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Chwee Kin Keong and others v Digilandmall.com Pte Ltd [2005] 1 SLR(R) 502; [2005] SGCA 2. Contract Formation and Mistake in Cyberspace - the Singapore Experience Interestingly, Desmond also remarked to the first plaintiff that he wasnt greedy before I tok to u. Yong Pung HowCJ in Tribune Investment Trust Inc v Soosan Trading Co Ltd [2000] 3 SLR 405 at [40] opined: [T]he function of the court is to try as far as practical experience allows, to ensure that the reasonable expectations of honest men are not disappointed. 47 Not content with making his own purchases, he woke up his brother and transacted 330 units on his behalf. Inflexible and mechanical rules lead to injustice. [emphasis added]. This final mass e-mail only reinforces my view that the first plaintiff consistently and continuously entertained the view that the price posting on the HP website was a mistake. The case went before both the High Court and the Court of Appeal. These statements are not to be interpreted as a clarion call to rewrite commercial agreements because of a partys unreasonable or ignoble behaviour. The credit card payments had not been processed. When giving evidence, he struck me as cautious, taking great pains to convey the impression that his numerous online enquiries that morning were routinely carried out without any real inkling that an error had occurred. The fact that it may have been negligent is not a relevant factor in these proceedings. What is urged is that, owing to a common error as to some fundamental fact, the agreement is robbed of all efficacy. An e-mail, while bearing some similarity to a postal communication, is in some aspects fundamentally different. His own counsels description of him as careful and prudent only serves to corroborate this. A contract will not be concluded unless the parties are agreed as to its material terms. PDF Contract Formation and Mistake in Cyberspace - the Singapore Experience It is simply inconceivable that when he entered into the purchase transaction, he did not know, or at the very least did not have a real and abiding belief that the price posting was an error. They then argue that as equitable defences have not been pleaded, the court has no alternative but to allow the claim. This was summarily resolved. 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. It is important not to force into a Procrustean bed principles that have to be modified or discarded when considering novel aspects of the Internet. The appellants featured prominently because of the size of their orders. (2d) Chwee Kin Keong v Digilandmall [2004 ] SGHC 71 Application of such a rule may however result in contracts being formed outside the jurisdiction if not properly drafted. Bottomless Mimosa Brunch Royal Oak, Detroit Mercy 7 Year Dental Program Acceptance Rate, When A Guy Brags About Himself To You, How Much Is A 1747 Spanish Gold Doubloon Worth, Articles C

In this issue, we will talk about some important skills needed for office par...