Maddox Smith Staff asked 4 years ago

Business and Commercial Agreements

Explain in detail using cases examples where appropriate on the following: Question 1 John has always been an avid gamer and knows a good deal when he sees one. One fine day, John saw on ABC Pte Ltd’s website that they were selling a very popular Xbox game, “Borderlands”, for a very reasonable price of S$15.00. “Borderlands” usually retails for S$48.99. However, John knows that there are other gaming shops that do sell the game for as low as S$12.00. John decided to call ABC Pte Ltd and ask if he can purchase the game at S$12.00. The ABC Pte Ltd’s representative replied, “No. In fact, we are no longer selling the game at S$15.00, that promotion is over already. But we are now selling it at S$48.99, do you still want it?” John is obviously upset that he could no longer get his favourite game at a cheap price. Discuss if John can take any action against ABC Pte Ltd. Points to consider: . Identify and discuss that ABC Pte Ltd’s website is an invitation to treat and not an offer for contract. . Discuss that John was making an offer when he asked if he could purchase it at S$12.00. . Discuss how ABC Pte Ltd rejected the offer, but counter-offered it at S$48.99. John did not accept the offer when he hanged out the phone call. . Conclusion with reasons. Provide appropriate cases example for each point. Question 2 John sought your advise regarding the elements of a contract, and wanted to know specifically what does it mean for parties to have intended to create legal relations? In particular, John wants to know does it matter in what setting an agreement would be found to have such an intention, and why? Suppose that John had signed a written agreement with his sister, promising to lend her $5000.00, and that the amount is due four months later. Can he enforce this contract with his sister on the basis that he intended to form a legal relation with her? Why? [40] Points to consider: . Need to discuss or explain what is an intention to create legal relations. . Discussion: intention to create legal relations in business and commercial agreements. . Discussion: presumption of intention not to create legal relations in domestic and social agreements. . Discussion: John and his sister had formed an agreement in a domestic and social setting, is it likely that they have intended to create legal relations? Provide appropriate cases example for each point. Referencing (Correct citation and book references). [10] Presentation (Detailed table of contents, correct line spacing, correct margin justification, correct margin width, page numbering, correct font size and type, general overall neatness and originality). 1) Table Of Content 2) Plagiarism less than 20% 3) Minimum 2000 words 4) Provide case example for each point 5) At least 5 references 6) Conclusion with reasons