ENG 2002 Technology and society The legal framework Bob Burgess

Jim walks through a shop and notices some shirts on a rack with a price tag on the rack advertising that the shirts are half price $28 instead of $56. Jim selects one and takes it to the cashier. The cashier checks the tag on the shirt and says that that shirt was hanging on the wrong rack. The correct price is $63. What type of law applies? Is Jim entitled to buy the shirt for $28?

A painter erects trestles and a plank on a public footpath to paint the wall of a building. He does not erect any barriers or warning signs. While he is working an 18 year old boy on a skateboard collides with the trestle and is injured. The boy refers the matter to his solicitor for a possible claim against the painter. What type of law applies? What are the issues involved?

Bill advertises a car for sale for $18,000. Jane goes and has a look at the car and offers to buy it for $17,500 but says that she will have to arrange finance and will bring him a bank cheque when she come to collect the car the next day. Bill accepts the price and this arrangement. That night Terry, who knows Bill and his car, phones and offers to pay $18,000 for the car. Bill accepts Terry’s offer. Terry comes around in the morning and pays the $18,000 and collects the car.

When Jane comes to pay the $17,500 and collect the car Bill says that he has changed his mind and that he was entitled to do so because there was no written contract. What type of law applies? What are the issues? Who owns the car now?

The Victorian Litter Act 1964 provides in s 3(1) that any person shall be guilty of an offence who throws down drops or otherwise deposits and leaves any litter in or on any public place. Section 2 of the Act defines 'litter' to mean 'bottles, tins, cartons, packages, paper, glass', food or other refuse or rubbish' and 'public place' is defined to mean 'any street, road, lane or thoroughfare'.

Fred Slick parked his motor vehicle on a reservation strip separating two carriage ways and drained a quantity of oil from the sump of his motor vehicle leaving a pool of oil on the carriage way. He is prosecuted under the Litter Act What type of law applies? What rules of statutory interpretation would be utilised by the prosecution to prosecute Mr Slick?

The Victorian Litter Act 1964 provides in s 3(1) that any person shall be guilty of an offence who throws down drops or otherwise deposits and leaves any litter in or on any public place. Section 2 of the Act defines 'litter' to mean 'bottles, tins, cartons, packages, paper, glass', food or other refuse or rubbish' and 'public place' is defined to mean 'any street, road, lane or thoroughfare'. What rules of statutory interpretation would be utilised by the prosecution to prosecute Mr Slick?

Joe want to sell his house. Rather than pay agent’s fees he advertises it himself. Mary phones up, comes and inspects the house and after some protracted negotiations she phones Joe and they agree that she will buy the house for $300,000. Joe prepares a contract of sale document (in duplicate) with the price inserted and sends it to Mary. Mary changes the price to $290,000, initials the change, signs the document and sends it back to Joe. What are Joe’s options?

On 20 April 2004 construction was underway on Singapore's underground railway (the MRT) when part of the construction site collapsed killing 4 workers and injuring others. A subsequent government inquiry into the collapse made the following findings in relation to the failure of the earth retaining wall system?

Use of an inappropriate soil simulation model which over-estimated the soil strength at accident site and underestimated the forces on the retaining walls within the excavation; An error in the design of the strut-waler support system with connections being under- designed; and Deviations in actual construction, which further aggravated the under-designed conditions. (Committee of Inquiry into Nicoll Highway Collapse, 13 May 2005)

You may take it that for the purposes of this question that the law of negligence in Singapore is the same as outlined in your notes. (a) Identify possible plaintiffs and defendants to actions in negligence arising out of this incident. (b) Explain how each of the elements of negligence might apply to this situation.