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ECA – July Semester 2014
BUS201e
End-of-Course Assessment – July Semester 2014
Contract & Agency Law
__________________________________________________________________________________________
INSTRUCTIONS TO STUDENTS:
1. This End-of-Course Assessment paper comprises NINE (9) pages (including
the cover page).
2. You are to include the following particulars in your submission: Title, Your
PI, Your Name, and Submission Date.
3. As the End-of-Course Assessment is in lieu of an examination, late submission
will NOT be accepted by the University.
IMPORTANT NOTE
ECA Submission Deadline: 08 September 2014, 12 noon
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ECA – July Semester 2014
ECA Submission Guidelines
Please follow the submission instructions stated below:
A - What Must Be Submitted
You are required to submit the following THREE (3) items for marking and grading:
• A Report (you should submit this item first as it carries the highest weightage).
• A Video Presentation:
o UniSIM conducts Walk-in Clinic Sessions on how to record ECA video presentation
for SBIZ students every semester. Please see MyUniSIM Blackboard L01 group for
details.
o ECA video recording and submission online tutorials/guides are also available in
MyUniSIM Blackboard at the FAQs tab under the category “Submitting End of
Course Assessment [ECA]”.
• The set of Powerpoint slides upon which the video presentation is based.
Please verify your submissions after you have submitted the above THREE (3) items.
B - Submission Deadline
• The THREE (3) items of Report, Video and Presentation Summary are to be submitted by
12 noon on the submission deadline.
• You are only allowed a ONE-TIME submission for each of the THREE (3) items.
• As the ECA is in lieu of an examination, late submission of any of the THREE (3) items
will NOT be accepted by the University.
• It will be taken that you have withdrawn from the course if
o you failed the ECA due to late and/or non-submission of any of the THREE (3)
items.
o the Report is not submitted on time.
C - How the (3) Items Should Be Submitted
• The Report: submit online to MyUniSIM (Blackboard) via TurnItIn (for plagiarism
detection)
• The Video: submit online to MyUniSIM Blackboard (refer to MyUniSIM Blackboard at
the FAQs tab under the category “Submitting End of Course Assessment [ECA])
• The Presentation Summary: submit online to MyUniSIM (Blackboard) (TurnItIn
submission not required)
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ECA – July Semester 2014
• Avoid using a public WiFi connection for submitting large video files. If you are using
public wireless (WiFi) connection (e.g. SG Wireless at public areas), you might encounter
a break in the connection when sending large files.
D - Additional guidelines on file formatting are given as follows:
1. Report
• Please ensure that your Microsoft Word document is NOT of the
type .docx as this is generated by Microsoft Word 2007 or higher
version and it is NOT readable by earlier versions of Microsoft
Word.
• If you are using Microsoft Word 2007 or higher version, kindly
ensure that you save your Report in .doc format so that your
marker can read your Report.
2. Video
Showing your powerpoint projection in the background is NOT
required.
Your video file should be readable by current video player
applications such as Windows Media Player and QuickTime Player.
Do ensure that your video file conforms to these requirements:
a) Time Duration: a minimum of 3 minutes and a maximum of 6
minutes
b) File Size: No more than 50MB
c) File Formats:
• .wmv (recommended)
• .mov
If we are unable to view your video file, we will treat it as nonsubmission of the video component.
Note: Please refer to the FAQs in MyUniSIM Blackboard under the
category “Submitting End of Course Assessment [ECA]” for the
following online tutorials/guides:
a) MyUniSIM Blackboard ECA Submission
b) Windows Movie Maker.
Under the sections “Online Tutorials”, computer-based training are
available on how to use Windows Movie Maker to record ECA
presentation video on your PC.
3. Presentation
Summary
• Please ensure that your Powerpoint slides are NOT of the type
.pptx as this is generated by Microsoft Powerpoint 2007 or higher
version and it is NOT readable by earlier versions of Microsoft
Powerpoint.
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ECA – July Semester 2014
• If you are using Microsoft Powerpoint 2007 or higher version,
kindly ensure that you save your Powerpoint slides in .ppt format
so that your marker can read your Powerpoint slides.
• The maximum number of slides is fifteen (15).
• Please do NOT download and use PPT slide design templates
from the Internet.
E – Please be Aware of the Following:
Submission in hardcopy or any other means not given in the above guidelines will not be
accepted. You do not need to submit any other forms or cover sheets (e.g. form ET3) with
your ECA.
You are reminded that electronic transmission is not immediate. The network traffic may be
particularly heavy on the date of submission deadline and connections to the system cannot
be guaranteed. Hence, you are advised to submit your work no later than the day before the
date of submission deadline. MyUniSIM (Blackboard) will allow you to submit your work
late but your work will not be marked. You should therefore not jeopardise your course
result by submitting your ECA at the last minute.
