Sam Pearson Robin Hoods Bay, Axis Tool For Cross Sectional Studies, Danganronpa Time Travel Fanfiction, Vic Lombardi Family, Articles C

The e-mails had all the characteristics of an unequivocal acceptance. The case went before both the High Court and the Court of Appeal. Looking for a flexible role? The amounts ordered and the hurried and hasty manner in which the orders were executed are of cardinal importance. In such cases, it would be unconscionable to enforce the bargain and equity will set aside the contract. The very foundations of predictability, certainty and efficacy, underpinning contractual dealings, will be undermined if the law and/or equity expands the scope of the mistake exception with alacrity or uncertainty. This is a matter perhaps best left to law reform rather than to incremental judge-made law which may sow the seeds of confusion and harvest the returns of uncertainty. Section13 of the ETA deems that a message by a partys automated computer system originates from the party itself. 46 He was therefore aware, even before he made his first purchase, that the actual price of the laser printer was in the region of US$2,000. The evidence incontrovertibly indicates that the first plaintiff himself entertained this view for the entire period he was in communication with the second and third plaintiffs. Having said that, this exception must always be prudently invoked and judiciously applied; the exiguous scope of this exception is necessary to give the commercial community confidence that commercial transactions will almost invariably be honoured when all the objective contractual indicia are satisfied. The court found that parties when . Scorpio: 13/01/20 01:25 ok but how come got such a good deal? The most that the court can do in these circumstances is to refuse E [the other party, who wants the contract held void] specific performance, which lies in the discretion of the court and will probably be refused where E has been guilty of some degree of sharp practice. 327. Caveat emptor remains a cornerstone of the law of contract and business relationships. Again he attempted to minimise the impact of these observations by saying his subsequent searches erased all such doubts. In the final analysis, it would appear that the likely existence of an internal error in pricing was clearly within his contemplation. COOKE v OXLEY (1790) 3 T. R. 653. Plaintiffs counsel indicated that they wanted to further particularise the sixth plaintiffs purchase orders. Free resources to assist you with your legal studies! They assumed that to be the position. 24 While the first plaintiff conceded that he had communicated to the second and third plaintiffs the existence of a good deal, he maintained he did not discuss the possibility of the pricing being a mistake. 50 Ow Eng Hwee, 29 years old, is another network marketing entrepreneur. . Chwee Kin Keong vs Digilandmall.com The elements of an offer and acceptance are, 139 Next, the defendant contends that no consideration passed from the plaintiffs to them. - This is also the position as regards friends: see Coward v. MIB (1963). CHWEE KIN KEONG and Others v DIGILANDMALL.COM Pte Ltd (2004) 2 SLR 594. It may be impractical and unjust to demand that the mistaken party actually prove the knowledge of a substantial number of people who effect numerous purchases. Chwee Kin Keong and Others v Digilandmall.com Pte Ltd, Whether amendment of particulars of pleadings at conclusion of submissions allowed, Facts raised in proposed amendments addressed during trial and submissions, Whether promise by buyer to pay for goods, in exchange for delivery of goods, constituted sufficient consideration, Electronic Transactions Act (Cap 88, 1999 Rev Ed), Whether automated e-mail responses from seller amounted to acceptance of buyer's offer, Seller's unilateral mistake as to price of goods posted on website, Whether online buyer entitled to enforce contract against seller, 3 All six plaintiffs are graduates, conversant with the usage of the Internet and its practices and endowed with more than an adequate understanding of business and commercial practices. Desmond: 13/01/20 01:43 coz the HP laser colour printer sells for at least 3 to 4k outside, Desmond 13/01/20 01:44 from US I heard is about USD 2k, Desmond 13/01/20 01:44 its HP and Laser and Coloured. If he was prepared to commit this view in writing to a larger circle of 54 friends and business associates, 47 Not content with making his own purchases, he woke up his brother and transacted 330 units on his behalf. Often the essence of good business is the use of superior knowledge. In fact, he and the fourth plaintiff have jointly conceptualised and implemented an Internet-related business. The other school of thought views the approach outlined earlier with considerable scepticism. Inflexible and mechanical rules lead to injustice. 