The Laws

• Common Law for all
• Equity Law would prevail, with remedies
• Statute Law
  • Passed by legislation
  • Bill, debate, committee, becomes an Act

Law of Contract

• 4 essential elements
  • Offer
  • Acceptance
  • Consideration = money worth, service rendered
  • Intention to create legal relations
• Not illegal
• Enforceable by law
• Invitation to treat = inviting offers
• Consideration
  • S&P: vendor promises to deliver property to purchaser, in consideration of $
  • OTP: vendor promises to keep the offer open, in consideration of option $
  • Can be $1, or labour etc
• “Subject to contract”
  • No binding contract yet eg. If added to OTP, the binding contract is S&P
  • Negotiation ongoing
  • In the absence, as long as having the 4 elements it is a binding contract
• Condition
  • Vital term, can repudiate
  • Condition Precedent = condition that suspends the contract until a certain event takes place
  • Condition Subsequent = happening may invalidate a binding contract
• Warranty
  • Not as vital, can claim damages (but not repudiate)
• Terms of Contract -> false -> Breach of Contract
• Mere Representation -> false -> Misrepresentation -> Voidable
  • Must be statement of fact
  • Types:
    • Fraudulent misrepresentation
    • Negligent misrepresentation
    • Innocent misrepresentation
• Mistakes
  • Common Mistake = same mistake
  • Mutual Mistake = different mistake
  • Unilateral Mistake = one makes mistake, the other is aware
• Remedies
  • Specific performance = court order requiring a party in breach to perform their obligations
  • Damage and/or rescission
  • Injunction = authoritative warning or order
  • Quantum Meruit = as much as he has deserved
• Tortious liability = breach of a duty primarily fixed by law
  • Tort = wrongful act
• Vicarious liability = employer is responsible for employee
  • eg. Bus driver hits pedestrian, victim sue the company (instead of driver)

Law of Agency

Creation of agency:

1. By Agreement
   • Expressly written or oral
   • Implied eg. open listing
   • Ideally is written agreement
2. Agency By Estoppel (impression)
   • A legal principle that bars a party (principal) from denying a certain fact owing to that party’s previous conduct and/or actions.
   • Eg. Tenant can have the rights to the agreement as he was led to believe the agent is employed by the landlord
   • Promissory Estoppel = Make a promise + reasonable reliance -> liable to damage
3. Necessity
4. Ratification
   • Appointed agent A (non-exclusive), but later use agent B by signing OTP – by ratification B is appointed
   • Legally OK, but morally not OK (a hijack)
   • Created retrospectively

Types of Agency

• Sole = Only 1
• Exclusive = Even owner cannot sell
• Sub-agency
• uberrimae fidei = Contract Of Utmost Good Faith = must disclose all material facts
• caveat emptor = buyer beware, seller no need disclose material facts
  • But seller must disclose latent defects eg. encumbrances
• Actual/Usual authority = by agreement
• Apparent/Ostensible authority = by estoppel (impression)
• Termination by: agreement, expire, performance, operation of law
  • Principal can revoke, immediately
  • Agent can renounce, given notice
  • Can be lawful or unlawful
• Defences against claim of damages
  • Contributory Negligence = own carelessness contributed to the accident
  • Volenti Non Fit Injuria = Volunteer to do, any injury is your own fault

Agent Duty

• Owe fiduciary duty to principal, duty of care to others
• Find offers and submit them to owner
  • NO authority to enter into a contract
• Ought not to have any conflict of interest
  • Disclose, if there is
• Must disclose all offers
• If breach, liable to damages, and forfeiture of commission

Landlord & Tenant Law

• Privity of Contract
  • Only the parties can acquire rights and liabilities
  • a close, direct, or successive relationship
• Privity of Estate
  • Under the same lease
  • Can enforce tenant’s covenants
• Min lease duration
  • NO airbnb
  • HDB 6m
  • Private 3m
• Max number of unrelated tenants/occupiers (including owner)
  • HDB 1/2rm: 4
  • HDB 3rm/bigger: 6
  • Private (regardless of size): 6
• Creation of lease
  • 3y or less can be oral or written
  • More than 3y written
  • More than 7y must register with Registry of Titles
  • Foreigners cannot sign more than 7y, unless approve by LDAU
• Types of lease
  • Fixed Term
  • Periodic - after fixed term end, and be monthly
  • Service - based on employment contract
  • Tenancy at Sufferance = lease has expired, a “hold-over”, can charge double rent
• Waste = change in condition
  • Voluntary - causing destruction
  • Permissive - failure to maintain
  • Ameliorative - improvement
  • Equitable - irreversible intentional destruction
• Landlord implied powers
  • 2 days notice, may enter house to view state of repair
  • Can enter anytime to check on work permit etc
  • If unpaid (breach covenant) for 30 days, may enter house and terminate
• Sublet Clause
  • If not, tenant can sublet without consent
  • Similarly, assignment clause to prevent “assign” their tenancy rights to a new tenant
• Novation = replace tenant
• Diplomatic Clause
  • 24m lease: 12m + 2m advanced notice (guaranteed)
  • 12m lease: 6m + 1m
• Remedies:
  • Sue for rent arrears
  • Apply writ of distress
  • Apply writ of possession
• Right Of First Refusal
  • Eg. Landlord to sell the house, tenant has the rights to buy, or not.
• Overlap with CU4B