Monday, December 08, 2008
The highest Court of Law in Singapore is called Court of Appeal. It exercises appellate jurisdiction which means dealing with appeals from cases of High Court. Decisions made by Court of Appeal is final and there would not be further appeals that could be made. Both Court of Appeal and High Court deals with claims of more than $250000.
The next highest Court of Law is called High Court. High Court exercises both appellate and original jurisdiction. High Court deals with appeal cases from Subordinate Courts and can hear cases on any matter for the first time.
The next highest Court of Law is called Subordinate Courts. Subordinate Courts consists of District Court, Magistrates' Court, Coroners' Court, Family Court, Juvenile Court and Tribunal for Small Claims. Both District Court and Magistrates' Court deals with claims of up to $150000 and $60000 respectively. Coroners' Court deals with cases concerning death of a person. Juvenile Court deals with cases of juvenile abuse and juvenile offenders. Tribunal for Small Claims deals with claims of up to $10000.
The next highest Court of Law is called High Court. High Court exercises both appellate and original jurisdiction. High Court deals with appeal cases from Subordinate Courts and can hear cases on any matter for the first time.
The next highest Court of Law is called Subordinate Courts. Subordinate Courts consists of District Court, Magistrates' Court, Coroners' Court, Family Court, Juvenile Court and Tribunal for Small Claims. Both District Court and Magistrates' Court deals with claims of up to $150000 and $60000 respectively. Coroners' Court deals with cases concerning death of a person. Juvenile Court deals with cases of juvenile abuse and juvenile offenders. Tribunal for Small Claims deals with claims of up to $10000.
Labels: Coporate and Business Law, F4
what we could have been, 8:01 PM.
Saturday, December 06, 2008
Third Party may enforce his rights to the contract if:
1) The third party has communicated his assent by word or by conduct (he has already started to carry out his contractual obligations).
2) Promisor has already known about reliance.
3) Promisor can reasonably ascertain third party has relied on the contract.
This is also subjected to exceptions:
1) Third party's whereabouts are unknown.
2) Third Party is mentally incapable.
3) Promisor cannot reasonably ascertain whether he has relied on the contract or not.
Promisor on the other hand may subject himself to certain defense:
1) Terms of contract provides that he can.
2) Liability arises from contract and relevant to the terms of contract.
3) Terms that promisor use against or for promisee, he can use against or for on third party.
4) Prevent double liability from third party as well as promisee. If promisee have claimed damages from third party, the court may prevent promisee from claiming damages from promisor or reduce the amount of damages claimable.
Hope this is useful to you!
1) The third party has communicated his assent by word or by conduct (he has already started to carry out his contractual obligations).
2) Promisor has already known about reliance.
3) Promisor can reasonably ascertain third party has relied on the contract.
This is also subjected to exceptions:
1) Third party's whereabouts are unknown.
2) Third Party is mentally incapable.
3) Promisor cannot reasonably ascertain whether he has relied on the contract or not.
Promisor on the other hand may subject himself to certain defense:
1) Terms of contract provides that he can.
2) Liability arises from contract and relevant to the terms of contract.
3) Terms that promisor use against or for promisee, he can use against or for on third party.
4) Prevent double liability from third party as well as promisee. If promisee have claimed damages from third party, the court may prevent promisee from claiming damages from promisor or reduce the amount of damages claimable.
Hope this is useful to you!
what we could have been, 10:44 PM.
Friday, December 05, 2008
Under Privity of Contract, only parties to the contract may sue on the contract. In Beswick and Beswick, although the widow confers a benefit from the contract, she does not give any consideration to make the contract enforceable. Therefore, she could not sue on the contract. She has to sue on behalf of her husband in order to suceed in the case. However, under Common Law, there are exceptions:
1) Principal sue on the contract entered by the agent. The agent acts on behalf of the principal to enter into the contract, therefore, essentially, the contract is between the principal and third party. However, if the principal do not communicate that he is acting on behalf of the contract or acting out of his authority, the contract is not enforceable by any parties.
2) The rights to sue the contract is transferred to third party. Therefore, the third party may sue on the contract. However it is subjected to all parties' consent.
3) Seller of goods may sue on the letter issued by the bank for buyer of goods. Although the letter is a contract between buyer and bank, seller may sue on the contract.
Rights of Third Party
Third Party can enforce a contract if
1) The contract states that he can eg. he is expressedly identified in the contract as an individual, class of people or based on description.
2) He confers a benefit from the contract.
1) Principal sue on the contract entered by the agent. The agent acts on behalf of the principal to enter into the contract, therefore, essentially, the contract is between the principal and third party. However, if the principal do not communicate that he is acting on behalf of the contract or acting out of his authority, the contract is not enforceable by any parties.
2) The rights to sue the contract is transferred to third party. Therefore, the third party may sue on the contract. However it is subjected to all parties' consent.
3) Seller of goods may sue on the letter issued by the bank for buyer of goods. Although the letter is a contract between buyer and bank, seller may sue on the contract.
Rights of Third Party
Third Party can enforce a contract if
1) The contract states that he can eg. he is expressedly identified in the contract as an individual, class of people or based on description.
2) He confers a benefit from the contract.
Labels: Coporate and Business Law, F4
what we could have been, 9:47 PM.
Thursday, December 04, 2008
I had just recently attempt for F4 Contract, Corporate and Business Law and F8 Audit and Assurance papers. Both are not easy paper. I was required to write non-stop and I had no time to actually think about the questions and analyze them. Hopefully, I could pass my paper. In the meantime, I will post a few articles relating to corporate that is done by me. You may want to look at them but this is subjected only for reading purposes, not to prepare you for exams. This is because some exams may have different aspects to the questions and not all are relevant to what I write. Furthermore, the law may change too so, for those who want to read law, you may do so. I would begin as soon as time permits. In the meantime, I had change my old fashion look on my blog to a fresh simple design blog so that people would not be confuse navigating my blog. For those who are my friends, I left with 2 to 3 more months before I orded and got out of the mess~!
what we could have been, 8:19 PM.
