Question 1: (a) “The law affects a business from the moment it commences until the time it is dissolved.” Discuss the above statement in the context of three (3) key functions of business law affecting commercial activity in Singapore. In your analysis, you should provide specific examples relating to the key functions. You should conduct additional
research to strengthen your analysis.(b) If the contractual parties wish to rely on arbitration as a dispute resolution method, they should negotiate and include an arbitration clause in the contract. Identify the key elements that should be included in an arbitration clause, to reduce the risks of any subsequent dispute between the parties about the arbitration process itself. Explain why these elements are important as part of an arbitration clause, and provide examples to support your reasons. Conduct research and provide an example of such an arbitration clause. Describe one (1) real-life situation where arbitration resulted in a win-win outcome for the disputing parties. You should conduct additional research to strengthen your analysis. Question 2: Happy Roses Pte Ltd (the “Company”) was seeking to hire a driver for its flower delivery service. Ken applied for the position and managed to secure an interview. During the interview, Lina (as the Company’s Human Resource Manager) explained that as the Company’s business was just starting, the driver was not required to deliver many orders. Ken was very concerned about working hours as he was studying part-time. Lina noted that it was “the usual office hours from 9.00am to 5.00pm, Monday to Friday” and assured him that there is no need to work on weekends. In addition, she explained that Ken, if hired as the driver, would need to wear the corporate uniform throughout the workday since all the employees, except for the office staff, are required to project the same corporate image. Last but not least, she mentioned the remuneration package, including the medical benefits and annual leave entitlement that is relevant for the job. At the end of the interview, Ken was offered the position and he accepted. There was no
signed employment contract as the Company “wanted to keep things simple”. Assume that the Employment Act, Cap. 91 of Singapore (the “EA”) and the related legislation and policies (including the recent amendments to the EA that relate to key employment terms) do not apply. (a) Identify the pre-contractual statements made by Lina (on behalf of the Company) and determine the nature of such statements. In your analysis, you should clearly explain which statements would be considered part of the employment contract and the nature of such statements. There is no need to analyse the statements that Lina could have made about the remuneration package.

Read less