name

Q2. What one of the statements about the tort of negligence is incorrect?
(a) To be able to claim the defendant must have a duty of care
(b) To be able to claim the defendant must have breached a duty of care
(c) To be able to claim under tort there must be a contractual relationship
(d) To be able to claim the breach must have caused the injury or loss

Q3. What is an injunction?
(a) It is a court order to force a party to carry out their obligations
(b) It is a court order to force a party to stop doing some act
(c) It is a court order providing for damages to the victim
(d) It is a court order imposing a fine

Q4. Which of the following is a common-law remedy for a breach of a contract?
(a) An injunction
(b) Specific performance
(c) Damages or compensation
(d) rescission

Q5. One of the following is not a method by which an offer may be terminated. Which one is it?

(a) Withdrawal of the offer by the offeror
(b) Rejection of the offer by the offeree
(c) A counteroffer made by the offeree
(d) A request for more information about the offer

Q6. Which one of the following describes Judicial precedent correctly?
(a) It is a judicial method used by judges to interpret Statutes
(b) It is a method by which law is made by Parliament
(c) It is a judicial rule which involves lowering courts being bound by the
the decision of the higher courts
(d) It is the system of lawmaking by the Ministers in their departments

Q7. Which one of the following is an accurate statement about warranties?
(a) They are minor and less important terms
(b) They are representations
(c) They are additional requirements requested by the buyer
(d) They are vital or fundamental terms

Q8. When an employee at the payment counter at the supermarket takes your
payment and enters details into their system what is he doing?
(a) He is making an offer
(b) He is making an acceptance
(c) He is negotiating or bargaining
(d) He is communicating an invitation to treat

Q9. Adam agrees to sell his second-hand BMW car to Ben for the price of $10,000 although the market price is $250,000. What is the amount of $10,000 considered as under contract law?
(a) $10,000 is adequate consideration
(b) $10,000 is sufficient consideration
(c) $10,000 is a fair price
(d) $10,000 is a reasonable price

Q10. A promise by a husband that he would bring his wife for a holiday if she helps her with his part of the housework is not a legally binding promise because
(a) It is not in writing
(b) There is no intention to be legally bound
(c) There is no consideration
(d) There is no agreement

Section B:

Instructions: Questions 11 to 20 are short answer questions. Answer ALL TEN short answered questions. Each question carries FOUR (4) marks. Please cite relevant case law and/or statute where necessary.

Q11. What is the difference between a condition and a warranty?

Q12. Explain the methods by which exclusion may be declared void or
unenforceable by the common law requirement of incorporation and by UCTA.

Q13. Explain the element of intention to be legally bound, using examples of social or domestic promises.

Q14. What are implied terms? How and why are they added into contracts?

Q15. Explain unilateral mistake in your own words and with a case example.

Q16. Are mediation and arbitration better methods of solving disputes between parties? Explain.

Q17. Explain the difference between the ITT and the Offer using the case of Carlill v Carbolic Smokeball Co.

Q18. What is undue influence?

Q19. Explain one exception to the general rule that performance must be complete and be an entire performance of the obligation.

Q20. Explain the legal concept of the separate legal entity under company law.

Section C: TWO (2) Case Study Questions

Instructions: Questions 21 and 22 are case study questions. Answer BOTH questions and please cite relevant case law and/or statute where necessary.

Q21. John consults the specialist doctors at a private hospital (PH Ltd) in Singapore. He complains of a severe headache. The doctors examine him but unfortunately, they fail to detect a tumor that was growing on his brain. They tell him that there was nothing serious with his medical condition.

Six months later he is diagnosed with advanced brain cancer by specialists in another hospital. The hospital informs him that if he was diagnosed accurately by PH Ltd the cancerous growth could have been prevented through early medical intervention.

He is very upset and wishes to take legal action against the doctors and PH Ltd for their negligence.

Advice John as to what he has to establish in order to succeed in his claim under the law of tort of negligence.

Q22. Janice buys a branded watch from Watches Pte Ltd, a famous watch retailer in Singapore. She pays $1500 for the watch which is sold to her and described in the brochures and other sales materials as a high-quality Swiss watch manufactured in Switzerland.

Three months later, she is shocked to realize that the watch stopped working and had to be repaired under their repair warranty. To make matter worse, she comes to know that the watch was in fact made in Thailand.

The watch repeatedly stopped working despite the repairs made by their workshop. Janice is furious and wants her money back and wishes to sue the company for selling her a watch that was of poor quality and that was not manufactured in Switzerland. Advice, Janice as to the remedies available to her, under the Sale of Goods Act.