Lectures 1 - 3 notes for Business Law
Lectures 1 - 3 notes for Business Law
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Date Created: 10/10/15
Business Law BMO742 AY 2014 Semester 1 Lecture 1 z The Singapore Legal System Is this law You shall attend all tutorials and lectures What about this You shall give up your seat on the MRT to the elderly pregnant women Or this You shall not smoke on campus Why is this law and not just a school rule Law A body of rules to be obeyed Legal System Institutions and ways to enforce the law eg the courts Function of the courts n Provides a forum for resolving disputes n Punishment of wrongdoers Clssificatn of Law Purpose Examples Parties Burden of proof What the court decides What the court orders Criminal Law Punishment ofthe criminal Deterrence Penal Code murder rape Arms Offences Act armed robbery Public Prosecutor Accused Defendant Beyond reasonable doubt Guilty Not Guilty Fine imprisonment caning or death Civil Law Defines rights and duties of individuals and businesses Provides remedy for private wrong Contract Law Tort Law PlaintiffClaimant Defendant On a balance of probabilities Liable Not Liable Damages monetary compensation specific performance lassification of Law Section 27A Miscellaneous Offences Public Order and Nuisance Act Appearing nude in public or private place 27A 1 Any person who appears nude a in a public place or b in a private place and is exposed to public view shall be uilty ofan offe and shall be liable on conviction to a exceeding 2000 or tol imprisonmentlfor a term not exceeding 3 months or to both EIn FIEHEWS EIHGMF39EERE i HhL 39ii l i I hSIi i I WDRMEZ I ELUEIHESE i RENE i SH DWEIE WEE JEII39i BE E f l HEuiEr i n L I39ll F39rirrt frienzil39r39 EEmailafTieni 4411 FEED li39I39IEHt Hn 71 3 ii Naked Ei ililpiiE Silill PI IEEE Str ll Ti EIII IJEI E in Simgapun e i39n muple lriE iiE tinniEfI air dinnEn n 1 a 15r39l39lir39luiiE flank3 parade in Einngapw Lriygneanir lg IJL39iLIi Ein liii rj l li iii Ennii applauee in an StanEa IEIII HIJEIE ur llfleari ui in ii mnnEEnva ij39a any F39nnizi nn39lal lagEn TEnEI ILE EEhiei iiIJIiJ iahe Elinail a Wr lii nnErn fpapnar I ll ll le Litiupll natian UH Eil IEir ileum5 Lin 53bquot ilk13939I I Iigl lii Elii a giairmm inn 3 LilliHa nl39 Hale ir39I Hullar39liJ village kI IIJn 39nn II r iii p n nnian I Iigl lii pnniciniiin quotThET thniiineEa inn I Iar39lil Lin3f waihELI ir I EJ IEin Hip ung EllynEma LIIe nn leir IanEL I IE mini adding winEnn El nEs Litiupli i an Lllurnn a 533 Ii Ep iiaiiur was realm and wi n camarea Outcome Both accused Jan Philip and Eng Kai Er were each fined 2000 Classification Law Section 50 Sale of Goods Act Damages for nonacceptance 50 1 Where the buyer wrongfully neglects or refuses to accept and pay for the goods the seller may maintain an action against him foor nonacceptance 2The measure of damages is the estimated loss directly and naturally resulting in the ordinary course of events from the buyer s breach of contract lassificatin of Law Certain conoluct may violate Heid both the criminal and civil law Receipt of bribes Violation of the criminal law Carrefour Singapore Pte Ltd Result 10 month s v Leong Wai Kay 2006 imprisonment and fine Leong was employed by Receipt of bribes Violation of Carrefour as a facilities the civil law which states that manager an employee owes a duty to his He received bribes from employer not to receive bribes companies which provided Result Pay employer Carrefour services to Carrefour 292800 the value of the bribes received I One ofthe risks faced by businesses is legal risk 2 key questions that businesses must ask themselves Will I bejailed fined for doing this Criminal Law Can I be sued for doing this Civil Law Sources of Law Where does Singapore law come from The Constitution of Singapore Legislation statutes enacted by Parliament Subsidiary Legislation Common law Sets out the structure of government legislature executive judiciary Sets out the fundamental rights of individuals eg freedom of speech freedom of religion prohibition against slavery Supreme law of the land Any other law which is inconsistent with the constitution is void Legislation Statutes Written Laws enacted by parliament Usually ends with the word Act XYZ ACT Examples Business Registration Act Companies Act May be changed over time amended repealed etc Available online at httpstatutesagcgovsg islation HEIEEAHEE ACT EHAFTE 1411 irt nl 131quot 19615 IQ39TIII 1937 11991 EIEIIIIIIII EEKEiIZSIEIZ EEKIEEED RE E39IEJED M ETIEED EDITI F EDIT n EE III39DECAPE EEIIITIZE EAR 193i CAP 14 IiiIE BEBE E FE HHS E I 2 EETIEED EDITIEI FT 3T EMET E nflTr 5 IJf ll 5 lIl izufl i 31E nfl 39 lay 39 Amended 315 If 193 Ell Inf 195 2 5 MT 1999 3 If I199 41 nfEIIIIl httpl statutesagc g0vs g 23a