chwee kin keong v digilandmall high court

100 There is however another statute that ought to be taken into consideration in determining the appropriate default rule in e-commerce transactions. This is without basis. Administration law is the actions made by a government, which adversely affects an individual. He is currently employed as an accountant in an accounting firm, Ernst & Young. An e-mail, while bearing some similarity to a postal communication, is in some aspects fundamentally different. Neither party raised any objections. The plaintiffs attempted to take advantage of the defendants mistake over the Internet. 44 He made his first purchase of ten laser printers at about 2.42am. Taking into account the nature of the claims, the conduct of these proceedings by the plaintiffs and how the case for the plaintiffs unravelled, it would not, all things considered, be appropriate to interfere with the normal order of costs which ought to follow the result. They are tainted and unenforceable. This gives their courts a broad and elastic jurisdiction to deal with commercially inappropriate behaviour. This is essentially a matter of language and intention, objectively ascertained. It can however be observed that in mass mistake cases, even when there is no direct evidence as in these proceedings, the court could be prepared to pragmatically assume actual or deemed knowledge of the manifest mistake. Doctrines and Institutions of Responsible Government. 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. The credit card payments had not been processed. Indeed he had conduct of significant phases of these proceedings on behalf of the plaintiffs. In Chwee Kin Keong and ors v Digilandmall.com Pte Ltd, 5 VK Rajah JC, as His Honour then was, decided against the rule-based approach in Moss v Malings. He holds an accounting degree from NTU. In these proceedings, it appears that the purchases made by the sixth plaintiff were not accompanied by a corresponding receipt of acceptances, as his e-mail inbox was full. The sixth plaintiff is precluded from asserting his ignorance. 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. The plaintiffs assert they were not aware of the defendants mistake when they placed their orders, and had believed the offer was genuine. Court reference 202 of 2003. . [emphasis added]. Case law chwee kin keong v digilandmallcom pte ltd. School Nanyang Technological University; Course Title ACC 1301; Uploaded By saint_huimin. This view seems to suggest that principles of equity invariably provide an equally strong but more elastic second string to the bow. The law may not imply a condition precedent as to the availability of stock simply to bail out an Internet merchant from a bad bargain, a fortiori in the sale of information and probably services, as the same constraints as to availability and supply may not usually apply to such sales. Chwee Kin Keong v Digilandmall Pte Ltd The defendant, Digilandmall.com Pte Ltd, were an online IT company that sold related software and hardware from Singapore. The defendant even had its terms and conditions posted on its website. Before dealing with the point of real substance, it is appropriate to briefly deal with two of the less meritorious contentions advanced. The elements of an offer and acceptance are ex facie satisfied in every transaction asserted in the plaintiffs claims. I hope by the time you see this email, the price is still at S$66.00 coz they might change it anytime. This may have created formatting or alignment issues. While these contentions were well within the scope of the evidence adduced and their respective lines of cross-examination, they appeared to transgress their respective pleadings. The phrase call to enquire, it is contended, was in effect a condition precedent. Having ascertained that the laser printer was being advertised at $66, he decided to undertake further online searches through Yahoo.com and Ebay.com. See now, also, They were selling a HP laser printer and an employee accidently made a mistake as to the price of the printer on their website. In short, where does the justice reside? 96 In an Internet sale, a prospective purchaser is not able to view the physical stock available. A viewer from any part of the world may want to enter into a contract to purchase a product as advertised. He claimed he wanted to find out how much profit he could make. High Court and Court of Appeal, recently, in a number of case . Quite apart from this singularly precise timing, his exchange with Ms Toh is noteworthy for the following reason: when he told her about the various concluded purchases of the laser printers, she immediately thought it was a mistake and that HP would not honour the contracts. He held that the Written Offer was accepted by the . He claimed that he had not asked her to do the research and that she had done it independently. The payment mode selected by the third plaintiff was cash on delivery. He is described by his counsel in submissions as a prudent and careful person. Two issues had arisen. Counsels approach is flawed. Normally the contract is only concluded when the acceptance is communicated by the offeree to the offeror. This constituted more than a quarter of the total number of laser printers ordered. He classifies mistake in the following manner at 386: If attention is fixed merely on the factual situations, there are three possible types of mistake: common, mutual and unilateral. Errors may incur wholly unexpected, and sometimes untoward, consequences as these proceedings so amply demonstrate. In its pleaded case, the defendant asserts that the automated e-mail responses it sent out in the early hours of 13January 2003 did not confirm that stock of the laser printers were available and would be delivered. Chwee Kin Keong v Digilandmall.com (2005) - Singaporean case 3d printers sold for $66 instead of $3,800. 