The phrase call to enquire, it is contended, was in effect a condition precedent. The preface I do not know in no way detracts from this; the e-mail being addressed to a large group of 54 persons, the first plaintiff would simply not have wanted to commit himself by saying I know. MrTan said: As long as we get out [sic] equitable compensation, we should be able to accept lesser terms, but thats just under consideration as well.. While I agree with what Madam Justice Mclachlin said so far as it goes, I do not believe she intended to imply that there must be a conscious taking advantage by one party of the other in all cases. 134 It is not really in issue that contracts can be effectively concluded over the Internet and that programmed computers sending out automated responses can bind the sender. While they did not invariably admit that their searches were made prior to each of the respective transactions, it was plain that they did not tell the whole truth about, 149 It is clear from the authorities reviewed that such a contract, if entered into by a party with actual or presumed knowledge of an error, is void from the outset. The decision of the British Columbia Court of Appeal in, 25 The law of mistake was discussed in depth by McLachlinCJBC in. Chwee Kin Keong and Others v Digilandmall.com Pte Ltd [2005] SGCA 2 Civil Procedure - Costs - Principles - Respondent failing in every aspect of defence except on issue of unilateral mistake - Trial judge awarding full costs to respondent - Whether respondent entitled to full costs At 4.15am, he sent an email to the first plaintiff, copied to the second plaintiff, with a happy emoticon following check out the prices here (see [19] supra). The essence of unilateral mistake is the knowledge or deemed knowledge of a mistake and though fraud may often be present it is not an essential ingredient. Indeed this appears to be the underlying rationale for the unique legal characteristics attributed to an invitation to treat; see Grainger & Son v Gough [1896] AC 325 at 333334, Esso Petroleum Ltd v Commissioners of Customs & Excise [1976] 1All ER 117 at 126. The non-mistaken partys appreciation that there is no real offer on the contracts literal terms undermines the basis of the objective theory and necessarily imports the lack of subjective intention on the part of the mistaken party. Ltd. Yeo Tiong Min* I. Document Citado por Relacionados. Nor should parties regard pleadings as assuming an amoeba-like nature, susceptible to constant reshaping. The elements of an offer and acceptance are, 139 Next, the defendant contends that no consideration passed from the plaintiffs to them. The second, third, fourth and sixth plaintiffs are the only individuals who ordered more than a hundred laser printers each. . Alternatively, knowledge may be readily inferred from what would be regarded as commonly known or notorious facts in the context of the transaction. When pressed as to whether he visited other websites, he said he could not confirm that one way or the other. 2. It takes the view that there is no jurisdiction in equity to rescind a contract that is valid at common law, on the basis of mistake. (c) the need to reach commercially sensible solutions while respecting traditional principles applicable to instances of genuine error or mistake. 126 The Australian courts appear to have relied on the views of Lord DenningMR in Solle v Butcher to establish a wholly different doctrinal approach to mistake and have purportedly applied a fused concept of law and equity to the law on mistake. In the light of that consideration we can see no way that Solle v Butcher can stand with Bell v Lever Bros Ltd. COOTE, B. V K Rajah JC. This gives their courts a broad and elastic jurisdiction to deal with commercially inappropriate behaviour. 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. If an offeree understands an offer in accordance with its natural meaning and accepts it, the offeror cannot be heard to say that he intended the words of his offer to have a different meaning. This is approved in a Singaporean case, Chwee Kin Keong v Digilandmall.com Pte Ltd . Having noted all this, I am nevertheless inclined towards the views expressed in the, 131 In a number of cases, including the present, it may not really matter which view is preferred. He is also described as the sole proprietor and manager of two other businesses that provide business support and consultancy. 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. They have a common interest in bridge and this helped to cement their friendship. Chwee Kin Keong v Digilandmall.com Pte Ltd [2004] 2 SLR 594; [2004] SGHC 71. Case law chwee kin keong v digilandmallcom pte ltd. School Nanyang Technological University; Course Title ACC 1301; Uploaded By saint_huimin. 29 The first plaintiff struck me as an opportunistic entrepreneur. High Court and Court of Appeal, recently, in a number of case . He appeared distinctly uncomfortable during several phases of his cross-examination and his answers on crucial points were evasive and often vague.. His evidence in relation to the level and nature of communications he had with the second and third plaintiffs on the morning in question lacked candour. The product descriptions in all the other pages of the respective websites, at the material time, carried a full detailed description of all advertised products. By their own admission, they made Internet searches through various search engines to ascertain the profits they could make. 