Tutor-Marked Assignment 01
TUTOR-MARKED ASSIGNMENT 01
This tutor-marked assignment is worth 40% of the final mark for GSP165 The Law and You.
The cut-off date for this assignment is 2355 hours on 8 February 2018.
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Submit your solution document in the form of a single MS Word file through Canvas on or
before the cut-off date shown above.
Additional instructions:
1. You will need to indicate clearly on the front page your name, student ID, course title and
assignment number.
2. You must document all information that you use from another source, or you will be
penalised severely. If you copy from the work of another student, regardless of the course
or programme, you will be severely penalised. You are required to submit this
assignment within the stipulated cut-off date. You are not permitted to re-use material
from past assignments whether in part or in full. All of the above actions can result in
your failing the TMA.
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Scope
In addition to lecture slides and notes provided in this course, you may wish to go through
cited textbook extracts referred to in the Study Guide for more in-depth understanding of the
topics covered in this assignment.
Please note that the number of words indicated are for guidance only.
There is no need to reproduce the tables or questions for multiple choice questions or
“True/False” type of questions. These questions also do not require any explanations for your
choices.
Question 1
An offer is an essential element required to make a valid contract. Please outline and explain
in your own words what an offer is. Please include in your explanation all matters related to
the concept of an offer, such as the ways in which an offer may be made, the duration (i.e.
how long it lasts and how it can be terminated) of offers, and matters that may appear to be an
offer but do not amount to an offer (in about 350 words). (25 marks)
Question 2
Extrapayne Pte Ltd (“Extrapayne”) wanted to build a swimming pool in its large plot of land.
Extrapayne asked Ino-cent Landscape Pte Ltd (“Ino”) if the latter could undertake the
construction of the swimming pool.
Ino agreed to construct it for a price of $150,000 payable in stages. The construction was to
be completed in 3 months. A contract was drawn up between the 2 parties.
Ino started the initial stages of the construction. Extrapayne paid for the stages that were
completed according to the contract.
However, after the initial stages were completed in 2 weeks, Ino did not keep to the schedule
of construction according to the contract. Ino wanted Extrapayne to pay for stages of
construction that were not yet done, claiming that it was facing cash flow issues, and needed
the payments to help it to pay its workers. Extrapayne paid a sum of $10,000 in advance to
help out with Ino’s internal issues.
However, Ino continuously delayed the construction because of its own internal issues. It also
did not carry out the works for the advance payment of $10,000.
Ino is now 6 weeks behind time. Extrapayne is very unhappy about the delay. Ino keeps
giving excuses for the delays. Extrapayne informed Ino that it would bring in substitute
contractors if it continued to delay, but Ino stated that if Extrapayne did that, then Ino would
consider that Extrapayne had breached the contract.
If Extrapayne were to call in a substitute contractor to take over the construction works and
try to complete the construction on time, it would have to pay a premium of about $80,000.
This is because it would involve extra manpower and overtime deployment of workers to
complete the works on time.
Extrapayne wants your opinion on what it can do. Please give your opinion in a logical
manner so that Extrapayne can follow your thought process. You may wish to structure your
answer as follows:
3.1 Which of the following are ways in which a contract may be discharged?
(A) Breach
(B) Frustration
(C) Performance
(D) All of the above
(E) None of the above ( )
3.2 Sarah makes a contract to sell Paul a rare sea conch. She then changes her mind.
Money will not be enough to compensate Paul. What remedy should he seek from the
court?
(A) Damages
(B) Declaration
(C) Specific performance
(D) Injunction
(E) Consequential Losses ( )
3.3 Bruce owns a very reputable brand name for clothes. Tim has manufactured cheap
clothes and used Bruce’s brand name on his cheap clothes, which will cause
irreparable damage to the goodwill of Bruce’s business. What remedy should Bruce
seek from the court against Tim?
(A) Damages
(B) Declaration
(C) Specific performance
(D) Injunction
(E) Consequential Losses ( )
3.5 Jackson breaches his contract to supply motorcycles to Rodney. Rodney can buy
motorcycles from Daniel instead, but they will cost more. What should Rodney do?
(A) Rodney should not buy from Daniel, and claim full damages from Jackson.
(B) Rodney should mitigate his loss by buying from Daniel.
(C) Rodney should treat the contract as frustrated.
(D) Rodney should seek an injunction against Jackson.
(E) Rodney should seek an injunction against Daniel. ( )
3.6 Kathy tells David, "I would like to buy a sports car exactly like your sports car". Her
statement is:
(A) An offer
(B) An intention to create legal relations
(C) An invitation to treat
(D) A casual comment
(E) An acceptance ( )
3.7 Sunny bought a gold chain from Joy Jewellery Store. He gave it to his sister, Kaira, as
a birthday gift. Kaira discovers that the chain is an imitation chain and not a gold
chain. Which of the following statements about the situation is true?
3.8 Mr. Sai is a successful businessman whose daughter, Milo, was kidnapped. Kris, who
heard Milo's cries for help, rescued the child. In gratitude, Mr. Sai promised Kris a $1
million reward. Which of the following statements about the above situation is
correct?
(A) Mr Sai’s promise was not enforceable in Court as the rescue was past
consideration.
(B) There is no valid contract, as there was no consideration.
(C) Kris could not recover the promised reward from Milo, even though she was
the one he rescued.
(D) All of the above.
(E) None of the above. ( )
3.9 Andrea contracted to rent her flat to Ah Seng every weekend for the purposes of
punting and unlicensed gambling activities. If Ah Seng fails to pay the rent, Andrea
wants to know which of the following are true:-
(A) Andrea’s contract was void as it was for illegal purposes, and, therefore, she
could not sue to recover any unpaid rent from Ah Seng.
(B) Andrea’s contract was valid, and she could sue to recover her rent.
(C) Ah Seng did not provide sufficient consideration for the contract.
(D) All of the above.
(E) None of the above. ( )
Question 4
William was awarded a contract to manufacture a sofa set for the Royal Palace. He was very
excited, because this was the first royal contract that he managed to clinch. If he performed
well, he would be awarded a second, bigger contract worth $1 million, which would give him
a profit of S$90,000!
William ordered the materials needed for his manufacturing process from Harry. When he
made his orders with Harry, William informed him that they were needed for a very
important contract, and that he would secure a future contract worth $1 million if he managed
to deliver on this contract.
However, Harry defaulted, and William had to scramble to get the materials from another
supplier at a cost of 30% more. The last-minute default by Harry also caused William to be
delayed in fulfilling his contract. Therefore, he lost the opportunity to be awarded the second
contract.
In your own words and applying what you have learnt in this course, explain what remedies
William would be able to get from Harry in a court of law.
(20 marks)
Guidance Notes
1. Submit your assignment in the form of a single MS Word file on or before the cut-off
date shown above.
5. The best answers to this TMA will be the ones that offer original, thoughtful ideas and
arguments.
6. You must use proper referencing and citation formats, where necessary.