chwee kin keong v digilandmall high court

- See also Balfour v. Balfour (1919). 136 First, it was suggested that no contracts had been formed as all the contracts were subject to availability and that a failure to adhere to the directive call to enquire prevented the contracts from coming into existence. 101 RSS Intellectual Property Office of Singapore Expand/Collapse. Normally the contract is only concluded when the acceptance is communicated by the offeree to the offeror. He is currently self-employed and is intimately involved in the multi-level marketing sales of aromatherapy products under the Bel-Air label. To that extent, his evidence that he subsequently dismissed the notion altogether is unacceptable. Ltd} has the makings of a student's classic for several rea sons: it presents a textbook example of offer and acceptance; it is set in the context The case of, The offer was wrongly expressed, and the defendants by their evidence, and by the correspondence, have satisfied me that the plaintiff, 116 The term snapping up was aptly coined by JamesLJ in, 117 It should be emphasised that this stream of authority is consistently recognised by all the major common law jurisdictions. We are, Our conclusion is that it is impossible to reconcile, In this case we have heard full argument, which has provided what we believe has been the first opportunity in this court for a full and mature consideration of the relation between, 129 The careful analysis of case law undertaken by that court yields a cogent and forceful argument that Lord DenningMR was plainly attempting to side-step, 130 It can be persuasively argued that given (a)the historical pedigree of the cases, (b)the dictates of certainty and predictability in the business community and (c)the general acceptance of the existence of distinct common law rules, it is preferable not to conflate these concepts. Looking for a flexible role? From time to time there will be cases where this is an overriding consideration. A typical but not essential defining characteristic of conduct of this nature is the haste or urgency with which the non-mistaken party seeks to conclude a contract; the haste is induced by a latent anxiety that the mistaken party may learn of the error and as a result correct the error or change its mind about entering into the contract. The pleadings, in such instances, merely formalise what is already before the court. They are tainted and unenforceable. Document Citado por Relacionados. The brief will discuss whether a tort of invasion of privacy should be developed by the courts. 38 The second plaintiff came across as intelligent and resourceful. He offered no plausible explanation for the series of orders which he placed while he was in communication with the other plaintiffs, other than stating audaciously that he had to buy a lot to sell a lot, to get a lot. Contract Formation and Mistake in Cyberspace - the Singapore Experience 20 Annexed to this e-mail was the first plaintiffs earlier mass e-mail. In Associated Japanese Bank (International) Ltd v Credit du NordSA [1989] 1 WLR 255 at 266, Lord DenningMRs views were doubted and described as reflecting an individual opinion by SteynJ (as he then was). 26 It is clear from the priority status accorded to the e-mail that the first plaintiff was sharing his knowledge of a good deal. Needless to say, he could not satisfactorily explain why his previous solicitors had formed such a view when preparing his affidavit and why he had affirmed the same. 146 A purchaser in a case of apparent unilateral mistake, who purchases for genuine own use a product, may not always be viewed as guilty of engaging in snapping up. It can be persuasively argued that e-mails involving transactions embraced by the Convention are only effective on reaching the recipient. There were no such discussions with potential buyers. 102 Inevitably mistakes will occur in the course of electronic transmissions. Desmond: 13/01/20 01:25 I think one of the wrong posted price, Scorpio: 13/01/20 01:25 damn dont tell me they realised their error already, Scorpio: 13/01/20 01:32 shiok can make a quick profit by selling them cheap shd buy more. six plaintiffs ordered 1,606 printers. In the eyes of Singapore law, purported contracts entered into in similar circumstances are void ab initio. The issue could be critical where third party rights are in issue as in Shogun. They were high-end commercial laser printers. In a physical sale, the merchant can immediately turn down an offer to purchase a product that has been advertised; otherwise he may be inundated with offers he cannot justify. Notwithstanding some real differences with posting, it could be argued cogently that the postal rule should apply to e-mail acceptances; in other words, that the acceptance is made the instant the offer is sent. This is not a case about bargain hunting which is a time honoured and perfectly legitimate pursuit. Parties Chwee Kin Keong & Others v. Digilandmall.com Pte Ltd. Decision date 12/04/2004. 