53 He claimed that seeing the same price on the Digilandmall website confirmed his view that there had been no mistake. It is pertinent to note that she placed orders for 32 laser printers including 20 units she ordered on behalf of her sister. He opted to pay for all his purchases by cash on delivery. . The essence of snapping up lies in taking advantage of a known or perceived error in circumstances which ineluctably suggest knowledge of the error. Mutual promises, by all accounts, on the basis of existing case law, more than amply constitute consideration. The issue in this case was whether the pricing was a mistake and if the contract would be fulfilled. Consideration was less than executory and non-existent. In doing so, they appear to have also conflated equitable and common law concepts. The ETA is essentially permissive. The first issue dealt with references made by the plaintiffs to certain embargoed material. This pricing was a mistake, which was fundamental to the contract and the complainants must have known that this absurdly low pricing was an error by the defendants. 139 Next, the defendant contends that no consideration passed from the plaintiffs to them. A contract will not be concluded unless the parties are agreed as to its material terms. 90 After leave was granted to amend the defence, each of the plaintiffs filed a further short affidavit refuting knowledge of the mistake relating to pricing. 30 Tan Wei Teck is 30 years old. 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. Upon accessing the Digilandmall website and confirming that the printer was offered there at $66 as well, he placed a further order for 25 laser printers through that website at about 3.29am. [emphasis added]. Litigation Singapore Lawyer, Doris Chia - David Lim & Partners LLP The marrow of contractual relationships should be the parties intention to create a legal relationship. 2. V K Rajah JC. His girlfriend, Tan Cheng Peng, is also a director and shareholder of the company in which he has a stakeholding with the first and second plaintiffs. Evidence was given that if phone calls were indeed placed, they would from time to time limit the number of sales. 141 In so far as the sixth plaintiff is concerned, I emphasise that his knowledge and/or conduct of should be equated with that of the third plaintiff. Why? 29 The first plaintiff struck me as an opportunistic entrepreneur. He was also involved in initiating the Channel NewsAsia report (see [78] and [79] infra). It seems to me that he was trying to tailor his evidence to fit neatly within the legal parameters of the plaintiffs case. Kiat Boon, Daniel SENG - NUS Law Others do not. 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. I granted leave to both parties to file applications to amend the pleadings. 2 [2004] 2 SLR 594 ("the Digilandmall case") (The decision was very recently affirmed by the Singapore Court of Appeal in Chwee Kin Keong v Digilandmall.com Pte Ltd [2005] SGCA 2, albeit on somewhat different grounds and where the focus was on the law of unilateral mistake rather than formation of contract.)]. Interestingly, Desmond also remarked to the first plaintiff that he wasnt greedy before I tok to u. Nor should parties regard pleadings as assuming an amoeba-like nature, susceptible to constant reshaping. FEATURE - Law Gazette In Chwee Kin Keong v Digilandmall.com Pte Ltd, the Singapore Court of Appeal was asked to consider if the decision in Great Peace Shipping also had the effect of excluding equity's jurisdiction . It has been pointed out that the pedigree of these decisions is dubious, to say the least (see [128] and [129] infra). 3. There is however much to be said in favour of rationalising the law of mistake under a single doctrine incorporating the best elements of common law and equity. The knowledge that the offer is not meant according to its literal terms simply displaces the objective theory of contract. Most telling of all, I note that the first to fifth plaintiffs exhibited identical reports in each of their affidavits without any qualification whatsoever. 82 The plaintiffs strenuously opposed the defendants amendments principally on the ground it was made at a late juncture. In the Singapore context a similar approach has been adopted by the Court of Appeal in, 105 It is not only reasonable but right that the objective appearance of a contract should not operate in favour of a party who is aware, in the eyes of the law, of the true state of affairs when, for instance, there is real misapprehension on the part of the mistaken party and when the actual reality of the situation is starkly obvious. 134 It is not really in issue that contracts can be effectively concluded over the Internet and that programmed computers sending out automated responses can bind the sender. As for the common law on unilateral mistake, it is claimed that the acid test for its application is not satisfied. Yet in other aspects, he could recollect, with crystal clear precision and clarity, details of what had transpired. Palm tree justice will only serve to inject uncertainty into the law. 99 Like the somewhat arbitrary selection of the postal rule for ordinary mail, in the ultimate analysis, a default rule should be implemented for certainty, while accepting that such a rule should be applied flexibly to minimise unjustness. This is one of the first prominent case that deals with the issue of web based contract. There are many different shades of sharp practice or impropriety. As the Channel NewsAsia report so succinctly summarised they saw a great opportunity and grabbed it. The caption in each of the e-mails Successful Purchase Confirmation from HP online says it all. The same view is echoed in Halsburys Laws of Singapore vol7 (Butterworths Asia, 2000) at [80.164]. The evidence incontrovertibly indicates that the first plaintiff himself entertained this view for the entire period he was in communication with the second and third plaintiffs. He is currently employed as an accountant in an accounting firm, Ernst & Young. There are in this connection two schools of thought. 