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BUSINESS LAW ASSIGNMENT


MANAGEMENT DEVELOPMENT INSTITUTE OF SINGAPORE


                   UNIVERSITY OF BRADFORD
                 DIPLOMA IN BUSINESS MANAGEMENT


                    COURSE CODE – ABMD1 1160A


                     BUSINESS LAW ASSIGNMENT




                          GROUP MEMBERS
 NO                 NAME                   FIN NO.            PM



  1              Subham Patodia           G1105278P

  2               Nav Punjwani
  3          Daniyar Zhuldyzbayev


                            DATE: 15/12/2011




      ANALYSIS                      /40
  RESEARCH                          /30
 ORGANIZATION                       /15
 PRESENTATION                       /15


                                  Name of Lecturer: Mr. Daniel Theyagu




                                                                         1
BUSINESS LAW ASSIGNMENT


     CONTRIBUTION TO THE CLASS ASSIGNMENT MADE BY
                         INDIVIDUAL CANDIDATES




1. NAME – Subham Patodia did research on the working of Singapore court

structure and their analysis . Also was responsible for the picking up advertisement from

the local newspaper and explaining them .

2. NAME - ….

3. NAME …




                                                                                        2
BUSINESS LAW ASSIGNMENT
                                           TABLE OF CONTENTS




QUESTION – 1 ............................................................................................................................. 4
SINGAPORE COURT STRUCTURE ......................................................................................... 5
  ESSAY on Question 1: ..................................................................................................... 6
  COURT OF APPEAL ........................................................................................................... 6
  HIGH COURT .................................................................................................................... 6
  SUBORDINATE COURT ..................................................................................................... 7
QUESTION THREE ..................................................................................................................... 9
AN EXAMPLE OF A NEWSPAPER ADVERTISEMENT THAT IS AN OFFER .............................. 9
AN EXAMPLE OF A NEWSPAPER ADVERTISEMENT THAT IS AN INVITATION TO TREAT .. 10
AN EXAMPLE OF A NEWSPAPER ADVERTISEMENT THAT IS A TENDER NOTICE ............... 11
AN EXAMPLE OF AN NEWSPAPER ADVERTISEMENT THAT IS A NOTICE .......................... 12
REFRENCES............................................................................................................................... 13
3.     DECLARATION ................................................................................................................. 14




                                                                                                                                          3
BUSINESS LAW ASSIGNMENT


QUESTION – 1


WITH THE AID OF A DIAGRAM SHOW HOW THE SINGAPORE COURT
STRUCTURE WORKS & THE VARIOUS JURISDISTRICT LIMITS OF THE
COURT. YOUR DIAGRAME MUST BE ORIGINAL & EFFECTIVE IN
EXPLANING HOW THE CONCEPT OF STARE DECISIS ALSO WORKS WITH
THE COURT OF STRUCTURE.




                                                         4
BUSINESS LAW ASSIGNMENT


    SINGAPORE COURT STRUCTURE




                  COURT OF APPEAL




                        HIGH COURT



                    SUBORDINATE
                       COURT




DISTRICT   MAGISTRATE                              SMALL
                            CORONER’S   JUVENILE
 COURT          S                                  CLAIMS
                              COURT      COURT
             COURT                                 COURT




                                                    5
BUSINESS LAW ASSIGNMENT

ESSAY on Question 1:
COURT OF APPEAL

The Court of Appeal hears appeals against the decisions of High Court Judges in both
civil and criminal matters. It became Singapore's final court of appeal on 8 April 1994,
when appeals to the Judicial Committee of the Privy Council were abolished.

In general, the Court hears civil appeals from decisions of the High Court made in the
exercise of the latter's original and appellate jurisdiction that is, decisions on cases that
started in the High Court as well as decisions that were appealed from the Subordinate
Courts to the High Court. Criminal cases involving offences which carry the death
penalty and generally the punishment is with imprisonment for exceeding ten years.

