Professional Documents
Culture Documents
Discharge
To
determine
weather
Amy
has
a
claim
against
Happy
Pets
Ltd,
it
is
necessary
to
determine
if
Happy
Pets
Ltd
has
breached
its
duties
to
Amy
as
a
consumer
under
the
Sale
of
Goods
Act
(SGA).
When
a
person
purchases
goods
from
another,
there
would
be
a
contract
of
sale
between
the
seller
and
the
purchaser.
There
are
many
rules
regarding
this
transaction
which
is
outlined
by
the
Sale
of
Goods
Act
(SGA).
Under
the
contract
to
supply
the
dog
food
to
Amy
by
Happy
Pets
Ltd,
there
was
an
express
term
that
stated
that
Happy
Pets
Ltd
will
provide
six
months
worth
of
supply
of
dog
food
and
it
is
to
be
paid
for
on
a
monthly
basis.
From
this
term,
it
can
be
deduced
that
the
payments
for
performance
(delivery
of
dog
food)
are
divisible
across
the
months.
According
to
the
case,
Amy
claimed
that
after
the
delivery
of
the
first
batch
of
dog
food
and
upon
consumption,
it
caused
her
dogs
to
become
ill
and
die
within
2
weeks.
Following
this,
under
Section
14(2B)
of
SGA
which
states
that
when
the
seller
is
selling
in
the
course
of
business,
it
is
an
implied
term
that
the
goods
supplied
under
the
contract
will
be
of
satisfactory
quality
which
includes
safety
and
fit
for
purpose.
Since
the
dog
food
supplied
under
the
contract
was
assumed
to
be
the
cause
of
death
of
Amys
dogs,
there
might
have
been
a
breach
of
S14(2).
As
such,
Amy
has
the
right
to
repudiate
the
contract
and
reject
the
future
goods
(remaining
batches
of
dog
food)
and
claim
for
damages.
Following
the
establishment
of
a
breach
in
contract,
Amy
can
claim
for
damages
against
Happy
Pets
Ltd.
Give
that
there
is
an
express
limitation
clause
that
states
that
any
liability
for
the
defective
product
is
limited
to
the
contract
price,
Amy
would
only
be
able
to
claim
for
liquidated
damages
limited
to
the
contract
price.
However,
according
to
Section
2(1)
of
the
Unfair
Terms
Act,
the
exclusion
clause
is
invalid
in
relation
to
personal
injury
or
death,
as
was
the
case
in
the
situation
mentioned
above.
As
such,
Amy
can
seek
remedies
for
unliquidated
damages,
provided
that
she
can
prove
that
she
suffered
a
loss
from
the
deaths
of
her
dogs.
With
respect
to
the
prize
monies,
Amy
will
be
unable
to
claim
for
expectation
loss
as
she
had
only
intended
to
enter
her
dogs
for
the
competition
and
had
yet
to,
making
it
difficult
to
prove
that
she
had
a
real
and
substantial
chance
of
obtaining
the
monies
and
be
able
to
sue
for
the
chance
[MK
Distripark
Pte
Ltd
v
Pedder
Warehousind
&
Logistics
(S)
Pte
Ltd
(2013)].
Additionally,
it
is
difficult
for
Amy
to
raise
the
principle
of
Res
Ipsa
Loquitor,
as
the
given
facts
do
not
prove
concretely
that
the
cause
of
death
is
directly
related
to
the
consumption
of
Happy
Pets
Ltds
dog
food.
In
contrast,
Amy
can
claim
for
reliance
loss
resulting
from
the
illness
of
her
dogs
such
as
veterinary
expenditure.
In
relation
to
her
claims
for
distress
and
damages
for
injured
feelings,
it
is
not
possible
for
Amy
to
make
such
a
claim
because
the
damages
are
considered
to
be
too
remote
[Haron
bin
Mundir
v
Singapore
Amateur
Athletic
Association
(1992)].