116 The term snapping up was aptly coined by JamesLJ in Tamplin v James (1880) 15ChD 215 at 221. Having noted all this, I am nevertheless inclined towards the views expressed in the Great Peace Shipping case for the reasons articulated by Lord PhillipsMR. 155 The Internet has revolutionised commerce and radically altered the manner in which commercial interaction currently takes place. As such, I would strongly appeal to you to reconsider your decision. Certain Internet service providers provide the technology to inform a sender that a message has not been properly routed. He would make some basic enquiries to ascertain whether there is anything faulty with the product in an attempt to seek an explanation for or understanding of the basis for the price discrepancy; he might alternatively try and ascertain whether perhaps the price differential is part of some spectacular promotional exercise. But it is difficult to see how that can apply here. The fourth plaintiffs single transaction with the Digilandmall website was confirmed by a similar automated response stating Successful Purchase Confirmation from Digilandmall. Scorpio: 13/01/20 01:43 yeah man whats the original price? There was also no indication that the product was being sold on promotion. . The issue could be critical where third party rights are in issue as in Shogun. So its going to be our reputation at stake, we thought we had a successful transaction.. ! with its importance set at high. 17 Having called the second and third plaintiffs at about 2.00am, the first plaintiff also sent them, via e-mail, a weblink of the relevant HP website pages. His Internet research alone would have confirmed that. 25 The mass e-mail at 2.58am is cursorily dismissed by counsel for the plaintiffs as poor use of language that ought not to be taken literally in light of the early hours of the morning. 80 Upon the conclusion of submissions, I directed counsel to appear before me. 125 The principal source of this view has been Lord DenningMR. 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. That said, it also offers new avenues of evidential proof offering intimate insights into realtime thought processes and reactions. 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. Altogether he sought to purchase 760 units, the largest number of orders placed by anyone between 8 and 13January 2003. This is essentially a matter of language and intention, objectively ascertained. He acknowledged having had conversations with the other plaintiffs about how much money we can sell the printer and how much we can make and about storage space as well as how many units we intend to buy. No rights can pass to third parties. Chwee Kin Keong v Digilandmall.com Pte Ltd Case No.s Suit 202/2003/E (for the first instance), CA/30/2004 (for the appeal) Name and level of courts High Court of Singapore(at first instance), Singapore Court of Appeal Member of courts VK Rajah, JC (for the first instance), Chao Hick Tin JA, Kan Ting Chiu J, Yong Pung How CJ [emphasis added]. In terms of chronological sequence, the initial page accessed was the shopping cart, followed by checkout-order particulars, checkout-order confirmation, check-out payment details and payment whether by cash on delivery or by credit card. 111 In Chwee Kin Keong v Digilandmall.com Pte Ltd [2005] 1 SLR(R) 502 ("Chwee Kin Keong"), this court said at [101]: Under O 20 r 5(1) of the Rules of Court (Cap 322, R 5, 2004 Rev Ed), the court may grant leave to amend a pleading at any stage of the proceedings. It argues that the decision is both fair and economically grounded, and proposes an alternative view to that offered by classical contract law - one that sees fairness intertwined It appears that he was also in touch with the fifth plaintiff as evidenced by an e-mail sent later that morning by the fifth plaintiff to both him and the second plaintiff containing research on what companies who had made similar Internet errors did. He also called the first plaintiff to see if the latter had managed to successfully complete his purchase. Daniel was previously a partner and head of the technology practice at Messrs Rajah & Tann. 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. It is therefore incumbent on the web merchant to protect himself, as he has both the means to do so and knowledge relating to the availability of any product that is being marketed. If anything, certain portions of the affidavits raised even more doubts about the plaintiffs credibility. In the Singapore context a similar approach has been adopted by the Court of Appeal in Aircharter World Pte Ltd v Kontena Nasional Bhd [1999] 3 SLR 1 at [30] and [31], and Projection Pte Ltd v The Tai Ping Insurance Co Ltd [2001] 2 SLR 399 at [15]. 