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 decision - Chwee Kin Keong and Others v Digilandmall Pte Ltd [2004] 2 SLR 594; - Studocu Caso chwee kin keong and others digilandmall.com pte ltd slr sghc 71 suit no: suit decision 12 apr 2004 date: court: coram: counsel: high court rajah jc tan sok IgnorarExperimenta 'Pergunta a um Especialista' Pergunta a um especialista There are many different shades of sharp practice or impropriety. At the very least, it has been forcefully asserted that even when a mistake does not result in voiding a contract through the application of common law principles, there remains an independent doctrine of mistake founded in equity which justifies judicial intervention. Imagine the effect of this negative publicity on your future sales! 52 He then called the second plaintiff on his handphone and informed him that he intended to purchase 50 laser printers. The decision of V.K. Indeed, upon re-examination, he attempted to distance himself from the portion of his affidavit suggesting that the possibility of a genuine mistake had crossed his mind after the first transaction. The first, second and third plaintiffs have been friends for a long time and are bound by common business interests. 13 The first plaintiff, Chwee Kin Keong, is 29 years old. In the final analysis, it would appear that the likely existence of an internal error in pricing was clearly within his contemplation. He graduated from NTU as a bachelor of business studies, specialising in financial analysis. u think this is the 1970s?? He would make some basic enquiries to ascertain whether there is anything faulty with the product in an attempt to seek an explanation for or understanding of the basis for the price discrepancy; he might alternatively try and ascertain whether perhaps the price differential is part of some spectacular promotional exercise. To export a reference to this article please select a referencing stye below: This selection of essays, case summaries and dissertations is of relevance to law students within the Commonwealth and for those students who are studying the Rule of Law from outside the Commonwealth . [emphasis added]. Desmond: 13/01/20 01:24 just ordered 3 colour lazer printer for S$66.00 each. If he was prepared to commit this view in writing to a larger circle of 54 friends and business associates after his communication with the second and third plaintiffs, he would certainly have shared this view with his close friends with even greater candour and detail. He said he had by then discovered from his Internet searches that the price of the laser printer was in the region of $3,000. Homestead Assets Sdn Bhd v. Contramec . There was no satisfactory reason for the genesis of this e-mail (see [67] infra). In the absence of proper and full arguments on the issue of which rule is to be preferred, I do not think it is appropriate for me to give any definitive views in these proceedings on this very important issue. Their conduct in pursuing their claims cannot by any stretch of the imagination be characterised as having the slightest colour of being legitimate regardless of whether the subjective or objective theories are applied and whether common law or equity is applied in adjudicating this matter. The rules of offer and acceptance are satisfied and the parties are of one mind. V K Rajah JC: Para continuar leyendo. 118 The Canadian courts have been the most active common law courts explicating and developing this area of the law. It is asserted that since mistake had not been pleaded as an equitable defence, equity cannot be invoked by the defendant. 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. 18 He said he later conducted some searches using the Google search engine and ascertained that the laser printer could be sold at about US$1,300 in certain markets. Case Summary 128 The most significant judicial pronouncement supporting this view emanates from the recent English Court of Appeal in Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd [2003] QB 679, a case of common mistake. 63 It is pertinent he too made web searches using the Google search engine. The very foundations of predictability, certainty and efficacy, underpinning contractual dealings, will be undermined if the law and/or equity expands the scope of the mistake exception with alacrity or uncertainty. They contended that the entire ICQ conversation, infused with such a jocular tone, should be disregarded. Who bears the risk of such mistakes? 139 Next, the defendant contends that no consideration passed from the plaintiffs to them. It was found that the plaintiffs must have known or realised that the offer did not express the true intention of the defendants. The first plaintiffs callname in this exchange is Scorpio. In my view this further undermines the essence of the plaintiffs case that they never contemplated that the pricing was a mistake. The first plaintiffs purchase took place soon after the ICQ conversation with Desmond where Desmond had in no uncertain terms pitched the price of the laser printer between $3,000 to $4,000. 