FIN NO.:
BATCH NO.:
MODULE: BUSINESS LAW
LECTURER: MR MAHADEVAN LUKSHUMAYEH
Question: In early 2013, Beauty property developer negotiated with Stylish over a new house in the eastern sector of Singapore. Beauty and Stylish had various meetings about the cost and finish of the house. At one of their meetings, Stylish asked Beauty whether the price of the house included curtains, blinds and window coverings. Beauty explained that all window coverings were provided for in the contract.
Several weeks later Stylish agreed to purchase the proposed house and signed a written contract. The contract however contained the following clause:
Clause 3 – The contract price of the house excludes all window coverings. The provision of curtains, blinds or other window coverings is the responsibility of the purchaser and will not be provided pursuant to this contract.
The house was completed in late 2013. Stylish was upset when after taking possession of the keys he realised that blinds, curtains and other window coverings were not provided in the new house.
Advice Stylish of his contractual rights in relation to the window coverings
Including a discussion of appropriate remedies.
This case is a valid contract because the law does not require contracts to be written in the text for it to be legal. The contract can be spoken, written, or partly oral and partly written or implied behavior. Therefore, Stylish can sue Beauty for the contract. In this case, Beauty has not complied with the contract as not equip curtains, blinds and window coverings as promised under contract with Stylish, as required in the pre-contractual statement was made by Beauty. The pre-contractual statement is part of the currency of the contract and it is made before signing the contract. Pre-contractual statement can push the other party to sign the contract. If Beauty does not make a statement before, Stylish probably will not sign a contract or will require a few changes in contract