Our first Class test and here are some photos to remind you of the horror on your faces. Anyway I hope you enjoyed the test and rest assured the test will be marked and you will get your results in due course. I received so many messages over the mail and phone asking of the test was open book and this puzzled me cause the course guide said it was open book and I distinctly mentioned in class that it was open book.
Test/Exams are a method by which we can assess your ability to understand the legal rules and apply the rules to given problems. Many students tend to look for practical solutions but in reality we are in fact searching for legal solutions. So whether A would succeed or not is not as material as what legal issues would assist him in succeeding. EG - There would be a contract of the acceptance was communicated. So A would have succeeded if the acceptance was communicated. The legal issue would therefore be whether the acceptance was communicated. And in assessing that issue, we must consider the legal rules on the communication of acceptance as may be laid down by Adams v Lindsell which gives us the rule on acceptance by post. Finding the legal issue is therefore the first obstacle in the test. Try search for the legal issues. In a given question there may be more than one legal issues - your task is to find them and then offer a solution base on the prevailing legal rules.
For the balance of the lesson, we spent time looking at the rules on consideration. Some of the rules that we looked at were as follows:-
- Rule that past consideration is not good consideration (Roscola v Thomas)
- Rule that consideration must move from the promisee (Tweedle v Atkinson)
- Rule that consideration must be sufficient
- Rule that performance of an existing public or private duty is not good consideration (Glassbrook Bros v Glamorgan CC, Stilk v Myrick)
- Rule that payment of lesser sum in satisfaction of a greater is not good consideration (Pinnels Case) and the equitable exception in High Trees. (promissory estoppel)
Finally we discussed the necessity that all contract must be coupled with an intention to contract and to differentiate between social domestic contract with commercial contracts.
Next lesson -we will start looking at Terms of a contract ie. what did parties agree upon.
Enjoy your week.
SK
Something that I wish i can share with the mass who are reading your blog. The current prescribed textbook for RMIT Commercial Law, I probably would find it difficult to read and sometimes even difficult to understand some points.
ReplyDeleteBy chance, I came upon this book from Ravi Chandran - Introduction to Business Law of Singapore (3rd Edition). It is a prescribed textbook of NUS. I read through and I find that cross reference with the prescribed textbook that we have, will helps alot in understanding more on the cases. Furthermore, there are additional cases that are mention in the Ravi Chandran book that never mention in our book.
In addition, I would like to point out that the Pinnel case and Foakes beer is not mentioned in the Ravi Chandran book. However, it is being mentioned indirectly. But as a book for cross reference, I believe, it will never goes wrong.
That's my 2 cents worth of opinion. Cheers to all!!!
hi. i'm from econs and finance (full time)class. just want to ask, when's the due date for the 30% assignment, its not written in learninghub though.
ReplyDeleteanyway, u're working in a corporate secretarial firm?
belle.
Good book as well. Any book is good as long as you are comfortable with it.
ReplyDelete