FO3 ITCC

TASK 1 (a) Explain the different types of business agreement and the importance of the key elements required for the formation of a valid contract. Part 1: Explain Contract 1.1 DEFINE A CONTRACT 1.2 GIVE EXAMPLES FOR DIFFERENT TYPES OF CONTRACTS
bilateral vs unilateral; express vs implied; promissory estoppel; quasi; simple; specialty and standard form (No need to give details but put it in your appendix).

Part 3: Explain the importance for the key elements required for the formation for a valid contract 3.1 WHAT ARE THE ESSENTIAL KEY ELEMENTS TO FORM A CONTRACT?
briefly discuss essential elements: agreement; consideration and intention to create legal relations briefly discuss validity factors: form; genuine consent; capacity; content and legality

3.2 EFFECT OF CONTRACT IF KEY ELEMENTS ARE ABSENT? 3.3 EFFECT ON AFFECTED PARTIES

1.3 WHEN DO YOU ENTER INTO A CONTRACT WITH SOMEONE?

When you buy a house When you buy from a shop When you start working in a company

explain vitiating factors if contracts may be void, voidable or unenforceable

3.4. CONCLUSION CLAIM 1: 1 (b) YOU ARE REQUIRED TO ANALYSE THE SCENARIO FROM THE PERSPECTIVE OF THE LAW OF CONTRACT. APPLY THE RULES OF OFFER AND ACCEPTANCE IN A GIVEN SCENARIO ALSO CONSIDERING ANY IMPACT OF NEW TECHNOLOGY

Part 2: Explain the different types of Business Agreement 2.1 AGREEMENT AS AN ESSENTIAL ELEMENT IN FORMATION OF A CONTRACT
define agreement explain the importance of agreement explain components (offer & acceptance) of agreement and its validity apply agreement to your above example of a contract with someone

Part 1:
1.1 ISSUE
whether there was a contract between parties in question of fact for contract concluded through internet.

2.2 GIVE EXAMPLES OF DIFFERENT TYPES OF BUSINESS AGREEMENT

give 2-3 types of business agreements Employment contracts Buying and selling goods Renting or buying a property Franchise agreement Export or import of goods Use of software licensing agreement Sub-contracting agreement, etc apply offer and acceptance by parties to the contracts in your business agreement examples. E.g. employment contract. Agreement between employee and employer for the terms of employment. Terms usually include salary, working hours.

1.2 ONLINE TRANSACTION

what are the principles governing the formation of written and oral contracts concluded through internet? In the context of the formation of contracts, can offer and the acceptance be expressed by means of electronic communications? Refer to page 6, formation and validity of contracts under s.11 of the Electronic Transaction Act. Cap 88. Give case example: Chwee Kin Keong v Digilandmall. Pte Ltd. discuss the effectiveness of contract between parties on an electronic communication Is case scenario a type of invitation to treat? (Use s.14 Invitation to make offer under the Electronic Transactions Act. Caps 88 to confirm). Use s.16 part 2a under Error in electronic communications to explain why contract has become binding (i.e. has not used or received any material

FO3 ITCC benefit or value from the goods or services, if any, received from the other party).

Part 2:
2.1 ISSUE (MATTERS THAT ARE IN DISPUTES)
- whether there is a breach of contract for not delivering the 1,000 sets of hand phones to M5.

Claim 2: 1 (c) Assess the importance of the rules of intention and consideration of the parties to the agreement Part 1: 1.1 Explain intention and its Importance of the rule
define intention what are the rules of intention in domestic and commercial agreement and why is it so important?

2.2 DEFENCE AGAINST WINSLOW

explain vitiated mistakes shared by both parties i.e. common mistakes identify and define the type of mistake for case in claim apply rule of unilateral mistake rule: where one party is mistaken as to the terms of the contract and the other knows this, contract will be void, regardless of whether the terms is fundamental. give case example analyze case M5 bears the burden of proof that Winslow actually knew about the mistake. Explain the proof. form conclusion (need to draw assumption from analysis)

Part 2: 2.1 Explain consideration & its importance of the rule

define consideration and why is it so important? explain the various types of consideration: executory; executed and past consideration. give case example for each type of consideration In Cocos case, what was the consideration given by Mrs. Winslow?

