问答题
In relation to the law of contract, explain, and illustrate, each of the following: (a) an ‘offer’; (3 marks)
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Andy was the managing director of Alpha Pte Ltd (‘Alpha’), a computer technology company. Andy was tasked by Alpha to actively pursue and negotiate a contract with Beta Pte Ltd (‘Beta’) to develop a revolutionary internal audit software. However, Beta was not keen to enter into the joint venture with Alpha and preferred to work with Andy instead. Andy resigned from his post with Alpha and personally entered into the contract with Beta. When the internal audit software was developed and became a huge commercial success, Andy made a large profit.Required:Discuss whether Andy has breached any duty as a director of Alpha when he entered into the contract with Beta, and the consequences of such a breach. (10 marks)
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问答题
Tom often travels to Malaysia using the bus service offered by Comfy Tours Pte Ltd (‘Comfy’). The following is the sequence of events preceding the issuing of the bus ticket to Tom at Comfy’s office:(1) Tom informs Comfy’s ticketing officer, Jane, of his intended destination;(2) Jane quotes Tom the fare;(3) Tom pays cash;(4) Jane issues Tom a machine printed ticket.There are notices, containing identical terms of carriage, posted at Comfy’s office and on the back of the printed ticket. Amongst the terms, there was an exclusion clause in red font and bold print which reads:‘You agree that Comfy shall not be liable to you for any injury suffered by you as a passenger, arising from any acts or omissions of Comfy or their employees, whether those acts or omissions were negligent or otherwise.’It turned out that Tom suffered a broken arm when the bus crashed. The accident was caused by the bus driver’s negligence.Required:Advise Tom whether the exclusion clause is effective to exclude Comfy’s liability should Tom sue Comfy for his injury. (10 marks)
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