The
above
mentioned
remedies
can
only
be
claimed
in
the
event
Happy
Pets
Ltd
is
found
to
have
breached
the
contract
by
causing
the
death
of
Amys
dogs
due
to
its
product,
as
mentioned
by
Section
14
of
Sale
of
Goods
Act.
On
the
other
hand,
if
Happy
Pets
Ltd
can
either
prove
that
the
cause
of
death
of
the
dogs
was
not
directly
due
to
the
dog
food
provided
by
them,
but
rather
a
third
factor
that
resulted
in
a
coincidental
death
that
occurred
2
weeks
after
the
change
in
dog
food
consumption
by
the
dogs,
then
Happy
Pets
Ltd
can
defend
itself
from
being
liable
for
the
deaths
of
Amys
dogs,
reducing
their
liability.
Or
if
found
to
be
liable
for
the
deaths
of
the
dogs,
the
company
is
able
to
prove
that
Amy
did
not
mitigate
her
loss,
meaning
that
she
did
not
take
reasonable
steps
to
try
and
cure
her
dogs,
then
she
will
receive
less
or
no
damages.
Upon
consideration
of
the
above
facts,
in
my
opinion
Happy
Pets
Ltd
should
be
liable
for
the
deaths
of
Amys
dogs.
Since
Amy
kept
expensive
pedigree
dogs,
it
is
reasonable
to
assume
that
she
constantly
monitored
and
maintained
her
dogs
health,
especially
given
intentions
to
enter
her
dogs
into
competitions
for
prize
monies.
Upon
changing
the
type
of
dog
food
given
to
the
dogs,
it
is
too
big
of
a
coincidence
that
the
dogs
fell
ill
and
died
within
2
weeks.
A
probable
cause
of
death
could
be
the
fact
that
the
dog
food
may
have
had
some
form
of
chemical
or
contamination
that
caused
slow
poisoning
of
the
dogs,
killing
them.
In
conclusion,
it
is
clear
that
Happy
Pets
Ltd
has
neglected
their
duty
of
care
and
breached
Sections
14
of
SGA
and
2(1)
of
the
Unfair
Terms
Act.
These
breaches
would
grant
Amy
a
right
to
make
claims
against
Happy
Pets
Ltd
and
would
allow
her
to
terminate
the
contract
and
claim
for
damages.
Given
that
Amy
had
already
began
work
on
the
spa
shop
for
her
client,
but
did
not
complete
the
entire
performance
to
complete
the
project,
the
general
rule
states
that
she
is
not
entitled
to
any
payments.
However,
if
Amy
can
prove
either
substantial
performance
or
that
the
contract
is
divisible
in
nature,
she
may
be
able
to
make
a
claim.
With
regards
to
substantial
performance,
if
there
is
no
complete
performance
but
there
is
substantial
performance
completed
(generally
assumed
to
be
about
75%
or
more),
Amy
may
nonetheless
be
able
to
claim
the
contract
price,
less
the
cost
of
making
good
any
omissions
or
defects
in
the
execution.
However,
if
the
obligation
under
the
contract
is
an
entire
one,
even
if
there
is
substantial
performance,
it
may
not
be
possible
to
make
the
claim.
Based
on
the
nature
of
the
contract
which
includes
designing
and
renovating
the
spa
shop,
it
can
be
assumed
that
the
contract
requires
complete
performance,
and
as
such
Amy
will
not
be
entitled
to
any
payment
whatsoever.
However,
if
the
contract
can
be
divisible
into
performance
by
parts,
Amy
would
be
able
to
claim
partial
payment
for
the
completed
portion
based
on
a
quantum
meruit
basis
(payment
based
on
the
value
of
services
mentioned).
In
this
case,
I
believe
that
as
the
contract
requires
two
activities
to
be
completed,
designing
and
renovating,
it
is
possible
to
split
the
performance
into
two
parts.
As
such
if
Amy
has
completed
the
designing
of
the
spa
shop,
she
can
claim
payment
for
her
designing
service,
based
on
the
quantum
meruit
basis.