The Court of Appeal is usually made up of three Judges. However, certain appeals
including those against interlocutory orders, may be heard by only two Judges. If
necessary the Court of Appeal may comprise five or any greater uneven number of
Judges.

HIGH COURT

The High Court consists of the Chief Justice and the Judges of the High Court. It hears
appeals from criminal cases originating in the District Courts and Magistrates Courts. It
hears and determines the questions of law arising on cases stated, amends or reverses the
subordinate court's decision on the matter occured or makes any other order that it sees fit.

In addition, the High Court has general supervisory and revisionary jurisdiction over all
subordinate courts in any civil or criminal matter.

If the interests of justice appear to require it the Court may either of its own motion or if
requested by any interested person, call for the records of any matter or proceeding in a
subordinate court, whether civil or criminal, at any stage.



                                                                                           6
BUSINESS LAW ASSIGNMENT
If there are conflicting High Court decisions, it is up to the Court of Appeal to decide
which decision is correct.

SUBORDINATE COURT

The Subordinate Courts are committed to providing essay to information that may be of
relevant use to the court users. Decision made here is not binding on the Higher Court
and does not have to follow its own previous made decision The judges, magistrates, and
registrars of the Subordinate Courts are all legal service officers and serve under the
supervision and control of Singapore's Legal Service Commission. Judges and
magistrates are appointed by the President upon the recommendation of the Chief Justice.
The courts under subordinate court are:

District Court

District Courts hear offences where the maximum imprisonment term does not exceed 10
years. District Courts can sentence a person to imprisonment for no more than 7 years, a
fine not exceeding $10,000 and up to 12 strokes of cane.


Magistrates Courts

Magistrates' Courts hear offences where the maximum
Imprisonment term does not exceed 3 years. Magistrates'
Courts can sentence a person to imprisonment for no more than 2 years, a fine not
exceeding $2,000 and up to 6 strokes of cane.


Coroners Court

The Coroner is a Magistrate or District Judge of the Subordinate Court. The Coroner's
Court deals with cases that are classified by the Police as Coroner’s cases. The Coroner's
Court holds an inquiry when there is reason to suspect that a person has died in a sudden
or unnatural manner. Examples include suspected suicides, traffic accidents, prison
deaths etc.




                                                                                        7
BUSINESS LAW ASSIGNMENT
Juvenile Court

Juvenile Courts handle crimes committed by minors, usually below the age of 16 and
Family Courts handle domestic problems like divorce, adoption proceedings, child
marriage, spousal issues etc.


Small Claim Court

Various other tribunals as well as in Syrah courts and military courts running parallel to
subordinate courts also exercise judicial power.




                                                                                        8
BUSINESS LAW ASSIGNMENT
QUESTION THREE


AN EXAMPLE OF A NEWSPAPER ADVERTISEMENT THAT IS AN
OFFER




EXPLANATION:
This advertisement is an offer because the intention of the party making the
advertisement is clear and capable of being accepted without further bargaining . There is
bundle offer of over 250 brands in the Mega Expo Sale . As in the advertisement display
there are different types of items for different categories of choices . For example – the
special plush toys which is offered for $15 , the Bossini men’s shirt offered at $19 each .
We can also consider Jean perry which is offered for a reasonable price of $69.
The intention of the advertisers is clear and capable of being accepted by public with no
further bargaining .Public is deemed to accept the terms and condition as stated by the
offeror .




                                                                                         9
BUSINESS LAW ASSIGNMENT



AN EXAMPLE OF A NEWSPAPER ADVERTISEMENT THAT IS AN
INVITATION TO TREAT




EXPLANATION
This advertisement is an invitation to treat because there is an clear intention of further
bargaining in the form of an invitation to commence further negotiation .The above
advertisement illustrates, invitation to treat as it is inviating people for making a trip from
Singapore to Auckland. There is a clear intention of further bargaining as the price is not
fixed and is not reliable for making a fix deal . The above starter fare are starting from
$448 and Business fare is starting from $798 . They also have mentioned the airlines
jetstar , which in one way could help people for further enxity .There is a probability for
further negotiation which could help to convince people .