nfl E4 afi 39 quot Ijf EEIIIEIE Ell af l l 41 Infill U 1 j j 7 7 7 I ll 3511 Act Ear the reg ati Elf i ELlIEL EE EUEi E and mammals i t l l 39 i iiEE in Ei gapmt and fIIEI thE I PU J ElliES mla tm 1116mm il39 cmmected th ewifh film January 153671 Subsidiary Leislation Subsidiary Legislation Additional rules and regulations made by the minister or administrative body as empowered by statute Usually ends with the word regulations or rules XYZ Regulations XYZ Rules Examples Workplace Safety and Health First Aid Regulations Bankruptcy Rules EEMEING ACT H PJTEH 1 3 ANEIME EEEDIT KARE AMI HQEGE E HEIZla HEGLILETIDHIE 1394 ARRANGEM EIhIT iIEIF FtEGllJ39L LTI hIE Miriihnmm emumel imeeme requirement irquot quot 39r 39 Jq39 jL Ragulatl 1i Stlhjeet U the negtlletlem e Herd leeeel ehel met 1 Citetieh eme eeh39Ihreheeh neht leeee e en39etlnt eere er charge teed te shy Irne lmduel wl39ne IS in Detihitiehe e EIHTIEEU39I et39 Elmgeeere erquot a permanent heeldernt tlhleee 3 ppl cet eh et39 theee Regtlletieme 4 MHF IIH LII39T39I EIU39H39DLlEII II39DEDI39TUE I39E L ll39E T39iEU39lt EL i 339 31 am di39 d dal Egal39g my 5 SUPE39HE39T39EHIE39W Gard he ew he I39nee ah Eil W lLJEIH iheeme et39 at leeet Eu Meeun mm credit limit Sg m TE39u Se ieitetiem 7 r I 7 7 i n i h 1 the teee ah Il39ndlwltlue ebeee 55 yeere m age he Eu F39EH TIELJHEI E te he ttl 39hlehetl he eetel leeuer39e 7 1 7 n I t r we 1 7 n r hee eh ernhtlel Ihtenhe letquot em Heeet SlayiiihtiiiilZr 399 Duecleeure ef fl 39lElHEE ernel lete peymem Chelgee l EHEITID EEDFI I I 11 ergw ati at the time ef quot epelleetleh few the eaten Ira eeereiee et39 the p WEU S eeh Ferreel In eectir 1h F39Ei E et39 the ehItihg JeathF the Mehetery atlth l39ity et39 1 htt l39lti 39dli bk b1 SIhgEIIJeFe here w mekee the tellewlhg Ftegu etlehe pWwwmaSgOVSg eglsa Oil gm e nes an ssu 6 gislation BankingCreditCardandChargeCardhtml The Commn Law Common Law Judge Made Law Legal principles laid down by judges in cases they decide Eg The legal principles in the case of CDL Hotels International Ltd v Pontiac Marina Pte Ltd 1998 2 SLR 550 decided by the Singapore Court of Appeal A court is bound to follow the legal principle in an earlier case if Rationale 9 Ensures consistency fairness and predictability Court of First Instance Court where the parties dispute is first heard Appellate Court Court which hears an appeal against the decision of the court of first instance Jurisdiction Limit of the Court s power to deal with different types of cases Supreme Court Small Claims Magistrate s District Court Tribunal Court State Courts P re olu rt Stru ctu Jurisdiction Civil Claims Losing Party may Appeal To Small Claims Contracts for the sale of goods provision of services High Court on point of law or Tribunal leases of residential premises which do not exceed 2 JUHSdIC EIOH 000 years Claim must not exceed 10000 Magistrates39court Limited to claims not exceeding 60000 High Court District Court Limited to claims not exceeding 250000 High Court High Court Unlimited jurisdiction Court of Appeal Specific Matters r Certain types of cases can only be heard by the High Court Ccmpany Winding Bankruptcy Up Proceedings Proceedings Admiralty Matters The Curt of ppeal Highest court in Singapore Appellate court Does not sit as a court of first instance Hears appeals against judgments of the High Court in civil and criminal matters THE END Busmess Law BM 74 2 2014 Semester 1 Lectures 2 amp 3 Formation of Contract Why the need for contract law Contract Agreement between 2 or more parties which is legally enforceable 3 important requirements must be met for a contract to exist 1 Agreement Offer and Acceptance 2 Consideration 3 Intention to create legal relations Agreement k j k j k Once agreement is made if either party changes his mind and backs out breach of contract Offer a statement by one party of his willingness to enter into a contract on certain stated terms Offeror person making the offer Offeree person to whom the offer is made Law states that an offer must be communicated made known to the offeree If offeree does not know about the offer he cannot accept the offer i v A N quot 4 Invitation to treat Not an offer Merely invites others to negotiate or make offers which may or may not be accepted Cannot be accepted so as to form a contract Display of Goods in a Shop Window or Store Merely an invitation to treat Shopkeeper is inviting potential customers to offer to buy the goods at stated price Demand of customer is the offer to buy I which shopkeeper may accept or reject 39 Shopkeeper not in breach of contract if he refuses to sell at stated price 5 Advertisements Advertisement in a newspaper or magazine is an ITT mli39 Ve h i c l e s 3 V R CV O VA 5 ltuzdny Fuhmozx 5 ZIIEI I 4 A may HYUNDAI on mm mm muuom