131 In a number of cases, including the present, it may not really matter which view is preferred. Certainty in commercial transactions should not be trifled with, as this will inevitably affect how commercial and business exchanges are respected and effected. 50 Ow Eng Hwee, 29 years old, is another network marketing entrepreneur. As part of its business, it operates a website owned by Hewlett Packard (HP) at http://www.buyhp.com.sg (the HP website) where only HP products are sold. Counsel however contends that even if this e-mail were to be read literally, this should not affect the first plaintiffs own purchase that had taken place an hour earlier. In the final stage of the process, after the payment mode was indicated, each of the plaintiffs was notified successful transaction your order and payment transaction has been processed. , In unilateral mistake, only one of the parties is mistaken. He claims visiting, 62 Like the second plaintiff, the fifth plaintiff played a pivotal role in the events leading to these proceedings. The Question about Validity of Postal Rule - lawteacher.net Claiming he was in a light-hearted kind of mood during his ICQ (acronym for I-Seek-You) conversation with Desmond, he insisted that this conversation should be taken neither seriously nor literally. Consideration was less than executory and non-existent. Chwee Kin Keong v Digilandmall.com Pte Ltd [2005] 1 SLR 502: [2005] SGCA 2 Context: This Case deals with the issue of unilateral mistake. This short but highly significant e-mail reads: Subject: IMPT HP Colour LaserJet going at only $66!! This provision acknowledges that the essential framework of an electronic contract needs to be considered in the usual manner; in other words, principles of contract formation, consideration, terms and conditions, choice of law and jurisdictional issues need to be examined. When pressed as to whether he visited other websites, he said he could not confirm that one way or the other. If this rule applies to international sales, is it sensible to have a different rule for domestic sales? Introduction The decision of V.K. ThompsonJ of the Ontario High Court applied Hartog v Colin & Shields ([115] supra) and held that the parties were not ad idem and found that no contract had been formed. He was amicus curiae to the Court of Appeal of Singapore in the case of Chwee Kin Keong & Ors v Digilandmall.com Pte Ltd, the leading Singapore case on unilateral mistake in the digital environment. A real product number HP9660A was inserted in the new template as the prototype for which fictional prices were to be changed on the three relevant websites. The defendant, Digilandmall.com Pte Ltd, were an online IT company that sold related software and hardware from Singapore. Ltd.1 has the makings of a student's classic for several reasons: it presents a textbook . Chwee Kin Keong and Others v Pte Ltd PDF fileChwee Kin The essence is not so much in the nature of the amendment but rather in the consequences flowing from any amendment to the pleadings. 3. Delivery was merely a timing issue. The marrow of contractual relationships should be the parties intention to create a legal relationship. 14 The first, second and fourth plaintiffs became acquainted with each other when they studied at the Nanyang Technological University (NTU). He has common business interests with the first, third and fourth plaintiffs. Unfortunately, they mistakenly offered the price at so much per pound in place of so much per piece. He is also described as the sole proprietor and manager of two other businesses that provide business support and consultancy. Alternatively, knowledge may be readily inferred from what would be regarded as commonly known or notorious facts in the context of the transaction. After hearing their evidence, observing them and considering the submissions made on their behalf, there was no doubt in my mind that they were fully conscious that an unfortunate and egregious mistake had indeed been made by the defendant. 4, 1971, p. 331. 49 Tan Cheng Pengs brief evidence did not really assist the third plaintiff. 7191 RSS High Court Expand/Collapse. As part of its business, it operates a website owned by Hewlett Packard (HP) at, 16 When the first plaintiff eventually succeeded in accessing the HP website, he immediately placed an order for 100 laser printers at about, 17 Having called the second and third plaintiffs at about. In other words, he really wanted to ascertain the true price of the laser printer. While this is the general principle for shop displays, it is open to a merchant to offer by way of an advertisement the mechanics of a unilateral or bilateral contract. Chwee Kin Keong vs Digilandmall.com The price of the laser printer, prior to 3.36pm on 8January 2003, was stipulated as $3,854 (exclusive of GST) on both the Digilandmall and HP websites (the websites), and as $3,448 on the Digiland commerce website. The later the amendment, the greater the adverse consequences. [2005] 1 SLR (R) Chwee Kin Keong v Digilandmall.com Pte Ltd 507 printers. 