Legal Questions on Contract and Liability for Accidents

Question 1: Contract Law

Answers in point form are not acceptable. All authorities, statutes and case laws must include the citation or appropriate references.   Question 1   Nancy entered into a contract in November 2017 for providing musical and lighting equipment for an event organized by Classic Theatre (CT). A $10,000 non-refundable deposit was paid in November 2017 by CT to Nancy. There was a balance due for the full event at a further sum of $80,000. The event was later cancelled on April 2018 by CT as the main performer had an accident and was not able to perform on the scheduled date. CT sought a refund of the deposit paid and Nancy refused to make payment on June 2018.   Discuss what option is available to CT for the recovery of deposit paid and where will he commence an action. marks) Assume that CT was able to bring their claim at the Small Claims Tribunals (SCT) hearing and the Referee dismissed the claim of CT holding that the deposit is nonrefundable because CT had entered into the contract voluntarily although CT had claimed that it had not read the full contract terms. Discuss how you would advise CT on the next steps after the dismissal of its claim. (10 marks) CT, being unhappy, commenced an action at the State Courts after the end of the SCT action, claiming the refund of $10,000 deposit paid to Nancy. Discuss how you would advise Nancy on the action commenced by CT. marks)  (d) Assuming CT decides to proceed their claim in State Courts. Appraise where they are likely to proceed and explain if they can seek any recourse for early settlement. (10 marks) Question 2   Transport Pte Ltd (TPL) is a company involved in the transportation of home removals. Calvin works for them as a driver. He uses his own van which he maintains himself and to which he attaches a signboard “Transport Pte Ltd” when he works for TPL. TPL provides a company uniform for Calvin to wear when he does an assignment for TPL. TPL also provides the equipment for the loading and unloading of goods to Calvin. Calvin was allowed to bring an assistant with him when he does an assignment for TPL. On 7 January 2021, Calvin was instructed to pick up furniture from Changi Airport to the PSA warehouse in Pasir Panjang. He was told not to go until after 1.00 pm as the goods would not be ready for collection. However, Calvin decided to leave early so as to spend the morning going to the Church and have lunch at Changi Point. He took his friend, Peter, with him. As he drove along PIE, he was cruising at a speed of 100km/h when the speed limit was 80km/h. When approaching an exit, Calvin had to brake suddenly to avoid a motorcyclist ahead of him. As a result, the van skidded off the road and down into a small ravine. Calvin and Peter were trapped in the van.   The motor cyclist, Aishah, a professional nurse, stopped and went to help by jumping over the railings by the edge of the road down to where the van was. She landed on some broken glass which had been concealed by bushes. Calvin was uninjured but Peter suffered very serious injuries and Aishah was badly cut and could not go to work for several weeks.   Analyse the case above and answer the following questions:   Advise Peter whether he has any causes of action against Calvin.    marks) Advise Aishah whether she has any causes of action against Calvin or Peter.   (10 marks) Advise Peter or Aishah whether they have any causes of action against TPL.   marks)  (d)  Assuming that for Question 2(c), Calvin was found to be an independent contractor, what factors and facts would be taken into account to be considered as an employee?