                                                                                            10
BUSINESS LAW ASSIGNMENT


AN EXAMPLE OF A NEWSPAPER ADVERTISEMENT THAT IS A
TENDER NOTICE




EXPLANATION :

This advertisement illustrates tender notice as it is an offer to do or perform an act which
the party offering , is bound to perform to the party to whom the offer is made . In the
above advertisement Sinagpore Island Country Club is giving an unconditional offer to
the public for the supply and deliver live seafood at 180 Island club road, Singapore .
There is a contract validation period from 1st February 2012 to 31 July 2012 . The closing
date is given as 9 December 2011 befire 12.00 noon. Moreover, it is a government
certified organization.
Singapore Island Country Club is performing an act (supply and deliver of goods) which
is bound to perform to a party (public) to whom the offer is made .



                                                                                         11
BUSINESS LAW ASSIGNMENT


AN EXAMPLE OF AN NEWSPAPER ADVERTISEMENT THAT IS
A NOTICE




EXPLANATION:
This advertisement is a notice as it a written or a formal invitation, notification, warning
about the fact . In the above advertisement Pixma(Canon) is giving a formal invitation as
well as information about its product .There is a complete information about the printer
as well as its usage and functioning .This advertisement is public appealing as it is
offering 4 free ink box with it .They are offereing product traning with every purchase,
which is very beneficial for the new buyers, along with that there is 2 years product
warranty. This advertisement is clear indication of a decent product which has been
relieable according to its functions and productivity.



                                                                                         12
BUSINESS LAW ASSIGNMENT
REFRENCES



 1. www.acra.gov.sg

 2. http://en.wikipedia.org/wiki/High_Court_of_Singapore

 3. http://app.supremecourt.gov.sg/default.aspx?pgID=1




                                                           13
BUSINESS LAW ASSIGNMENT
       DECLARATION


We declare that this assignment is our original work and that any external
references made has been properly verified and authenticated. We have not
plagiarised any past work from any source. We understand that plagiarism is a
serious matter and that if found responsible that this assignment will be rejected.


Name and Signature of Group Members:


