Tutor-Marked Assignment One
July 2020 Presentation
BPM105 Tutor-Marked Assignment One
SINGAPORE UNIVERSITY OF SOCIAL SCIENCES (SUSS) Page 2 of 3
TUTOR-MARKED ASSIGNMENT ONE (TMA01) This assignment is worth 10% of the final mark for BPM105 Construction Law. The cut-off date for this assignment is 17 August 2020, 2355 hrs. Question 1 Minnie just received the keys to her new flat she purchased from Paula last month. Thereafter, she invited quotations to tile the flat (“Tiling Works”) and replace the sanitary equipment (“Sanitary Works”). Being savvy with interior decoration works, Minnie drafted the specifications for the Tiling Works and Sanitary Works. Felix and Pluto submitted quotations to Minnie. Their quotations were as follows: Felix Tiling Works Sanitary Works $30,000.00 complete in 2 weeks $20,000.00 complete in 2 weeks Pluto Tiling Works Sanitary Works $40,000.00 complete in 1 week $25,000.00 complete in 2 weeks Minnie wanted the works done fast and cheaper, and intended to engage Pluto for the Tiling Works and Felix to install the Sanitary Works. Minnie contacts Pluto and tells Pluto, “Bro, I want to engage you, but your price is too high lah. Got discount?” There was much bargaining between Pluto and Minnie and the conversation ended with Minnie saying $28,000.00 is the best she can accept. Pluto said he had to think about it, Minnie then faxed to Pluto cancelling the quotation for the Sanitary Works. In respect of the Tiling Works, Minnie cancelled the price of $40,000.00 and wrote $28,000.00 – start this Monday – 9am. It was Friday evening when Pluto saw Minnie’s fax. As his secretary has gone home, he did not bother to reply. On Saturday evening while out with his family for dinner, Pluto bumped into Felix at a restaurant. In the course of the conversation, Felix was told by Pluto that he had been engaged by Minnie to carry out the renovations to Minnie’s new house. He did not know it was only for the Tiling Works. On Sunday morning, Felix bumped into Minnie at the jogging track. Felix who was very concerned about appearances thought it is best to withdraw his offer/quotation rather than having Minnie tell him that she has engaged someone else. Thus before Minnie could say anything, Felix told Minnie, “Minnie, about the quotation last week, sorry about it. I just got engaged for a big project and cannot service your house. Please find someone else.” Minnie did not wish to discuss business during the weekend and just left it as that.
BPM105 Tutor-Marked Assignment One
SINGAPORE UNIVERSITY OF SOCIAL SCIENCES (SUSS) Page 3 of 3
On Monday morning, Pluto turned up at Minnie’s house at 9am and started work. Minnie asked Pluto whether he could also do the Sanitary Works for a further $20,000.00 but was told by Pluto that $25,000.00 was his best price. Late that morning, Minnie faxed to Felix and said in her fax, “Your quotation for Sanitary Works is OK. Please start work by end of this week. I have already engaged someone else for Tiling Works.” Felix ignored Minnie’s fax and refused to take Minnie’s call. That Sunday when Minnie bumped into Felix at the jogging track, she was told by Felix that Felix was “too busy” and could not work for her. Minnie said she had signed Felix’s quotation and would sue Felix if he would not do the work. Pluto now says he is too busy for the Sanitary Works. Minnie subsequently engaged Daisy to carry out the Sanitary Works for $50,000.00 as she was charging the cheapest. Minnie is furious with Felix and Pluto for refusing to do the Sanitary Works. She refuses to pay Pluto for the Tiling Works and wants to sue Felix and Pluto for breach of contract. Review the facts stated above carefully and thereafter demonstrate your understanding of the law by identifying the relevant issues and applying the relevant legal principles to the factual scenarios. Where applicable, please cite the relevant statute or case law. Advise Minnie in respect of her rights and liabilities to: (a) Pluto in respect of the Tiling Contract.
(b) Pluto in respect of the Sanitary Contract. (10 marks)
(d) Would your answer to part (a) be different if Pluto has replied to Minnie’s fax and said “I accept”. Please discuss and give reasons for your answer.
(e) Regardless of your answer in part (c) for the purpose of this sub-question, assume that Minnie and Felix had entered into a binding contract for Felix to carry out the Sanitary Works, what would Minnie’s damages be and state the basis for your answer.
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