Guidelines

Calibri / New Times Roman/Arial : Font Size 12

Single spacing
Clear numbering of paragraphs and sub points
Set page margin at 2.5 cm or Word default at 1inch all round
Number the page
Italic and underline the name of the case Chew Kin Keong & Others v
Digilandmall.com Pte Ltd (2004) including the date if available. Not
necessary to cite the textbook paragraph : 4-209

Answer to Question 1 (i)

1. Introduction (Lay out the important and relevant legal issue/s you
have identified in the case. This is the most important part of the
essay as wrong identification of the legal issues will indicate to the
reader that you have missed out the real issues or worse, you did not
understand the question. Your answer or advice would likely follow the
issues you have identified. Please take your time to identify the issues
carefully)
The question is about the nature of the term/s of the contract between
Mr. Pansacola and Starplus, and whether the court will rule in favour of
Mr. Pansacola or Starplus. To do so, we would need to consider the
following issues:
(a) The nature of the terms of the contract between the two parties;
and
(b)The contractual rights and liabilities of both parties, Mr. Pansacola
and Starplus.
2. Pre-contractual statements of a contract (Exploration of the legal
principles applicable to the facts)
To determine the terms of the contract, we would need to examine the
issue relating to pre-contractual statements made before the contract.
Pre-contractual statement can be classified as follows: (Explain the
specific principles and cite the supporting cases)
(a) A pre-contractual statement may contain puffs, representations and
terms. Puffs are statements without any contractual liability.
Dimmock v Hallet) (1866) An example of a puff would be the
example this is the best restaurant in town for sale.
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(b)A representation is a statement made before the contract and if it

is false, the affected party may sue for misrepresentation. (Behn v
Burness)(1863). The contract remains on foot and the affected
party is not allowed to repudiate the contract.
(c) Terms are statements which form part of the contract. A breach of
a term may result in repudiation of the contract Jet Holdings Limited
v Cooper Cameron
(d)The main distinction between a term and a representation is
whether a party intends to attract contractual liability in respect of
the statement. Tan Chin Seng v Raffles Town Club (date)
3. Guidelines to Distinguish Between Terms and Representations
To determine what is a term or a representation, the courts have
developed the following guidelines:
(a) When the statement is made (please cite the case supporting this
principle)
(b)XXXX
4. Application of the legal principles to the facts of the case
(Show how you apply the applicable legal principles to resolve the
issues you have identified in the question)
To determine the rights of Mr. Pansacola, we would need to consider
the following pre-contractual statements as to whether they formed
part of the terms of the contract:
(a) The requirement for Mr. Pansacola to be present 5 days
before the start of the concert to acclimatize and practise
his singing. (Argue or lay out both sides of the arguments to the
issue/s identified and then coming to your own conclusion)
It is suggested that this is a term of the contract and breach of this
term will result in Starplus being able to repudiate the contract. In
Spiers, it was held that the failure to be present to practice before a
concert amounts to a breach of the contract.
However in Bettini v Gye, it was held that the failure to be does
not amount to a term and therefore ..Based on the facts of the
case, it is suggested that the requirement to be present 5 days
before the contract is a term
5. Conclusion (Summarizing the key conclusion/s or the legal advice
that you will give to the client)
Based on the above it is suggested that ..