Case on Privity of Contract
Capacity and Privity of Contract
LGST101 Business Law Professor George Shenoy
Group Members: Ue Mu En, Esther Goh Yue Lin, Sylvia Fong Li Chu Sabina Sun Chao Ng Shi Ya
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Content Page 1. Case Summary 2. Can Brad sue Jennifer? 2.1 2.2 2.3 2.4 Validity of Contract Breach of Contract Brad cannot sue Jennifer Brad can sue Jennifer
3. Can Angelina sue Jennifer? 3.1 3.2 Angelina cannot sue Jennifer Angelina can sue Jennifer 3.2.1 3.2.2 3.2.3 Contract (Rights of Third Parties) Act Tort of Negligence Rule of Agency
4. Can Brad sue Jennifer on 4.1 Action of Promisee on behalf of Third Party (Albazero Exception)
5. Conclusion
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1. C ase Summary This case involves 3 characters, namely, Jennifer, Brad and Angelina. Jennifer is a professional string instrument dealer with special expertise in repairing and modifying string instruments. She is known to be the best recognized luthier in Singapore. Brad and Angelina are both professional cellists with the Singapore Philharmonic Orchestra and regular clients of Jennifer. Brad decides to buy a carbon-fibre endth
century Italian Cello for needs to be
done as she is in a rush. Jennifer is not surprised since Brad deals with Jennifer nine out of ten times with regards to the repair works of their instruments. -fibre end-pin of at least 40cm long, offering to pay $2,000 for the parts and labor involved. All the instructions and the agreed fee are written down in a works order which contains certain standard terms and conditions. In addition, the works order includes two clauses, namely Clause 5 and Clause 10. Clause 5 states This contract is entered into and enforceable as between the parties who have signed the works order herein. are, our liability in damages Both Brad and Jennifer sign the works order without any other conditions apart from those stated in it. Jennifer, however, has never installed a -pin before and she does not realize that the
LGST101 Business Law Professor George Shenoy
Group Members: Ue Mu En, Esther Goh Yue Lin, Sylvia Fong Li Chu Sabina Sun Chao Ng Shi Ya
1
Content Page 1. Case Summary 2. Can Brad sue Jennifer? 2.1 2.2 2.3 2.4 Validity of Contract Breach of Contract Brad cannot sue Jennifer Brad can sue Jennifer
3. Can Angelina sue Jennifer? 3.1 3.2 Angelina cannot sue Jennifer Angelina can sue Jennifer 3.2.1 3.2.2 3.2.3 Contract (Rights of Third Parties) Act Tort of Negligence Rule of Agency
4. Can Brad sue Jennifer on 4.1 Action of Promisee on behalf of Third Party (Albazero Exception)
5. Conclusion
2
1. C ase Summary This case involves 3 characters, namely, Jennifer, Brad and Angelina. Jennifer is a professional string instrument dealer with special expertise in repairing and modifying string instruments. She is known to be the best recognized luthier in Singapore. Brad and Angelina are both professional cellists with the Singapore Philharmonic Orchestra and regular clients of Jennifer. Brad decides to buy a carbon-fibre endth
century Italian Cello for needs to be
done as she is in a rush. Jennifer is not surprised since Brad deals with Jennifer nine out of ten times with regards to the repair works of their instruments. -fibre end-pin of at least 40cm long, offering to pay $2,000 for the parts and labor involved. All the instructions and the agreed fee are written down in a works order which contains certain standard terms and conditions. In addition, the works order includes two clauses, namely Clause 5 and Clause 10. Clause 5 states This contract is entered into and enforceable as between the parties who have signed the works order herein. are, our liability in damages Both Brad and Jennifer sign the works order without any other conditions apart from those stated in it. Jennifer, however, has never installed a -pin before and she does not realize that the