BPM 105: Construction Law

Tutor-Marked Assignment One

July 2021 Presentation

BPM105 Tutor-Marked Assignment One

SINGAPORE UNIVERSITY OF SOCIAL SCIENCES (SUSS) Page 2 of 3

TUTOR-MARKED ASSIGNMENT ONE (TMA01) This assignment is 10% of the final mark for BPM105 Construction Law. The cut-off date for this assignment is 23 August 2021, 2355 hrs. Question 1 Desmond was scrolling through Instagram on his mobile phone when he came across an advertisement by SOCCERKITS, a local sporting goods retailer. Desmond clicked on the advertisement and was directed to SOCCERKITS’ online shop (“the Website”). When looking through the “SALE” section on the Website, Desmond spots a Tottenham Hotspurs (hereinafter referred to as “Spurs”) Home 2021 Jersey (hereinafter “the Spurs Jersey”) being offered at $40.00 a piece but for self-collection only at SOCCERKITS’ retail store at Sunrise Mall. Desmond who is an avid Spurs fan has been monitoring the prices of the Spurs Jerseys and knows that the current market price for that jersey is $100.00. Sniffing a good bargain, he added the Spurs Jersey to the online shopping cart on the Website and clicked “BUY” with his finger. He was then directed to provide his email address and to make payment online and which he did so with his debit card. A few minutes later, he received an automated e-mail response from SOCCERKITS (hereinafter “the Email”), confirming his purchase of the Spurs Jersey. The Email also stated that the Spurs Jersey was to be collected in seven (7) days’ time from SOCCERKITS’ retail store. On the day in question, Desmond turns up at SOCCERKITS’ retail store and was informed by the management that they had run out of Spurs Jerseys. Desmond was offered the 2020 Arsenal Jersey as a replacement and without any need to top up the difference. The current retail price of the Arsenal Jersey is $120.00. The manager of SOCCERKITS’ retail store, Ethan, tried to reason with Desmond and told Desmond: “We are giving you a $120.00 jersey for $40.00. Furthermore, this is a 2021 edition. What is your complaint, Bro? Desmond is furious and has demanded his money back. Ethan has refused to refund the money. For the purpose of this question, you are to assume the following facts:

• The prices quoted are correct and that there were no issues with the online purchase; • Arsenal and Spurs are two rival clubs in the English Premier League and their fans

hate each other. It would be a real insult to an Arsenal fan to be given a Spurs Jersey and vice versa. Indeed, it is not inconceivable for a Spurs fan if given an Arsenal jersey to use it as a cloth for cleaning the table and such feelings are mutual between the fans.

BPM105 Tutor-Marked Assignment One

SINGAPORE UNIVERSITY OF SOCIAL SCIENCES (SUSS) Page 3 of 3

Students are expected to analyse and discuss the facts, identify the issues and apply the law. (a) Please advise Desmond of his rights;

(30 Marks)

(b) Would your answer be different if Desmond was offered the same model but a different size of Spurs Jersey that he had ordered online;

(30 Marks)

(c) Would your answer be different from (a) above, if Desmond was offered the same model and size of the Spurs Jersey that he had ordered online but asked to top up a further $20.00 due to inflation.

(20 Marks)

(d) What are the options available to Desmond in respect of the situation at (c) above. (20 Marks)

(Total: 100 Marks)

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