Part 3: 3.1 ISSUE (MATTERS THAT ARE IN DISPUTES)

whether there was an agreement between husband and wife? Was it intended to be legally binding?

Part 3:
3.1 ISSUE (MATTERS THAT ARE IN DISPUTES)
- whether there is a breach of contract for not delivering the set of hand phone to Charlene, the university student

3.2 LEGAL INTENTION TO TRANSFER PROPERTY TO WIFE

In Winslows case, was there an intention to create legal relation for domestic agreement by both parties by both parties (husband and wife) from legals perspective? Give case example. may court impute an intention to create legal relations for spouses relating to property maters? Give case example.

3.2 DEFENCE AGAINST CHARLENE

is M5 defense weaker than Mr. Winslow? analyze case could M5 prove that Charlene concluded the contract is under a unilateral mistake in order to make their contract void? form conclusion (need to draw assumption from analysis)

3.3 CONCLUSION

Part 4:
4.1 WAY OF STRUCTURING ITS MODE OF ONLINE TRANSACTION IN PREVENTING A SIMILAR INCIDENT FROM HAPPENING AGAIN IN THE FUTURE
define counter offer apply counter offer in M5s statement of reply form conclusion on how counter offer could help M5 not to bind itself until a firm offer is accepted by them, otherwise there is no contract.

draw assumptions from analysis

Part 4: 4.1 ISSUES (MATTERS THAT ARE IN DISPUTES)

whether there was an agreement between landlord and tenant? whether promise made after a performance is legally binding?

4.2 LEGAL INTENTION FOR A ROOM RENTAL CONTRACT

was there an intention to create legal relation by both parties (landlord and tenant) for a commercial agreement from legals perspective? Give case example.

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4.3 EXPLAIN & APPLY CONSIDERATION TO CASE

define consideration explain the various types of consideration: executory; executed and past consideration. explain and apply adequate consideration to case scenario for a room rental contract

2.3 SHARES CONTRACT

is purchasing share a legal activity for Benny? Give general views of others between purchasing share and gambling. identify the type of contract Between Benny and stockbroker (technically voidable for Benny and may be unenforceable by stockbroker) apply rule of voidable contract [i.e. binding unless and until the minor rescinds (withdraws) the contract]. give case example. apply rule of unenforceable contract [i.e. cannot force a minor to accept until minor ratifies (adopts) it - but adult is bound]. provide analysis: cannot force Benny to pay up for the price of the share. Benny is able to sue the stockbroker on the contract for lack of payment if he sells the share and it is possible for Benny to enforce (effective) contract. -form conclusion (need to draw assumption from analysis).

4.4 REFUSAL TO REDUCE RENT

identify the type of consideration apply rule give case example form conclusion

Part 5: 5.1 ISSUE

do it on your own

5.2 SEEKING TO INCREASE RENT

discuss the terms in existing contract discuss and apply unsupported fresh consideration rule discuss and apply mirror image rule form conclusion (need to draw assumption from analysis).

2.4 FAKE GOLD CHAIN CONTRACT

discuss caveat emptor apply rule for Thomas to pay Benny comment on fraudulent representation made by Benny. Advice the action and remedy Thomas could take and have. -form conclusion (need to draw assumption from analysis)

Claim 3: 1 (d) Explain the importance of the contracting parties having the appropriate legal capacity to enter into a binding agreement

Part 1:
1.1 EXPLAIN THE DIFFERENT GROUPS OF CONTRACTS BETWEEN A MINOR AND ANOTHER PARTY
explain the different groups of contracts for a minor (i.e. valid; voidable and unenforceable contract).

Claim 4: 2 (a) Analyze specific contract terms with reference to their importance and impact if these terms are broken.

Part 1:
1.1 TERMS IN EXISTING CONTRACT
evaluate existing terms explain effect of terms (i.e. restraint of trade; remedies; existence of exemption clause)

Part 2:
2.1 ISSUES
do it on your own for three cases (betting, shares and fake gold chain contracts).