42 Mark Yeow Kinn Keong has a Bachelor of Science (Economics) degree from the University of London. The other school of thought views the approach outlined earlier with considerable scepticism. The Instantaneous Transmission of Acceptances. Desmond intimated that the defendant would give vouchers or special deals as a matter of equitable compensation should it not honour the purchase orders. The rules of offer and acceptance are satisfied and the parties are of one mind. Forming an Agreement, Offer and Acceptance Flashcards | Quizlet There is however much to be said in favour of rationalising the law of mistake under a single doctrine incorporating the best elements of common law and equity. 143 The stark gaping difference between the price posting and the market price of the laser printer would have made it obvious to any objective person that something was seriously amiss. Not all one-sided transactions or bargains are improper. . reference was made by the court to "fraud or a very high degree of misconduct" before the non- mistaken party could be . I categorically reject their evidence in so far as it attempts to hermetically compartmentalise their knowledge and discussions. Case name. Case law chwee kin keong v digilandmallcom pte ltd. School Nanyang Technological University; Course Title ACC 1301; Uploaded By saint_huimin. In this case, Defendant was selling IT products over internet in Singapore. In such cases, where the purchaser has readily accessible means from the very same computer screen, to ascertain through a simple search whether a mistake has taken place, the onus could be upon him to exonerate himself of imputed knowledge of the mistake. Singapore Court of Appeal. In addition, Tan Cheng Peng, the girlfriend and business associate of the third plaintiff, filed an affidavit detailing her communications with him. There were altogether 1,008 purchase orders for the laser printers placed by 784 individuals between 8 and 13January 2003. With reference to the judgement, the case explores pricing mistakes by online stores. This is a case about predatory pack hunting. "Unilateral Mistake in Contract: Five Degrees of Fusion of Common Law a The sixth plaintiff is precluded from asserting his ignorance. Date of Verdicts: 12 April 2004, 13 January 2005. After further sms exchanges, the second plaintiff contacted the fifth plaintiff on his mobile phone, urging him to return home to access the e-mail message he had just sent. There were no such discussions with potential buyers. They are all well-educated professionals articulate, entrepreneurial and, quite bluntly, streetwise and savvy individuals. At 4.16am he placed another order for one laser printer, by credit card, on the HP website. He holds an accounting degree from NTU. 105 It is not only reasonable but right that the objective appearance of a contract should not operate in favour of a party who is aware, in the eyes of the law, of the true state of affairs when, for instance, there is real misapprehension on the part of the mistaken party and when the actual reality of the situation is starkly obvious. He seemed to suggest that in a number of cases going as far back as, He somewhat muddied the authority of his observations by apparently accepting in, 126 The Australian courts appear to have relied on the views of Lord DenningMR in, 127 The attempt to conflate the concept of common law mistake and the equitable jurisdiction over mistake is understandable but highly controversial. It presents a textbook example of offer and acceptance. 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. It is significant that some of the plaintiffs had never made any prior Internet purchases before that eventful morning. In terms of chronological sequence, the initial page accessed was the shopping cart, followed by checkout-order . The very foundations of predictability, certainty and efficacy, underpinning contractual dealings, will be undermined if the law and/or equity expands the scope of the mistake exception with alacrity or uncertainty. He appeared to be consummately familiar with Internet practices and was forced to concede that he thought it was weird and unusual when he saw the number 55 on the relevant webpages in place of the actual product description. The point is, there is a chasm between a clarification amendment and a new or distinct issue being raised at a later stage. You may find the status of your order by calling us at (phone number given) Special instructions: Please call to advise delivery date and time. 96 In an Internet sale, a prospective purchaser is not able to view the physical stock available. How come got such thing? Singapore Comparative Law Review 2019 (SCLR 2019) - Issuu 138 Effectively, the defendant was attempting in this contention to assert that it could have its cake and eat it as well. But there would have, at least, to be some real reason to suppose the existence of a mistake before it could be incumbent on one party to question whether another party meant what he or she said.