Assignment
Case Study
Your GBA group is working late on an assignment and decides to order food from an online portal: https://www.tampopo.oddle.me/
Term and condition site : https://www.tampopo.oddle.me/terms-conditions Carefully review the terms and conditions of the portal and answer the following questions.
It is important that your analysis should include case law, examples and reasons to support your views.
For the purposes of this assignment, it is not mandatory to refer the Sale of Goods Act, Cap. 393 of Singapore and the Consumer Protection (Fair Trading) Act, Cap. 52A of Singapore.
Question 1B
From the terms and conditions stated in the website, identify one condition and one warranty. Explain and analyse why you have identified these statements as a condition and warranty respectively.
Describe a scenario where the condition is breached, and explain the remedy (or remedies) which may be applicable.
Explain why the significance of categorization of a term as a condition or a warranty as been diluted in the context of Singapore law.
Discuss two possible implied terms that would be relevant to the contract arising from the above transaction. In your analysis, you should cite the relevant legal principles to support your views.
Explain the key effects of the Contracts (Rights of Third Parties) Act, Cap. 53B of Singapore vis-à-vis the common law position relating to privity of contract.
Based on the terms and conditions of the online portal, discuss whether a third party is able to commence a legal action against the vendor.
Conclude with your view (and reasons) on whether the Act is fair.