Case: One day, Jay saw a banner hanging in front of her favorite cassette store outlet in Alamanda which reads: " BIG SALES! LATEST TOO PHAT'S ALBUM IS UP FOR GRABS WITH 50% DISCOUNT! LIMITED STOCK! HURRY, HURRY, HURRY!". After reading it, Jay immediately jumped in the outlet and said she wanted that album at the said discounted price. But to her disappointment, the shop owner said that the cassette is now sold at normal price. Can Jay sue the shop owner for breach of contract? Discuss according to Contracts Act 1950 and relevant decided cases(s).
Solution: From the banner hanging in front of the cassette store which reads:" BIG SALES! LATEST TOO PHAT'S ALBUM IS UP FOR GRABS WITH 50% DISCOUNT! LIMITED STOCK! HURRY, HURRY, HURRY!" is just the invitation to treat by the shop owner, NOT an offer. It is just an invitation to make an offer from shop owner. And also, it is a sort of preliminary negotiation to buy something. Due to it is just an invitation to treat(ITT), there is NO legally binding contract between Jay and the shop owner. Thus, Jay cannot sue the shop owner for breach of contract because there is not an agreement enforceable by law.
Relevant cases: 1) Pharmaceutical Society of Great Britain V. Boots Cash Chemist Fact: The defendant was prosecuted for selling drugs (poison) without the presence of a qualified pharmacist. The customer selected the drug and put in the basket and has not paid yet to the cashier.
Held: Displaying of medicine in the pharmacy is merely an invitation to treat and not offer. When the customers put the goods in the basket, they offer to but them and the sale will take place at the cashier's desk if the cashier accepts the price. 2) Fisher v. Bell (1961) Fact: The defendant displayed flick knives in his shop windows. He was then convicted of a criminal offence of offering such knives for sale.
Held: Display of any goods with a price tag on it in a ship window was not an offer but rather it was an invitation to treat.
Doctrine of Stare Decisis also known as doctrine of binding judicial precedent. It holds that judges are bound to follow the decision made by other judges before them in dealing with cases with similar facts. Bases on Wikipedia, it stated that stare decisis is the legal principle by which judges are obliged to obey the precedents established by prior decision. The words originare from Latin which means "Maintain what has been decided and do not alter that which has been established".
Stare decisis can divided into 2 categories which are Horizontal stare decisis and Vertical stare decisis. Horizontal stare decisis occurs when a judge is bound by decisions of earlier judges of similar or coordinate level. On the other hand, for the Vertical stare decisis occurs when a judge is bound by decisions of judges made at superior courts.
The advantages of the doctrine of Stare Decisis: Based on the WikiAnswers,it stated that the advantages are that there is a stability in law so that people know what is allowable and what is not. this helps them know what not to do in taking future actions. It also tends to promote a uniformity of law throughout the country. Different states are free to disagree among themselves as to what laws govern in their states, but since most court made law comes from common law England, many legal principles have the same roots. Courts of different states do try to make rulings in line with other states even though they do not have to.
Furthermore,efficiency is one of the advantages based on the WikiAnswers. It stated that as there is already a basis on which the judgment will be passed, a basic framework so to say, the judicial process becomes so much faster. There is certain efficiency in the process as compared to what the procedure would be like in comparison with a system that did not follow the precedent based system. Plus these decisions are based on a precedent and so have a stronger basis.
Also, flexibility is the advantage of the doctrine of Stare Decisis. A judge is bound to follow the decision made by other judges or by the historical cases before they dealing in the cases with similar facts.
The disadvantages of the doctrine of Stare Decisis: Based on WikiAnswers, it given the example in 1896 the US Supreme Court ruled that segregated public facilities was constitutional as long as they were equal. In 1956, the Supreme Court ruled that separate but equal facilities were inherently unequal and therefore unconstitutional. In 1956, if the Supreme Court had blindly followed the principle of stare decisis, it would have ruled that segregation was permissible.
Besides, the perpetuation of bad decisions is the advantage if the doctrine of Stare Decisis. There is because there is the drawback that once a decision has been made, if there is no change and the same decision is followed again, a bad decision will be perpetuated.
Need for records become a disadvantage. This is because the precedents are to be followed by all other courts or in many cases, lengthy, detailed records have to be maintained. And to make easy the accessing of these cases and previous decisions, uniform indexing methods have to be created and followed diligently.
Case 1:When driving his car home in Georgetown, Ryan called and talked with his wife through his mobile phone without the use of hands-free device. While talking, he lost control over his car and eventually hit a walking pedestrian.
a. Is Ryan liable under civil or criminal law?
Ryan is liable under criminal law.
Based on uslegal.com, Criminal law is the body of rules and statutes defining the offences against the community at large. It regulates how suspects are investigated, charged and tried. The law also provides the punishments for convicted offenders. This is also termed as Penal law. Based on Wikipedia, it stated that the Criminal punishment depending on theoffenseand jurisdiction, may include execution, loss of liberty, government supervision (parole or probation), or fines. There are some archetypal crimes, like murder, but the acts that are forbidden are not wholly consistent between different criminal codes, and even within a particular code lines may be blurred as civil infractions may give rise also to criminal consequences. Criminal law typically is enforced by the government, unlike the civil law, which may be enforced by private parties. And also, Ryan is liable under Law of Malaysia Act 333, Road Transport Act 1987, Section 42 which is Reckless & Dangerous Driving. Under this section, it stated that any person who drives a motor vehicle on a road recklessly or at a speed or in a manner which having regard to all the circumstances (including the nature, condition and size of the road and the amount of traffic which is or might be expected to be on the road) is dangerous to the public shall be guilty of an offence and shall on conviction be liable to a fine not exceeding six thousand ringgit or to imprisonment for a term not exceeding three years or to both and, in the case of a second or subsequent conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.
b. Should this case go to court, what will be Ryan's right?
This case should go to court. And Ryan also can hire a lawyer and defense himself.
c. What should the pedestrian do to recover his injuries/loss?
The pedestrian can claim the compensation from Ryan or can claim from the fine that stated by the court.
Case 2: Geena runs an unregistered online investment portal from her home in KL where she managed to get people deposit money to her account.
It was discovered that the investment was a scam and she attempted to flee with the money, only to be arrested in the airport by immigration officers because she held a fake passport.
a. Determine Geena's liability: civil or criminal?
Geena is liable under both criminal and civil law. Civil law or private law occurs or disputes between private individuals such as, contract, tort, trusts, property or family. In this case, the private individual is the people of unregistered online investment portal. Due to Geena holding a fake passport and committing the crime by using computer, it already determine Geena is liable under crimial law.
b. What law(s) and statutes you think Geena has violated?
Under the Passports Act 1966, any person with intent to obtain for himself a passport, internal travel document, or an endorsement or visa on his passport, knowingly makes any false statement or produces any document which is to his knowledge false in any particular shall be guilty of an offence and shall, on conviction, be liable to a find not exceeding RM$10,000 or to imprisonment for a term not exceeding 5 years or to both.
In this case, Geena got a intention to obtain a fake passport for herself. Due to that, she offended the Passports Act 1966.
