Arrival can also be immaterial unless a recipient accesses the e-mail, but in this respect e-mail does not really differ from mail that has to be opened. 105 It is not only reasonable but right that the objective appearance of a contract should not operate in favour of a party who is aware, in the eyes of the law, of the true state of affairs when, for instance, there is real misapprehension on the part of the mistaken party and when the actual reality of the situation is starkly obvious. [emphasis added]. What amounts to snapping up is a question of degree that will incorporate a spectrum of contextual factors: what is objectively and subjectively known, the magnitude of the transaction(s), the circumstances in which the orders are placed and whether any unusual factors are apparent. Such errors can be magnified almost instantaneously and may be harder to detect than if made in a face to face transaction or through physical document exchanges. Normally, however, the task involves no more than an objective analysis of the words used by the parties. The initial order for 30 laser printers was placed at round 3.45am while the second order for 300 units was placed at around 3.53am. This constituted more than a quarter of the total number of laser printers ordered. This view seems to suggest that principles of equity invariably provide an equally strong but more elastic second string to the bow. The case involved the sale of printers by the defendant at a price of S$66. He offered no plausible explanation for the series of orders which he placed while he was in communication with the other plaintiffs, other than stating audaciously that he had to buy a lot to sell a lot, to get a lot. When the defendants discovered this mistake on their website, they sent an email to the complainants to say they would not be fulfilling this order. Yong Pung HowCJ in, [T]he function of the court is to try as far as practical experience allows, to ensure that the, Tan Sok Ling, Malcolm Tan and Mohan Das Vijayaratnam (Tan S L and Partners) for plaintiffs; Vincent. The defendants wanted to sell some hare skins to the plaintiffs. It seems to me that he was trying to tailor his evidence to fit neatly within the legal parameters of the plaintiffs case. The shopping cart website page carried the insertion call to enquire under the heading Availability of product. The current general approach is correctly stated in Professor Jeffrey Pinslers Singapore Court Practice 2003 (LexisNexis, 2003) at para20/5/7: An amendment may be allowed even after both parties have made their closing submissions. Chwee Kin Keong and others v Digilandmall.com Pte Ltd [2005] 1 SLR(R) 502; [2005] SGCA 2. As the Channel NewsAsia report so succinctly summarised they saw a great opportunity and grabbed it.
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