   1. Subham Patodia , G1105278P
   2. Nav Punjwani
   3.Daniyar Zhuldyzbayev




                                                                                      14

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Bl assignment1 final

  • 1. BUSINESS LAW ASSIGNMENT MANAGEMENT DEVELOPMENT INSTITUTE OF SINGAPORE UNIVERSITY OF BRADFORD DIPLOMA IN BUSINESS MANAGEMENT COURSE CODE – ABMD1 1160A BUSINESS LAW ASSIGNMENT GROUP MEMBERS NO NAME FIN NO. PM 1 Subham Patodia G1105278P 2 Nav Punjwani 3 Daniyar Zhuldyzbayev DATE: 15/12/2011 ANALYSIS /40 RESEARCH /30 ORGANIZATION /15 PRESENTATION /15 Name of Lecturer: Mr. Daniel Theyagu 1
  • 2. BUSINESS LAW ASSIGNMENT CONTRIBUTION TO THE CLASS ASSIGNMENT MADE BY INDIVIDUAL CANDIDATES 1. NAME – Subham Patodia did research on the working of Singapore court structure and their analysis . Also was responsible for the picking up advertisement from the local newspaper and explaining them . 2. NAME - …. 3. NAME … 2
  • 3. BUSINESS LAW ASSIGNMENT TABLE OF CONTENTS QUESTION – 1 ............................................................................................................................. 4 SINGAPORE COURT STRUCTURE ......................................................................................... 5 ESSAY on Question 1: ..................................................................................................... 6 COURT OF APPEAL ........................................................................................................... 6 HIGH COURT .................................................................................................................... 6 SUBORDINATE COURT ..................................................................................................... 7 QUESTION THREE ..................................................................................................................... 9 AN EXAMPLE OF A NEWSPAPER ADVERTISEMENT THAT IS AN OFFER .............................. 9 AN EXAMPLE OF A NEWSPAPER ADVERTISEMENT THAT IS AN INVITATION TO TREAT .. 10 AN EXAMPLE OF A NEWSPAPER ADVERTISEMENT THAT IS A TENDER NOTICE ............... 11 AN EXAMPLE OF AN NEWSPAPER ADVERTISEMENT THAT IS A NOTICE .......................... 12 REFRENCES............................................................................................................................... 13 3. DECLARATION ................................................................................................................. 14 3
  • 4. BUSINESS LAW ASSIGNMENT QUESTION – 1 WITH THE AID OF A DIAGRAM SHOW HOW THE SINGAPORE COURT STRUCTURE WORKS & THE VARIOUS JURISDISTRICT LIMITS OF THE COURT. YOUR DIAGRAME MUST BE ORIGINAL & EFFECTIVE IN EXPLANING HOW THE CONCEPT OF STARE DECISIS ALSO WORKS WITH THE COURT OF STRUCTURE. 4
  • 5. BUSINESS LAW ASSIGNMENT SINGAPORE COURT STRUCTURE COURT OF APPEAL HIGH COURT SUBORDINATE COURT DISTRICT MAGISTRATE SMALL CORONER’S JUVENILE COURT S CLAIMS COURT COURT COURT COURT 5
  • 6. BUSINESS LAW ASSIGNMENT ESSAY on Question 1: COURT OF APPEAL The Court of Appeal hears appeals against the decisions of High Court Judges in both civil and criminal matters. It became Singapore's final court of appeal on 8 April 1994, when appeals to the Judicial Committee of the Privy Council were abolished. In general, the Court hears civil appeals from decisions of the High Court made in the exercise of the latter's original and appellate jurisdiction that is, decisions on cases that started in the High Court as well as decisions that were appealed from the Subordinate Courts to the High Court. Criminal cases involving offences which carry the death penalty and generally the punishment is with imprisonment for exceeding ten years. The Court of Appeal is usually made up of three Judges. However, certain appeals including those against interlocutory orders, may be heard by only two Judges. If necessary the Court of Appeal may comprise five or any greater uneven number of Judges. HIGH COURT The High Court consists of the Chief Justice and the Judges of the High Court. It hears appeals from criminal cases originating in the District Courts and Magistrates Courts. It hears and determines the questions of law arising on cases stated, amends or reverses the subordinate court's decision on the matter occured or makes any other order that it sees fit. In addition, the High Court has general supervisory and revisionary jurisdiction over all subordinate courts in any civil or criminal matter. If the interests of justice appear to require it the Court may either of its own motion or if requested by any interested person, call for the records of any matter or proceeding in a subordinate court, whether civil or criminal, at any stage. 6