1.47K subscribers Chwee Kin Keong v Digilandmall.com Pte Ltd [2005] Facts The defendant, Digilandmall.com Pte Ltd, were an online IT company that sold related software and hardware from. Because it was simply a matter of time before the error would inevitably be noticed and the pricing inevitably corrected. (See for example the approach in, 142 The plaintiffs were bound by personal relationships as well as past and present common commercial interests. A court is not likely to take a sympathetic view of such manner of amendment. The other school of thought views the approach outlined earlier with considerable scepticism. The first plaintiffs purchase took place soon after the ICQ conversation with Desmond where Desmond had in no uncertain terms pitched the price of the laser printer between $3,000 to $4,000. COOKE v OXLEY (1790) 3 T. R. 653. Article24 of the Convention states: For the purposes of this Part of the Convention, an offer, declaration of acceptance or any other indication of intention reaches the addressee when it is made orally to him or delivered by any other means to him personally, to his place of business or mailing address or, if he does not have a place of business or mailing address, to his habitual residence. The plaintiffs orders were processed by the defendants automated system and confirmation notes were automatically despatched to the plaintiffs within a few minutes. A contract is normally concluded when an offer made by one party (the offeror) is accepted by the party to whom the offer has been made (the offeree). The first, second and third plaintiffs have been friends for a long time and are bound by common business interests. Court Judgement chwee kin keong and others digilandmall.com pte ltd slr sghc 71 suit no: suit decision 12 apr 2004 date: court: coram: counsel: high court rajah Skip to document Ask an Expert Sign inRegister Sign inRegister Home Ask an ExpertNew My Library Discovery Institutions London School of Business and Finance SAA Global Education It should be noted that while the common law jurisdictions continue to wrestle over this vexed issue, most civil law jurisdictions lean towards the recipient rule. As a lawyer, he appears to have been indispensable in the plaintiffs attempts to hold the defendant to the bargain. 85 Having stated the general rule, it is imperative that the rationale underlying this approach be understood. 18 He said he later conducted some searches using the Google search engine and ascertained that the laser printer could be sold at about US$1,300 in certain markets. No cash had been collected. The most recent and authoritative pronouncement in this area (per Lord Phillips of Worth Matravers in Shogun Finance Ltd v Hudson [2003] 3 WLR 1371 at [123]) states: A contract is normally concluded when an offer made by one party (the offeror) is accepted by the party to whom the offer has been made (the offeree). 121 While my views here are not central to my decision, the plaintiffs have adverted to this relationship in a misguided attempt to derail the defence on an arid pleading technicality. This is much closer to the truth than the picture he has tried to paint in these proceedings. Chwee Kin Keong v Digilandmall Pte Ltd - LawTeacher.net 86 In cases where the facts raised in the proposed amendments have been addressed during the evidence and submissions and, particularly, where the opposing side has also had an opportunity to address the very same points, there can hardly ever be any real prejudice. Thus the task of ascertaining whether the parties have reached agreement as to the terms of a contract can involve quite a complex amalgam of the objective and the subjective and involve the application of a principle that bears close comparison with the doctrine of estoppel. Do you have a 2:1 degree or higher? The plaintiffs were not being candid when they portrayed very limited exchanges between themselves, dealing allegedly with only the profits to be made and their ability to resell the laser printers. Gill & Duffus Landauer Ltd v London Export Corp GmbH [1982] 2 Lloyd's Rep. 627. This constituted more than a quarter of the total number of laser printers ordered. 56 He vacillated throughout his evidence between a propensity to embellish his evidence on the one hand and to hold back on the other.

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