BUS201 The Law of Contract analysis explain to arnold whether GCC would be entitled to terminate the contract with Ah Seng on the basis of the breach of cl
BUS201 The Law of Contract analysis explain to arnold whether GCC would be entitled to terminate the contract with Ah Seng on the basis of the breach of clause 12. in your answer, you should distinguish between conditions and warranties, and explain how this is relevant to your analysis.25marks apa format BUS201
Contract and Agency Law
Group-based Assignment
January 2019 Presentation
BUS201
Group-based Assignment
GROUP-BASED ASSIGNMENT
This assignment is worth 38% of the final mark for BUS201 Contract and Agency Law.
The cut-off date for this assignment is 24 Feb 2019, 2355hrs.
This is a group-based assignment. You should form a group of 4 members from your
seminar group. Each group is required to upload a single report via your respective seminar
group site in Canvas. Please elect a group leader. The responsibility of the group leader is to
upload the report on behalf of the group.
The total length of the report should be no more than 10 type-written pages with font as
Times New Roman, size 12, 1.5 spacing and a 2.54 cm margin all round (excluding cover
page, table of contents and/or references). All pages should be numbered.
In this assignment, you are expected to:
• Apply legal principles to new situations to solve the problem or determine the most
appropriate outcome.
• Develop the essential knowledge and interpersonal skills to work effectively in a
team.
• Demonstrate well-developed written proficiency.
It is important for each group member to contribute substantially to the final submitted work.
All group members are equally responsible for the entire submitted assignment. If you feel
that the work distribution is inequitable to either yourself or your group mates, please
highlight this to your instructor as soon as possible. Your instructor will then investigate and
decide on any action that needs to be taken. It is not necessary for all group members to be
awarded the same mark.
Note to Students:
You are to include the following particulars in your submission: Course Code, Title of the
GBA, SUSS PI No., Your Name, and Submission Date.
SINGAPORE UNIVERSITY OF SOCIAL SCIENCES (SUSS)
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BUS201
Group-based Assignment
Important Note: Grading of TMA/GBA/ECA Submissions
Marks awarded to your assignment are based on the following guidelines:
1. 80% of the marks are allocated to the content of your answers:
The marks awarded to what your answers cover depend on the extent to which they
cover the key points that correctly and comprehensively address each question.
The key points should be supported by evidence drawn from course materials and,
wherever relevant, from other credible sources.
2. 20% of the marks are allocated to the presentation of your answers:
Wherever applicable, the marks awarded to how your answers are presented depend on
the extent to which your answers:
form a sound reasoning by developing those key points in a clear, logical and succinct
manner;
provide proper and adequate in-text citations and referencing to content drawn from
course materials and other credible sources;
strictly follow APA formatting and style guidelines 1, in particular for:
• in-text citations and end-of-report references;
• the identification of figures and tables;
use, wherever relevant, the specialised vocabulary and terminology commonly used in
discussions about the topic(s) covered by each question;
provide a reference or bibliography at the end of the main report;
include the less relevant details in an Appendix;
use sentence constructions that are grammatically and syntactically correct;
are free from spelling mistakes; present the workings, numerical formulations and
results in a logical manner that follows the APA formatting and style guidelines;
design and present graphs, diagrams and plots that follow the APA formatting and
style guidelines;
•
are highly original;
have proper formatting, which may:
• include a properly formatted cover page;
• respect the answer length/word count set out in the assignment guidelines, if
any is prescribed;
• present answers in paragraphs with proper spacing and page margins;
• include page numbers and appendices, if necessary.
1
You can find a short tutorial on the APA formatting and style guidelines here: https://is.gd/mgEOnC .
Additional details (pertaining to tables and figures) can be found here: https://is.gd/O4vDdT .
SINGAPORE UNIVERSITY OF SOCIAL SCIENCES (SUSS)
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BUS201
Group-based Assignment
You must answer ALL the questions. (Total 100 marks)
Note to Students: Remember to support your analysis with reasons, case law or statutory
provisions (where applicable).
Question 1
As a side hobby and in his free time from working as an IT consultant in a multinational
corporation, John dabbles in constructing gaming computers for his friends and family.
On 11 May, John emailed his friend Fred and offered to sell him a high-end gaming personal
computer that John constructed (the “PC”), for the price of $2,500. On receiving the email
on 11 May, Fred telephoned John to ask whether he could have some time to think about the
offer. John said that for $50 he would leave the offer open until 15 May. Fred agreed to this
and immediately transferred $50 to John via the “Paylor!” mobile application, which allows
individuals to do fund transfers using their mobile phones.
On 12 May, Fred replied to John’s email stating that he agreed to buy the PC at the specified
price. John did not know that Fred had sent him this email as John did not check his email
inbox.