83 The defendant maintained that there was no element of surprise and/or prejudice arising from the amendments. Cory had chosen this mode of communication; therefore he I reject this. It seems to me that he was trying to tailor his evidence to fit neatly within the legal parameters of the plaintiffs case. 131 In a number of cases, including the present, it may not really matter which view is preferred. In Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd, the English Court of Appeal decided that Solle v Butcher was wrong to hold that there was an equitable doctrine of common mistakes. He worked for a short period in the IT Project Development department of the Standard Chartered Bank, where he became acquainted with the first plaintiff. Doctrines and Institutions of Responsible Government. Placing an advertisement on the Internet is essentially advertising or holding out to the world at large. It is, in large measure, determined by making an objective appraisal of the exchanges between the parties. 49 Tan Cheng Pengs brief evidence did not really assist the third plaintiff. These considerations take precedence over the culpability associated with causing the mistake. The sixth plaintiff told his brother to order some for him, without specifying how many laser printers he wanted or how he intended to pay for the laser printers. Examples of such mistakes would include (a)human error (b)programming of software errors and (c)transmission problems in the communication systems. 76 On Monday, 13January 2003, at about 9.15am, an employee of the defendant received a call from a prospective customer inquiring whether the defendant was aware of the posted price of $66 for the laser printers on the HP website. The modern approach in contract law requires very little to find the existence of consideration. Arrival can also be immaterial unless a recipient accesses the e-mail, but in this respect e-mail does not really differ from mail that has to be opened. Clout issue 43. 12 The plaintiffs both collectively and individually maintained adamantly that while they thought that the price of $66 appeared to be a good deal they did not think that the website prices had been mistakenly placed or inserted. ! with its importance set at high. Take a look at some weird laws from around the world! 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. Administration law is the actions made by a government, which adversely affects an individual. Despite the general views expressed in. This was presumably to render the training more lifelike. This case is a paradigm example of an error on the human side. Different protocols may result in messages arriving in an incomprehensible form. Digilandmall.com Pte Ltd [2004] 2 SLR(R) 594, Rajah JC (as . In the context of its true market value the absurd price of $66 was almost the commercial equivalent of virtually giving away the laser printers. In addition, he despatched e-mails to the fourth and fifth plaintiffs attaching a hyperlink to the HP website. This could account for the substantial number of Canadian cases in this area of the law. He is currently a supervisor in the taxation department of an international accounting firm, Deloitte & Touche, specialising in corporate taxation services. The notation in the checkout-order confirmation further confirmed that the defendants concern was with the delivery time rather than with qualifying its obligation by reference to stock availability as a condition precedent. 45 The most telling aspect of the third plaintiffs evidence is his admission that he made Internet searches relating to the pricing of the laser printer, immediately after he was contacted by the first plaintiff. VKR a j a hJ C. 27-30 January; 2-6, 9 February; 13 March; 12 April 2004. 21 The first plaintiff must have realised at the outset that he would have to explain with a certain measure of credibility the purport and significance of all his Internet communications between 1.00am and 3.00am on 13January 2003. Further, the character of the mistake was such that any reasonable person similarly circumstanced as each of the plaintiffs would have had every reason to believe that a manifest error had occurred. In addition, Tan Cheng Peng, the girlfriend and business associate of the third plaintiff, filed an affidavit detailing her communications with him. The complainants argued that they were not aware that this price was a mistake and wanted the binding contract to be fulfilled. After establishing from the web pages that the price quoted for the laser printer was indeed $66, he proceeded to make searches through search engines like Yahoo and visited the website of Hardware.com. It is, in large measure, determined by making an objective appraisal of the exchanges between the parties. The elements of an offer and acceptance are ex facie satisfied in every transaction asserted in the plaintiffs claims. Nor could he satisfactorily explain why he initially made the Internet searches to ensure the offer was genuine. Consideration was less than executory and non-existent. 