  • 7. BUSINESS LAW ASSIGNMENT If there are conflicting High Court decisions, it is up to the Court of Appeal to decide which decision is correct. SUBORDINATE COURT The Subordinate Courts are committed to providing essay to information that may be of relevant use to the court users. Decision made here is not binding on the Higher Court and does not have to follow its own previous made decision The judges, magistrates, and registrars of the Subordinate Courts are all legal service officers and serve under the supervision and control of Singapore's Legal Service Commission. Judges and magistrates are appointed by the President upon the recommendation of the Chief Justice. The courts under subordinate court are: District Court District Courts hear offences where the maximum imprisonment term does not exceed 10 years. District Courts can sentence a person to imprisonment for no more than 7 years, a fine not exceeding $10,000 and up to 12 strokes of cane. Magistrates Courts Magistrates' Courts hear offences where the maximum Imprisonment term does not exceed 3 years. Magistrates' Courts can sentence a person to imprisonment for no more than 2 years, a fine not exceeding $2,000 and up to 6 strokes of cane. Coroners Court The Coroner is a Magistrate or District Judge of the Subordinate Court. The Coroner's Court deals with cases that are classified by the Police as Coroner’s cases. The Coroner's Court holds an inquiry when there is reason to suspect that a person has died in a sudden or unnatural manner. Examples include suspected suicides, traffic accidents, prison deaths etc. 7
  • 8. BUSINESS LAW ASSIGNMENT Juvenile Court Juvenile Courts handle crimes committed by minors, usually below the age of 16 and Family Courts handle domestic problems like divorce, adoption proceedings, child marriage, spousal issues etc. Small Claim Court Various other tribunals as well as in Syrah courts and military courts running parallel to subordinate courts also exercise judicial power. 8
  • 9. BUSINESS LAW ASSIGNMENT QUESTION THREE AN EXAMPLE OF A NEWSPAPER ADVERTISEMENT THAT IS AN OFFER EXPLANATION: This advertisement is an offer because the intention of the party making the advertisement is clear and capable of being accepted without further bargaining . There is bundle offer of over 250 brands in the Mega Expo Sale . As in the advertisement display there are different types of items for different categories of choices . For example – the special plush toys which is offered for $15 , the Bossini men’s shirt offered at $19 each . We can also consider Jean perry which is offered for a reasonable price of $69. The intention of the advertisers is clear and capable of being accepted by public with no further bargaining .Public is deemed to accept the terms and condition as stated by the offeror . 9
  • 10. BUSINESS LAW ASSIGNMENT AN EXAMPLE OF A NEWSPAPER ADVERTISEMENT THAT IS AN INVITATION TO TREAT EXPLANATION This advertisement is an invitation to treat because there is an clear intention of further bargaining in the form of an invitation to commence further negotiation .The above advertisement illustrates, invitation to treat as it is inviating people for making a trip from Singapore to Auckland. There is a clear intention of further bargaining as the price is not fixed and is not reliable for making a fix deal . The above starter fare are starting from $448 and Business fare is starting from $798 . They also have mentioned the airlines jetstar , which in one way could help people for further enxity .There is a probability for further negotiation which could help to convince people . 10
  • 11. BUSINESS LAW ASSIGNMENT AN EXAMPLE OF A NEWSPAPER ADVERTISEMENT THAT IS A TENDER NOTICE EXPLANATION : This advertisement illustrates tender notice as it is an offer to do or perform an act which the party offering , is bound to perform to the party to whom the offer is made . In the above advertisement Sinagpore Island Country Club is giving an unconditional offer to the public for the supply and deliver live seafood at 180 Island club road, Singapore . There is a contract validation period from 1st February 2012 to 31 July 2012 . The closing date is given as 9 December 2011 befire 12.00 noon. Moreover, it is a government certified organization. Singapore Island Country Club is performing an act (supply and deliver of goods) which is bound to perform to a party (public) to whom the offer is made . 11
  • 12. BUSINESS LAW ASSIGNMENT AN EXAMPLE OF AN NEWSPAPER ADVERTISEMENT THAT IS A NOTICE EXPLANATION: This advertisement is a notice as it a written or a formal invitation, notification, warning about the fact . In the above advertisement Pixma(Canon) is giving a formal invitation as well as information about its product .There is a complete information about the printer as well as its usage and functioning .This advertisement is public appealing as it is offering 4 free ink box with it .They are offereing product traning with every purchase, which is very beneficial for the new buyers, along with that there is 2 years product warranty. This advertisement is clear indication of a decent product which has been relieable according to its functions and productivity. 12
  • 13. BUSINESS LAW ASSIGNMENT REFRENCES 1. www.acra.gov.sg 2. http://en.wikipedia.org/wiki/High_Court_of_Singapore 3. http://app.supremecourt.gov.sg/default.aspx?pgID=1 13
  • 14. BUSINESS LAW ASSIGNMENT DECLARATION We declare that this assignment is our original work and that any external references made has been properly verified and authenticated. We have not plagiarised any past work from any source. We understand that plagiarism is a serious matter and that if found responsible that this assignment will be rejected. Name and Signature of Group Members: 1. Subham Patodia , G1105278P 2. Nav Punjwani 3.Daniyar Zhuldyzbayev 14