Once you have submitted your ECA, the status is displayed on the computer screen.
Any extra files, missing appendices or corrections received after the cut-off date will also not
be considered in the grading of your ECA.
F - Plagiarism and Collusion
Plagiarism and collusion are forms of cheating and are not acceptable in any form in a
student’s work, including this ECA. Plagiarism and collusion are taking work done by others
or work done together with others respectively and passing it off as your own. You can avoid
plagiarism by giving appropriate references when you use other people’s ideas, words or
pictures (including diagrams). Refer to the APA Manual if you need reminding about
quoting and referencing. You can avoid collusion by ensuring that your submission is based
on your own individual effort.
The electronic submission of your ECA will be screened by a plagiarism detection software.
For more information about plagiarism and collusion, you should refer to the Student
Handbook (Section 5.2.1.3). You are reminded that UniSIM takes a tough stance against
plagiarism or collusion. Serious cases will normally result in the student being referred to
UniSIM’s Student Disciplinary Group. For other cases, significant mark penalties or
expulsion from the course will be imposed.
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ECA – July Semester 2014
Video Presentation Evaluation Criteria
Note: Students will be assessed on the quality of the presentation and not the quality of the
video recording. However, the recording is expected to have video and audio clarity.
Showing your powerpoint projection in the background is NOT required.
Organisation of Presentation /8
• Logical flow of presentation
Posture & Body Language /5
• Posture: Standing, straight back etc…
• Body language:
– Hand gestures supporting oral arguments, etc…
Eye-Contact /5
• Looking at the video camera
• No reading of slides or notes or cue cards
Pace & Articulation /7
• Pace: Speaks neither too fast nor too slow
• Articulation: Oral expression is clear and confident in the presentation.
TOTAL /25
Presentation Summary Evaluation Criteria
Format and Style of Slides /3
• Layout, clarity of text elements, colour blends, graphical enhancements
Clarity and Coherence /4
• Proper flow - title page, introduction, body, results, recommendations /
discussion points, conclusion/summary; quick to understand, free from
grammatical errors
Creativity /3
• Ability to use creative elements to value-add to the presentation so as to
enhance understanding and clarity of difficult concepts
TOTAL /10
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ECA – July Semester 2014
SECTION A (Total 65 marks)
Question 1
Soto Pte Ltd (“Soto”) was the caterer engaged by Land-O Pte Ltd (“Land-O”) to provide
catering services for 6 of Land-O’s monthly management meetings. The first 2 meetings were
scheduled on 5 March and 20 April. Soto provided the main course and contracted to
purchase fruit sorbet desserts from D-light Pte Ltd (“D-light”). The contract with D-light is
for 6 months at a special discounted price per order subject to a minimum order of S$500.00
per month. The contract between Soto and D-light does not have a termination clause.
Soto ordered:
(a) S$500.00 worth of desserts from D-light for the meeting on 5 March; and
(b) $600.00 worth of desserts for the meeting on 20April.
Soon after the meeting on 5March, Land-O complained to Soto about the unacceptable
quality of the desserts supplied by D-light. The desserts tasted like ice cream, instead of
sorbet. Land-O staff also complained that there was no difference between the different fruit
flavours indicated on the packaging. Soto gave feedback to D-light but D-light’s manager
simply shrugged his shoulders and said that the fruit sorbet desserts were based on their usual
recipes and “this is our standard”.
Soto was not satisfied with the response from D-light’s manager and told the D-light’s
manager not to deliver the order scheduled for 20 April. Soto decided to purchase fruit sorbet
desserts from another supplier at higher cost for the meeting on 20 April. Land-O staff were
satisfied with the desserts and in fact, complimented Soto for taking action to change the
supplier.
The second supplier charged Soto S$800 (i.e., S$200 higher than what D-light had charged
for the 20 April order). Hence, Soto decided to claim the additional S$200 from D-light.
On 22 April, D-light issued an invoice, stating a sum of S$500 for the 5
th
March order and
another sum of S$600 for the 20
th
April order.
On 23 April, Soto paid D-light S$300 (being S$500 for the 5 March order minus the S$200
claim).
Soto refused to pay the full invoice of S$1,100. D-light was unhappy with the non-payment
of the full sum and informed Soto that it would not supply the fruit sorbet desserts to Soto for
the remaining months unless it received the balance payment of S$800.
On 26 April, Soto notifies D-light that it is terminating the contract and will not be placing
any further orders of fruit sorbet desserts.