On 13 May, John is approached by his colleague Kent who heard about John’s PC. Kent
offered to buy it for $3,000. As this was a more attractive proposition, John accepted Kent’s
offer and, without reading Fred’s earlier email, immediately sent an SMS (i.e. mobile text
message) to Fred telling him that John had sold the PC to Kent.
After reading the SMS (on the sale of the PC to Kent), Fred became very upset with John as
Fred thought that they had already agreed on a deal.
(a)
Discuss whether there is a valid contract between John and Fred for the sale of the
PC. In your answer, you should identify the four (4) key elements of a valid contract
and discuss whether they are present. You are also required to refer to the provisions
of the Electronic Transactions Act (Cap. 88) where relevant, to support your views.
(35 marks)
(b)
Fred has come to you for advice on an appropriate alternative dispute resolution that
he may undertake with John. Compare and contrast the features of litigation with
one (1) other alternative dispute resolution (ADR) based on the facts in this scenario,
and conclude with your recommended approach to the resolution of his dispute with
John, providing justifications for your recommendation.
(10 marks)
SINGAPORE UNIVERSITY OF SOCIAL SCIENCES (SUSS)
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BUS201
Group-based Assignment
Question 2
Green Corridor Café (“GCC”) is a café which takes pride in providing vegetarian cuisine
using ingredients which come from sustainable sources and are grown using environmentally
friendly processes. GCC has gained a reputation with its slogan “Green Footprint, Organic
Living!”. The owner of the café, Arnold, aims to engage local suppliers in Singapore and
promote cooking with organic ingredients that are sourced with the least carbon footprint (i.e.
using as little fuel-based transport as possible).
Arnold contacted a local farmer, Ah Seng, in Singapore to source for organically grown
vegetables. Arnold inspected Ah Seng’s farm in Lim Chu Kang, Singapore and was pleased
to see that Ah Seng had many types of produce which would be suitable for GCC’s cuisine.
They agreed that Ah Seng would supply GCC with certain specified types and amounts of
vegetables on a weekly basis for 12 months, and a contract was prepared accordingly.
Clause 12 of the contract between GCC and Ah Seng states as follows:
“It shall be a warranty of this Contract that the vegetables supplied would be
sourced from Singapore and grown using organic processes.”
Arnold did not know the legal significance of the word “warranty”, but he signed the contract
anyway because he saw the words “sourced from Singapore” and “grown using organic
processes”, which were very important to him.
In the third month of the contractual period, Arnold found out that some of the vegetables
were not grown in Singapore. Instead, they were sourced from nearby organic farms in Johor
Bahru, Malaysia. When Arnold asked Ah Seng about this, Ah Seng replied that, “Johor is
very close to Singapore! They are virtually the same!”
In the fourth month of the contractual period, Arnold found that some of the vegetables that
were supplied by Ah Seng’s farm in Lim Chu Kang contained some pesticide, although these
were not harmful with regard to human consumption. Arnold is unhappy about this, partly
because he is worried that his customers might think he is a hypocrite because of GCC’s
slogan. He therefore wishes to terminate the contract with Ah Seng.
Separately, Arnold entered into a new contract with Soy Soy Pte. Ltd. (“SSPL”), a
manufacturer and supplier of soy-based imitation meat, for SSPL to supply soy-based burger
patties to GCC. In the contract with SSPL, Clause 15 states as follows:
“During the period of the contract and for two (2) years after the termination of
the contract, Green Corridor Café shall not manufacture, sell or distribute any
soy-based food products in Singapore or anywhere else in the world.”
A few months later, Arnold started thinking about creating and selling his own soy-based
chicken burgers in GCC, and started consulting other industry suppliers on his ideas. SSPL
heard about this and wants to enforce Clause 15 of the contract against GCC.
SINGAPORE UNIVERSITY OF SOCIAL SCIENCES (SUSS)
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BUS201
Group-based Assignment
(a)
Distinguish implied terms from express terms by explaining the differences between
the two categories of terms. You should support your answer by providing two (2)
examples under each category, based on the contract between GCC and Ah Seng.
(10 marks)
(b)
Explain to Arnold whether GCC would be entitled to terminate the contract with Ah
Seng on the basis of a breach of Clause 12. In your answer, you should distinguish
between conditions and warranties, and explain how this is relevant to your analysis.
(25 marks)
(c)
Identify the main legal issue that arises from terms like Clause 15 in the contract
between GCC and SSPL. Explain whether SSPL is able to enforce Clause 15 against
GCC, if GCC decides to start selling its own soy-based chicken burgers.
(20 marks)
—- END OF ASSIGNMENT —-
SINGAPORE UNIVERSITY OF SOCIAL SCIENCES (SUSS)
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