Question 1 John had won an interview for a scholarship to Oxford. It was for a full scholarship worth $100,000 per year. On the day of the interview, he left his home at 7.30am, planning to be in good time for the interview which was at 9am. He looked at the display board on the MRT station and was told that his journey from Pasir Ris to Clementi was expected to take 45 minutes. John boarded the train at 7.42am.
Unfortunately, the train broke down. John was late for the interview and was not allowed into the interview room on account of his being late.
You are a top-notch commercial lawyer. John comes to you and says he wants to sue SMRT for causing him the chance at the scholarship. He asks you for a brief on his case and his prospects of success. Outline the matters that you wish to discuss with John. (20 marks approximately 1000 words)
Question 2 On that same train, Ellie was also delayed. However, before she boarded the train that day, she read a notice on the train platform which read:
“Passengers of SMRT agree that SMRT will not be liable for any loss or injury or damage suffered for any reason whatsoever during their rides with SMRT.”
Ellie is an insurance agent was on the way to meet a potentially lucrative client. As it turns out, Ellie was late and the client contacted another agent from whom she purchased her policies. Ellie later learns that the client had intended to buy a few multi-million dollar policies for her 9 illegitimate children. She lost out on more than $300,000 in commissions which she blames on the delay by SMRT.
Ellie asks you for a brief on her case and her prospects of success given the fact of the exemption clause. Outline the matters that you wish to discuss with Ellie. (10 marks approximately 500 words)
Question 3 You represented both John and Ellie in the above cases and managed to get each of them substantial damages from SMRT. Impressed by your brilliant legal mind, SMRT has decided to hire you on a project. They have asked you advice on how to protect themselves if they are sued in the future. Give them 1 suggestion which you believe will be most useful to them, elaborating on your advice appropriately. However, do not give any advice on exemption clauses as they have already been advised by a Senior Counsel on that particular area of concern. (10 marks approximately 500 words)
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