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ECA – July Semester 2014
(a) Advise Soto on whether it has any basis for making the S$200 deduction from the 5
th
March order. Analyse and evaluate the legal principles and examine reasons for your
advice. You should also briefly describe Soto’s possible remedies for the 5
th
March
order.
(16 marks)
(b) Advise Soto on whether it is entitled to terminate the entire contract on 26 April and
refuse to place any further orders with D-light, given the alleged breach by D-Light.
In your advice, you should also briefly examine whether there are other possible
remedies which Soto may have against D-light. Demonstrate well developed written
proficiency.
(9 marks)
Question 2
Born-Free Pte Ltd (“Born-Free”) is a construction company that specialises in
environmentally friendly residential projects. It is struggling to survive in a competitive
market. One of its cost-cutting measures was to retrench staff. Benny has been working with
Born-Free for one year. Born-Free’s management decided to terminate the services of Benny.
The following agreement was reached between Born-Free Pte Ltd and Benny during a
meeting:
(a) Benny would vacate his position as a sales and marketing manager at a specified date;
(b) Benny would not enter into competition, directly or indirectly, with Born-Free for a
period of 6 months from the date of termination; and
(c) Benny shall not join any construction company, including construction companies
that specialise in environmentally friendly residential projects, in Singapore or
anywhere else during this 6-month period.
After leaving Born-Free, Benny incorporated a company, Live-Again Pte Ltd, which
successfully tendered for various contracts in competition with Born-Free. When approached
by Born-Free about his actions, Benny denied that statement (b) above constituted a legally
binding promise not to compete with Born-Free.
Born-Free has come to you for advice. It wants Benny, through Live-Again Pte Ltd, to
immediately stop tendering for contracts that are in competition with Born-Free.
Explain whether the terms of the agreement are enforceable and if yes, to what extent. Apply
case law and legislations to identify the remedies available to Born-Free in the event that the
courts held that there was a breach by Benny. Demonstrate well developed written
proficiency.
(20 marks)
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ECA – July Semester 2014
Question 3
John is the owner of First Class Education Pte Ltd (“FCE”). FCE is the exclusive licensee of
an education programme “Score Well” and has opened 3 “Score Well” centers in different
parts of Singapore.
John’s son, Derrick, is 22 years old. Derrick wanted to learn the business model of FCE, in
particular, the marketing strategies and hence, volunteered to work in one of the centers.
John agreed to Derrick’s suggestion to work in the “Score Well” center in Jurong and offered
him the position of an “Executive Manager”. John ordered the printing of name cards for
Derrick.
During the first week of work, Derrick took the public transport to work from their home in
Pasir Ris. The trains and buses were often crowded. Derrick felt that it would be more
comfortable to ride a motor-cycle to work. However, his parents were against him owning a
motor-cycle.
John specifically told Derrick that he was to take public transport and had to work his way
up. He further told Derrick that his role was in sales and marketing of “Score Well”
programme to schools and he was not authorised to sign any agreement on behalf of FCE.
Meanwhile, Derrick visited a showroom, Free-Rider Pte Ltd, with his best friend, Frank, to
look at the latest motor-cycle models.
Derrick was interested in one of the motor-cycles and started checking the details. The sales
manager, Harvey, attended to Derrick and gave him the brochure with all the necessary
information.
Frank told Harvey that Derrick was the “Executive Manager” of “Score Well”. Derrick
handed his name card to Harvey. Harvey was pleasantly surprised and replied that his son
went to the “Score Well” center in Jurong which was always packed with students.
Derrick mentioned that he was buying a company vehicle to enable him to move around
easily during work. Derrick agreed to buy the model recommended by Harvey, paid the
deposit of S$2,000.00 and signed the contract on behalf of FCE.
(a) Analyse and discuss whether the contract between FCE and Free-Rider Pte Ltd is
valid and binding. In your analysis, discuss whether Derrick had breached any duties
and if yes, give examples of duties that have been breached.
(16 marks)
(b) Advise John on the approaches that a principal could adopt to limit an agent’s
authority. Discuss which is the most pragmatic approach for John and explain it to
John. Demonstrate well developed written proficiency.
(4 marks)
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ECA – July Semester 2014
SECTION B (Total 25 marks)
Prepare a video recording of the presentation of at least 3 minutes but not exceeding 6
minutes.
(25 marks)
Note: Students should select only ONE (1) question (out of the three questions in Section A
above) for the video presentation. There is no need to show the Powerpoint slides in the
video.
SECTION C (Total 10 marks)
Prepare a set of Powerpoint slides upon which the video presentation is based.
(10 marks)
Note: Students should select the same ONE (1) question which he/she had selected for
Section B above.
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