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Unformatted text preview: s not materially affected by the defect). In addition, apart from missing his
lessons at SMU for 2 days, Mark (a very enterprising student) had to forego giving
private tuition on one of the days to a rich secondary school student (for which he
would have been paid $300 per session) as well as forgo a business meeting with a top
local businessman from whom he could have clinched an important business deal.
Despite what has happened, Mark would still like to drive his BMW car. He has now
come to you for advice. He wants to know whether he has any cause of action against
Justin and whether Justin may avail himself of any defences. Question 2A [20 marks]
Ah Teck, a sole-proprietor, runs a small provision shop in Bishan under the name and
style of “Ah Teck Trading Enterprise”. His shop basically sells dried foodstuff and
household items which cater well to the needs of the housing board community. To
help him run the business, Ah Teck employed 2 rather poorly-paid employees named
Paul and Ronnie.
Housed on the ground floor of an HDB flat, Ah Teck’s provision shop is
understandably small in size. To make matters worse, Ah Teck has a habit of
stocking up his shop with large quantities of foodstuff and household items, as he
strongly believes in customer satisfaction and in delivering good customer service.
Paul and Ronnie therefore have the unenviable task of stacking up huge and heavy
boxes of foodstuff on top of one another on the high shelves within the shop. They
have often complained to Ah Teck about the safety implications of such a practice but
each time, Ah Teck dismisses their concerns with the usual phrase: “No choice! There
is no space in this shop, just do as you are told!”. So life goes on for Paul and Ronnie
and the heavy boxes of foodstuff get piled higher and higher with each passing day.
One fine day, whilst Paul was doing a stock-take of goods on the lower shelves,
Ronnie accidentally bumped into him, and Paul, in turn, collided with the shelves.
The impact was so strong that it caused some of the boxes of f...
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- Spring '14