The Singapore Parliament’s most important function is law-making. Explain, briefly, the law-making process and how legislation is made by the Singapore Parliament.
The Singapore courts employ several rules and approaches to interpret statutes and legislation. Briefly, discuss any TWO (2) approaches (Golden rule & Mischief rule) of statutory interpretation employed by the courts.
Betty needs a new washing machine and visits a reputable retail store named Boast Donki at Northpoint City, Yishun. She speaks to Charlie, the manager of the washers department, and asks him to show her their range of washers available in the store. Betty had encountered a bad experience with her previous washer and is perpetually fearful that the machine while washing, could leak water and detergent causing damage to the machine and the inconvenience of cleaning up. She informs Charlie about this fact and was told that this issue should not pose a problem with their current range of products. After walking through the store, Betty spots one washer in particular that she is interested in.
Charlie tells her: “This is an excellent brand with an international reputation. It is the manufacturer’s latest model. Don’t worry about water leakages, it will never happen to this model as it has a patented front door locking system. It will serve you for a lifetime”. Betty is particularly impressed by the presence of the patented front door locking system and bought the washer immediately because of this assurance.
After the washer was delivered to her home and installed, Betty placed a number of items in it for washing. Halfway through the rinsing cycle, she noticed everything inside the washer had tangled up and also the water was leaking from the front glass door. As she attempted to switch the washer off, she was electrocuted and was taken to hospital. She was advised by the doctors that she had received a severe electrical shock from the defective washer and must remain in the hospital for at least a week for observation as there might be long-term damage to her nervous system as a result of the incident.
Betty has since discovered in her sales documents, which she had signed when the washer was delivered, that there was a clause stating:
“The manufacturer and retailer accept no responsibility whatsoever for any loss, damage, injury, or death howsoever caused to any person or property from the use of the product. Furthermore, after delivery of the said product has been done there is no warranty, guarantee, or assurance provided in respect of the product sold.”
On the legal effect and validity of the exemption/exclusion clause appearing in the sales documentation. Discuss, especially, whether this clause will affect her chances of suing the manufacturer as well as Boast Donki in her personal injury claim against them.
On the possibility of the breach of a statutory implied term under the Sale of Goods Act and the effect (if any like Quality, Description, and Fitness) of the exemption/exclusion clause may have on her potential claim against Boast Donki for the sale of a defective product.
Albert is the owner of a café in Orchard Road called “YumYums”. It is a popular place for young people and millennials to meet up and chat over a drink and some snacks.
Last weekend was a particularly wet and windy day. The café became very busy as people came in from the street to shelter from the rain. Because of the heavy downpour, many sections of the floor of the café became wet and slippery.
Christine, one of the café’s regular customers who was enjoying her coffee with her friends, stood up from her chair to go to the restroom. After taking three (3) steps, she slipped on the floor and broke her leg. This resulted in Christine being hospitalized and incurring $5,600 in medical expenses.
She works as an IT software engineer but, because of her injury, will be out of work for five (5) weeks.
Advise Christine whether she could successfully institute an action for negligence against Albert and his café “YumYums”.