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 Users may find that it may not be as forgiving as more traditional methods of communications. June Proctor, 1997, p. 13. Quoine was operating as a market-maker on their own platform. . 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. Defence counsel indicated that he wanted to regularise the position on the agency relationship between third and sixth plaintiffs which had been thrashed out during cross-examination; he also wished to plead additional particulars of the respective plaintiffs actual knowledge of or belief in a mistake having occurred, which had emerged both before and during the hearing. The e-mails sent at 2.34am were also captioned Go load it now! It is not in dispute that the defendant made a genuine error. The CISG has currently been adopted by 95 Contracting States world-wide. 78 In a Channel NewsAsia report datelined 15January 2003, it was reported that: Two of the customers, Mark Yeow and Malcolm Tan, have already spoken to their lawyers. 3. At 4.16am he placed another order for one laser printer, by credit card, on the HP website. No rights can pass to third parties. Desmond: 13/01/20 01:41 u want it for profit or personal use? They were high-end commercial laser printers. They stoutly assert that they were too preoccupied with the realisation of potential profits through a so-called arbitrage position between different markets to contemplate that an error had been made. 6 On Wednesday, 8January 2003 between 3.00pm and 4.00pm, DILs employees conducted a training session at the defendants premises. When the defendant learnt of the error, it promptly removed the advertisement from its websites, and informed the plaintiffs as well as 778 others who had placed orders for a total of 4,086 laser printers that the price posting was an unfortunate error, and that it would therefore not be meeting the orders. He is currently self-employed and is intimately involved in the multi-level marketing sales of aromatherapy products under the Bel-Air label. 113 The English Court of Appeal in Commission for the New Towns v Cooper (Great Britain) Ltd [1995] Ch 259, a case of common mistake, imported the concept of Nelsonian knowledge and applied the framework of various categories of knowledge outlined by Peter GibsonJ in Baden v Societe Generale pour Favoriser le Developpement du Commerce et de lIndustrie en FranceSA [1993] 1 WLR 509. Given its global reach and ever changing technological advancements, Internet usage will pose a myriad of issues for resolution. I note that there have been powerful arguments made to the contrary. We are only concerned with the question whether relief might be given for common mistake in circumstances wider than those stipulated in Bell v Lever Bros Ltd [1932] AC 161. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. 69 The sixth plaintiff was awakened by his brother, the third plaintiff, at about 3.00am. 123 One view maintains that the mistaken party can either attempt to have the contract declared void at common law if the mistake is fundamental or radical, or alternatively seek a remedy in equity, which could include rescission. 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. While this case needs to be treated with some caution, as it appears to integrate concepts of law and equity, I respectfully agree with the approach in so far as it deals with deemed knowledge. It would be illogical to have different approaches for different product sales over the Internet. The second, third, fourth and sixth plaintiffs are the only individuals who ordered more than a hundred laser printers each. 4 The defendant is a company that sells information technology (IT) related products over the Internet to consumers. June 16, 2022; Posted by why do chavs wear tracksuits; 16 . It has been a fertile source of academic debate, but in practice it has given rise to a handful of cases that have merely emphasised the confusion of this area of our jurisprudence. - See also Balfour v. Balfour (1919). Where common mistake is pleaded, the presence of agreement is admitted. 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. 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. The quintessential approach of the law is to preserve rather than to undermine contracts. He subsequently sent the web link to the Epinions website to the first and second plaintiffs. 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. 87 It appeared to me that the extract from Singapore Civil Procedure 2003 relied on by the plaintiffs was blindly lifted from earlier editions of the English White Book without any consideration as to how it dovetails with the present procedural climate. It is not in dispute that the defendant made a genuine error. 11 The single most controversial issue in these proceedings is the knowledge possessed and/or belief entertained by each of the plaintiffs when they entered into each of the transactions for the purchase of the laser printers. 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. 139 Next, the defendant contends that no consideration passed from the plaintiffs to them. 7191 RSS High Court Expand/Collapse. Being fully conscious of the pivotal nature of this point, I have duly accorded particular attention to the evidence and credibility of each of the plaintiffs. I have found that the plaintiffs had at all material times knowledge of or, at the very least, a real belief that an error had been made by the defendant in the price posting. 4, 1971, p. 331. 124 A number of decisions over the last five decades emanating from several common law jurisdictions even go so far as to suggest that with the integration of the courts of common law and equity, equitable principles now hold sway and that earlier common law decisions need reinterpretation.

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chwee kin keong v digilandmall high court