In
conclusion,
Amy
should
be
entitled
to
partial
payment
for
her
designing
services
of
the
spa
shop,
provided
she
has
completed
it.
Intellectual
Property
Weather
Sweet
Secrets
has
a
claim
against
Sweetest
Secrets,
it
is
necessary
to
determine
if
Sweetest
Secrets
has
infringed
Sweet
Secretss
trade
mark.
Trade
marks
are
used
to
distinguish
goods
or
services
provided
by
a
business
from
those
provided
by
others.
Under
Section
2
of
the
Trade
Marks
Act
(TMA),
a
trade
mark
is
basically
a
sign
capable
of
being
graphically
represented
and
which
is
capable
of
distinguishing
goods
or
services
provided
in
the
course
of
sale
by
one
person
from
goods
or
services
provided
by
any
other
person.
The
term
sign
includes
any
letter,
word,
name,
signature,
numeral,
share,
colour
and
aspect
of
packaging,
or
any
combination
thereof.
Given
the
facts
that
Sweet
Secrets
is
a
well-known
cake
shop
in
Singapore
and
has
been
in
operations
since
1985,
it
can
be
assumed
that
the
trade
marks
of
Sweet
Secrets
is
registered.
However,
under
TMA
Section
7(1c)
which
states
that
if
the
mark
is
indicative
of
the
kind,
quality,
intended
purpose,
value,
geographical
origin,
or
time
or
production
or
other
characteristics
of
the
goods
or
services,
then
it
cannot
be
registered.
Based
on
the
facts
provided
by
the
question,
Sweetest
Secrets
cannot
be
registered
as
a
trade
mark
because
it
is
a
direct
description
of
the
goods
(candies
and
sweets)
as
well
as
the
quality.
Additionally,
under
Section
7(4)
of
TMA
which
provides
that
if
the
trade
mark
is
contrary
to
public
policy
or
intended
to
deceive
the
public,
Sweetest
Secrets
is
too
similar
in
name
to
Sweet
Secrets
which
may
confuse
the
general
public
and
cannot
be
registered.
Hence,
Sweet
Secrets
can
sue
Sweetest
Secrets
for
inappropriate
registration
of
trademark.
Under
Section
27(3)
outlines
that
a
person
infringes
a
trademark
which
is
well
known
in
Singapore
if
without
the
consent
of
the
proprietor
of
the
trademark,
he
uses
in
the
course
of
trade
a
sign
which
is
identical
with
or
similar
to
the
trademark,
in
relation
to
goods
or
services
which
are
not
similar
to
those
for
which
the
trademark
is
registered,
the
use
of
the
trademark
in
relation
to
those
goods
or
services
would
indicate
a
connection
between
those
goods
or
service
and
the
proprietor,
the
use
of
the
trademark
in
relation
to
those
goods
or
services
would
indicate
there
exists
likelihood
of
confusion
on
the
part
of
the
public
because
of
such
use,
and
the
interests
of
the
proprietor
are
likely
to
be
damages
by
such
use.
Since
Sweet
Secrets
has
been
in
operation
since
1985
and
is
a
well-established
cake
shop,
using
the
trade
mark
Sweetest
Secrets
may
cause
the
public
to
form
a
connection
between
the
2
shops
and
get
misguided
and
confused.
As
such,
this
likelihood
of
confusion
on
the
part
of
the
public
will
cause
the
interests
of
Sweet
Secrets
to
be
damaged
by
such
use.
Hence,
Sweet
Secrets
can
sue
Sweetest
Secrets
for
infringement
of
trademarks
and
seek
an
injunction,
obtain
damages
and
account
for
profits
made,
by
virtue
of
Section
31
of
TMA.
In
conclusion,
Sweet
Secrets
is
able
to
seek
an
injunction
against
Sweetest
Secrets
registered
trademarks
for
breach
of
sections
7(1),
7(4)
and
27(3)
of
TMA
and
therefore
can
obtain
damages
and
account
for
profits
made.