Part 2:
2.1 ISSUES
restraint of trade remedies existence of exemption clause

2.2 BETTING CONTRACT

identify the type of contract between Benny and bookmaker (William Hill Betting PLC). Use gambling act to confirm. apply rule of gambling act (i.e. gambling debts are void) give case example for a void contract analyze if Benny would receive anything for his winnings as well as the money he spent on betting i.e. his capital? form conclusion

2.2 RESTRAINT OF TRADE & REMEDIES

whether there is a possibility to have exclusive agreement to give intention to restraint trade? give case examples apply test of reasonableness and fairness in protecting Cindys commercial interest assessment for test of reasonableness for clause 1 : length of restraint and provision 7

FO3 ITCC assessment for test of reasonableness and fairness for clause 2: no undertaking as to quality of the materials used and good workmanship form conclusion for getting an injunction to prevent Winslow from buying elsewhere or damages for lost sales.

Claim 5: 2(c) Discuss the effect of exemption clauses in attempting to exclude contractual liability

Part 1:
1.1 EXCLUSION CLAUSE
Define exclusion clause Discuss the conditions for relying on clause (must be incorporated, interpreted, tested under UTCA Act 1977 and UTCCR 1999)

2.3 EXEMPTION CLAUSE

identify the type of term for exemption clause (i.e. express) assessment for test of reasonableness and fairness: apply sale of Goods Act 1979, s.13(1); s.14(2) and s.14(3) apply UTCA act 1977, Avoidance of liability for breach of contract s.3(a) give case example form conclusion for an effective defense for Cindy (need to draw assumption from analysis).

Part 2:
2.1 ISSUES
do it on your own

2(b) Apply and analyze the law on standard form contracts

2.2 DISCUSS EXCLUSION CLAUSE 1: Newport Service can accept no responsibility for any damage caused as a consequence of repairs carried out on these premises.
explain how the above exclusion clause was incorporated (by signature, notice or previous dealings?) discuss when exclusion clause 1 must be brought to the attention to Winslow and was there also sufficient notice given to him in order to be binding. establish whether above exclusion clause was considered to be incorporated, if so analyze whether breach of clause has occurred discuss and apply rules for main purpose; breach of condition and fundamental breach. Give case examples. apply UTCA act 1977, Avoidance of liability for negligence S3(a & b) on restricting liability for own breach and non performance. apply UTCA act 1977, test of reasonableness and fairness: Sale and supply of goods (ss.6-7), which cannot exclude or restrict liability for breach of the conditions. discuss courts consideration for test of reasonableness S(11) - refer to lecture 7c, slide 11) discuss and apply UTCCR 1999 - refer to lecture 7c, slide 11) apply rule and analyze whether condition could be contained at the back of the receipt which Winslow had signed without reading. Give case example. form valid conclusion (need to draw assumption from analysis).

Part 1:
1.2 STANDARD FORM CONTRACT
define standard form contract

Part 2:
2.1 APPLICATION & ANALYSIS
explain express term, its two categories (conditions & warranties) and the remedies available to injured party. identify and discuss exemption clauses, if any in the contract discuss & apply implied term (by custom, by courts or by statute) in the contract discuss & apply main purpose rule, breach of conditions & warranties and fundamental breach. discuss & apply UTCA act 1977: test of reasonableness and fairness s(11) sale of Goods Act 1979 avoidance of liability for negligence S (2) & S (3) give case example form valid conclusion (need to draw assumption from analysis)

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2.3 DISCUSS EXCLUSION CLAUSE 2: THESE PREMISES ARE DANGEROUS. Clients enter these premises at their own risk and Newport Service accepts no responsibility for any damage or injury sustained.
explain how the above exclusion clause was incorporated (by signature, notice or previous dealings?) discuss when exclusion clause 2 must be brought to the attention to Winslow and was there also sufficient notice given to him in order to be binding. establish whether above exclusion clause was considered to be incorporated, if so analyze whether breach of clause has occurred discuss and apply rules for UCTA act 1977, avoidance of liability for negligence S2(1) for a void clause on personal injury (refer to lecture 7C, slide 5). form valid conclusion (need to draw assumption from analysis).