Commercial law assignment (Thant Zin Lwin CT-0295977).docx - 1.1 Commercial Law 2.1 Introduction The assignment discuss the validity of contract and

Commercial law assignment (Thant Zin Lwin CT-0295977).docx...

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1.1 Commercial Law 2.1 Introduction The assignment discuss the validity of contract and remedies available to the parties involved in the conflict under the influence of Singaporean civil law and its legal system. Alan, a student of “Kaplan Higher Education Academy”, KHEA, who got “credit” for the subject ”commercial law”, posted a post on his Facebook page to sell his commercial law textbook,” Introduction to Business Law in Singapore”, and an exercise book with notes for $200, on 1 Nov 2015. He stated in the post that he got “High Distinction” grade for the subject and demanded to be paid by 5 Nov 2015. Several disputes had been formed because quite a few parties wanted to buy the items and Alan exploited the situation for his personal benefit. The legal dispute involved Alan, Bernard, Damien, and Charleen. This assignment will discuss whether a contract was formed and to which parties is Alan liable for his actions. 3.1 About the case of Bernard v Alan Bernard, Alan’s Facebook friend, made a new offer which is to buy at $150 by posting on Alan’s wall on 2 Nov 2015. But Alan reject the offer on 3 Nov 2015 and said that the offer had been made by Damien. On the night of 3 Nov 2015, Bernard send $200 cash to Alan, which Alan received on 5 Nov 2015. It is considered that Allan had made an agreement with Bernard because he accepted and kept the money. On 7 Nov, 2015, Alan passed his original textbook only to Bernard excluding the exercise book which is promised in the invitation to treat. Later, Bernard found out that “Introduction to Business Law in Singapore” was issued free-of-charge by Kaplan Higher Education and he was very angry. 3.2 Identify the legal issues of Bernard v Alan There are two events in this case. The first event is Bernard made a new offer but Alan rejected it. So we must argue that whether Alan’s post on Facebook is an offer or an invitation to treat. The second event is Alan gave only his original text book after receiving $200, and said that notes are already in the textbook. Was a contract formed between Bernard and Alan? If so, did Alan breach the contract by not delivering the noted exercise book, which was promised in the invitation to treat? Was Alan guilty for selling Bernard the textbook, which is issued for free by Kaplan Higher Education Academy? Can Bernard claim damages for Alan mispresenting that he got “high distinction” grade? 3.3 Relevant Law and Application of the Law Base on “Social Media and Electronic Commerce Law” textbook, a post on social media to sell something is the same as an advertisement (Davidson, 2016). Regarding to a similar precedent case, Partridge v Crittenden (1968), Alan’s intention is to sell his own textbook and notebook which is quantitatively limited, and Alan didn’t promise to take responsible for not having enough stock("Advertisement was an invitation to treat, not an offer to sell", 2015). So, Alan’s post on Facebook is an advertisement, invitation to treat. And Alan have the right to reject Bernard’s offer. In the 2 nd event, a contract was formed between Bernard and Alan. First, the agreement was
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