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Unformatted text preview: d to a breach of condition. That being the case, Koh as the
aggrieved party has no other choice but to terminate the contract immediately and
make other alternative arrangements. Instead, Koh chose to sit by and not take any
action. I am therefore of the view that Koh has failed to mitigate his loss.
Indeed, this is a most unfortunate case. I feel extremely sorry for poor old Koh but
his misfortune was brought about largely by his poor judgment of the plaintiff’s
character. I would expect a man of his age to have known better.” Koh Lian, saddened by Justice Jin Gek Sim’s decision, has now come to you for
advice. He would like to know if he has any grounds for appeal.
(Note: you do NOT have to discuss issues pertaining to Undue Influence) -3- LGST101 Question 2A [15 marks]
Yum Yum, a sole proprietor and a well-known manufacturer of yoghurt products in
Singapore, recently discovered a special recipe for the making of ice cream yoghurt.
Intending to put this new product on the market, Yum Yum decided to give it the eyecatching name “I SCREAM yoghurt”. He further instructed his lawyers to file a trade
mark application for the name “I SCREAM yoghurt” with the Intellectual Property
Office of Singapore (IPOS). Unknown to Yum Yum, his long-time rival, Fat Soh,
had earlier filed a Singapore trade mark application for the mark “Scream Yoghurt
Scream” covering yoghurt and yoghurt products. Fat Soh’s trade mark application,
filed some 6 months before Yum Yum’s, is still pending at IPOS.
When Fat Soh got wind of Yum Yum’s new ice cream yoghurt product and of i...
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This document was uploaded on 04/07/2014.
- Spring '14