HYUNDAI H m N n u n runDAi m HYUNDAI m 9 FOR 5 m 5 SALE m FORSALE m FOR SALE m FORSALE m FOR SM 9 mum ron SALE FORSNE 70R 3 39 Gimm39 t v 391 x V v39 I A Advertisement cannot be accepted by a reader so as to form a binding contract ain Patridge v Crittenden quotquotquotquotquotquotquotquotquotquotquot quotquotquotquotquotquotquotquotquotquotquotquotquotquotquotquotquotquotquotquotquot quotquotquotquotquotquotquotquotquotquotquotquotquotquotquotquot quotquotquotquotquotquotquotquotquot Advertisement in magazine offering chickens for sale was merely an ITT Circulars and Catalogues Seller who sends out catalogue circuar is merely making an ITT s Wu w 1 39 PY39 i V r5 539 7 l l r i I i j I 39 V r 1 KLIPPANTsootIu i t Seller does not intend to make a contract with every person who reads the catalogue l 1 Reader of the catalogue cannot insist on having the goods at Create the stated price Llfe at home QISCO VEF THOUSL HJ H 3939L FURNESHINGI w Tenders A call for a tender normally an invitation to treat not an o er Offeror Party submitting the tender In general company calling for tender not obliged to accept the tender even if lowest Contract formed only when company has decided who to award the tender to and has commmunicated this to successful party Sample Invitation TOTender Websites Default Position Websites to be treated as ITT Electronic Transactions Act 2010 Rationale Possibility ofan unlimited number of contracts However Possible for website to be regarded as offer if words used indicate an intention to be bound eg auction sites Once an offer is made it remains open for acceptance until it is terminated or it Iagses An offer may be terminated by Revocation withdrawal Rejection by the by the offeror offeree Rejection by counter o er Offeror may withdraw revoke offer at any time before acceptance Revocation is effective only when communicated to and received by the offeree Eg lf offeror revokes by letter revocation is effective only when the letter is received not when it is sent out Revocation by Offeror Byrne v Van Tienhoven 1880 Oct 1 Seller posted a letter offering to sell goods to buyen Oct 8 Seller changed his mind and posted a letter withdrawing the offer Oct11 Buyer received the letter of offer and immediately telegraphed his acceptance on the same day Oct 20 Buyer received the letter of revocation Was there a contract Counteroffer Where offeree introduces new terms or changes the terms of the original offer Effect of a counteroffer Offer is terminated Offeree cannot change his mind and accept original offer unless offeror agrees However offeror may choose to accept counteroffer Hyde v Wrench 1840 Wrench offered to sell land for 1000 to Hyde Offer Hyde wrote back offering 950 which was refused Counter offer Hyde later wrote back saying he accepted the original offer and was willing to pay 1000 Was there a contract Acceptance Acceptance Offeree agrees to the offer without changing the terms of the offer What if the cfferee changes the terms of the offer Communication of Acceptance Important principle 9 Acceptance must be communicated to the offeror 9 Otherwise no contract How should the offeror communicate his acceptance lf offer specifies the mode of acceptance offeree must comply otherwise acceptance not effective If no mode of acceptance is specified offeree may accept in any manner that is reasonable Mode of Acceptance Applicable Rule When is Acceptance Effective Telephone Fax Email Post Upon Receipt Upon Receipt Upon Receipt Upon posting provided It is reasonable to use the post to accept Letter of acceptance properly stamped and addressed gt Offeror must hear the words of acceptance gt Fax must be received on offeror s machine gt So long as fax is received in offeror s fax machine during office hours acceptance is effective even if message not read The Brimnes gt If offeror has designated an email address acceptance is effective at the time when the email is capable of being retrieved by the addressee at that email address Electronic Transactions Act 2010 gt If conditions met Contract is made once letter is posted regardless of whether offeror actually receives the letter Can an offer be accepted by silence 1 Offeree who does nothing about an offer cannot be taken to have accepted the offer 2 Offeror may not put a condition in his offer that silence shall constitute acceptance without the offeree s consent Acceptance by Silence Felthouse v Bindley 1862 F sent a telegram to his nephew which stated I will buy your horse for 30 15s and if I hear no more I will consider it mine The nephew never replied and sold the horse to somebody else Was there a contract between F and his nephew Some ways by which a contract may be formed THE END
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