100 There is however another statute that ought to be taken into consideration in determining the appropriate default rule in e-commerce transactions. No modern authority was cited to me suggesting an intended commercial transaction of this nature could ever fail for want of consideration. Promotions would be indicated by a P inside a yellow circle next to the product in question. The payment mode opted for was cash on delivery. The essence of snapping up lies in taking advantage of a known or perceived error in circumstances which ineluctably suggest knowledge of the error. Claiming he was in a light-hearted kind of mood during his ICQ (acronym for I-Seek-You) conversation with Desmond, he insisted that this conversation should be taken neither seriously nor literally. No cash had been collected. Cases of fraud and misrepresentation, and undue influence, are all catered for under other existing and uncontentious equitable rules. 130 It can be persuasively argued that given (a)the historical pedigree of the cases, (b)the dictates of certainty and predictability in the business community and (c)the general acceptance of the existence of distinct common law rules, it is preferable not to conflate these concepts. The text of the e-mail further reinforces the point. Media reports after the discovery of the mistake. Chwee Kin Keong and Others v Digilandmall.com Pte Ltd [2005] SGCA 2 Civil Procedure Costs , Civil Procedure Pleadings , Contract Mistake Decision Date: 13 Jan 2005 . Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130 Chapelton v Barry UDC [1940] 1 KB 532 Chaplin v Hicks [1911] 2 KB 786 Chappell v Nestl [1960] AC 87 Chwee Kin Keong v Digilandmall.com [2006] 1 LRC 37 CIBC Mortgages v Pitt [1994] 1 AC 200 - Undue . I invited both parties to indicate if they wished to amend their pleadings. It is significant that some of the plaintiffs had never made any prior Internet purchases before that eventful morning. He offered no plausible explanation for the series of orders which he placed while he was in communication with the other plaintiffs, other than stating audaciously that he had to buy a lot to sell a lot, to get a lot. 5 A related website for corporate clients and re-sellers (the Digiland commerce website) is owned and operated by a related entity, Digiland International Limited (DIL). 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. CHWEE KIN KEONG and Others v DIGILANDMALL.COM Pte Ltd (2004) 2 SLR 594. Comments Published in English: [2004] 2 SLR 594; [2004] SGHC 71. Chwee KIN Keong AND Others v Digilandmall.COM PTE LTD [2004 ] SGHC 71 paginator.book page 594 tuesday, november 2009 7:05 am 594 singapore law reports (reissue . One is hard put to imagine that anyone would purchase such an item, let alone place very substantial orders, without making some very basic enquiries as to pricing. It became apparent that the plaintiffs misplaced reliance on the extract earlier cited probably also explained their singularly odd conduct in applying for amendments, only to withdraw their application later in attempting to deny the defendant an opportunity to amend its pleadings. The leading Canadian decision in this area is the case of McMaster University v Wilchar Construction Ltd (1971) 22DLR(3d) 9 which, incidentally, was cited with approval by the Australian High Court in Taylor v Johnson. Such conduct is akin to that of an unscrupulous commercial predator seeking to take advantage of an error by an unsuspecting prey by pouncing upon it before the latter has an opportunity to react or raise a shield of defence. Typical transactions are usually but not invariably characterised by (a)indecent alacrity; and (b)behaviour that any fair-minded commercial person similarly circumstanced would regard as a patent affront to commercial fairplay or morality. He offered to buy a laser printer from Desmond at double the price, that is $132. Chwee Kin Keong v Digilandmall.com Pte Ltd [2005] 1 SLR 502: [2005] SGCA 2 Context: This Case deals with the issue of unilateral mistake. Certain Internet service providers provide the technology to inform a sender that a message has not been properly routed. Their reference to arbitraging was a nebulous fig leaf designed to legitimise their conduct in a cloak of legal and commercial respectability. 43 After receiving a call from the first plaintiff at about 2.00am informing him that he had found an opportunity to make money as there was an arbitrage position to be achieved for some Hewlett Packard printers, the third plaintiff duly accessed his e-mail and visited the HP website. 64 The fifth plaintiff was vague and tentative in many crucial aspects of his evidence. Added to his own purchases of 760 units, he was effectively responsible for the purchase of 1,090 laser printers. The number of orders he placed was nothing short of brazen. His evidence pertaining to the material points of knowledge and his communications with the other plaintiffs lacked credibility. There is no merit at all in this contention. Notwithstanding, the defendant does not take issue with this as the sixth plaintiffs orders were received and the appropriate automated responses generated. The decision of V.K. However, at the actual hearing of the applications, plaintiffs counsel opposed any amendments whatsoever to the defence and sought leave to withdraw the plaintiffs earlier unilateral amendments. The rules of offer and acceptance are satisfied and the parties are of one mind. They assumed that to be the position. The essential point remains: will prejudice be caused and/or are any policy considerations called into play.
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