Business Law Assignment

MANAGEMENT DEVELOPMENT INSTITUTE OF SINGAPORE IN COLLABORATION WITH UNIVERSITY OF BRADFORD DIPLOMA IN BUSINESS MANAGEMENT BUSINESS LAW ASSIGNMENT Presented by Name| FIN/IC Number| Participation Marks Awarded| Gerry Vicentius Sajuti| G1180480U| | Diana Ong Cabillan| G5304258P| | Cecillia Satryo| G1188819X| | ANALYSIS| /40%| RESEARCH| /30%| ORGANIZATION| /15%| PRESENTATION| /15%| Date of Submission: 16 OCTOBER 2012 Name of Lecturer: DANIEL THEYAGU DECLARATION This is to declare that this is our original work and we have not plagiarise any information from any other works.We understand that plagiarism is a serious issue and if found guilty our work will be rejected and possible we will be barred from the examination. We have verified all information given and have effectively referenced the sources. If after graduation it is found that our work is not original we stand a chance of having our Diploma revoked by the institution concern. Name: Gerry Vicentius Sajuti Signature: ____________ _______ Name: Diana Ong Cabillan Signature: ___________________ Name: Cecillia SatryoSignature: ____________________ CONTENTS PAGE QUESTION ONE DIAGRAM OF SINGAPORE COURT STRUCTURESUB-ORDINATE COURT OF SINGAPORE * One of the two tiers in court system of singapore * There are 15 various of subordinate courts. HIGH COURT OF SINGAPORE * consists of the chief justice of Singapore and the judges of the high court * exercises supervisory and revisionary jurisdiction * bound by decisions of the court of appeal SUPREME COURT * two tiers of the court system in Singapore * consists of the court of appeal and the high court COURT OF APPEAL OF SINGAPORE * It's court of final appeal * consists chief justice of singapore * The seat called supreme court building Appellate jurisdiction in civil and criminal matters under the principle of stare decisis court appeal are binding on the high court ; sub-ordinate court Essay on Question One A 15 years old teenager will be convicted in some minor cases d espite of his reasoning. In the classic situation,in which the police first obtain a confession,discover some other evidence,while in the contrast all the decision will be depend on the judge of the court. Sometimes to prevent unfairness and hold the consistency,judges will use stare decisis which are bounded by higher court's decision depend on the similarity of cases situation.If the young teenager case get the same situation as previous case,it has a big possibilty for the judge to give the same decisions. Criminal and Civil Jurisdiction of the Court of Appeal In Singapore,the highest court is the Court of Appeal that only implements the appellate jurisdiction in civil and criminal matters. In civil it usually begins from the High Court. You can have an appeal when the High Court judge is on leave,or when the amount or value of the cases is below $25,000. The Court should only accept evidence that was passed by the court below however new evidence should pass by on special ground .When it comes to Criminal matters,the Court of Appeal cannot hear an appeal when the orders were already made by the High Court from the Subordinate Court except when it exercise original criminal jurisdiction in the latter part. When the High court already made a decision to a convicted person,the Court of Appeal may permit the person to have an appeal if it believes that it has a reasonable doubt and the sentence should be reduced. Criminal and Civil Jurisdiction of the High Court In Singapore,the High Court is the lower division of Supreme Court that implements the appellate and original jurisdiction in civil and criminal matters.The high court has power in any written law relating to divorce,bankruptcy and matters of admiralty. In implementing appellate civil jurisdiction the hearing should come from the District Courts,Magistrates’ Courts and other tribunal. When it comes to permitting for an appeal,it should be approved by one of the Court above where the amount does n ot exceed $50,000. In appellate criminal jurisdiction, the criminal cases came from the District and Magistrates’ Courts. The High Court will not overturn the judgment that has been made unless the law is wrong or circumstances are inadequate.In this situation the Court should follow some orders like reversing the decision or enhancing the sentenced that was given and the rest. The jurisdiction of the various divisions of court in the Subordinate circuit Subordinate court is one of the two tiers in court system of singapore beside of supreme court. There are 15 various of subordinate courts. Community Court To prevent and reduce the incidence of crimes and to ensure that those suspected,accused or convicted of crimes is the goal of Community Court. Cases that has been settle by community court e. g. ike selected offenders with mental disorders,family violence cases,those below 21 years accused of theft, and etc. Family Court Family court is legalised on 1st march 1995,which i s contributed in settle family-related disputes. Family court is now unified court,dealing with all family proceeding in Singapore,Philosophy of the Family Court is to strenghten family ties and preserved. Coroner's Court Coroner's Court carried out for a sudden death such as accidents on the highway,in a jail cell,and suicide. Basicly,the Crime Forensic team analyze the death body of victim and report the result to the court.Later,the trial judge's decision will result in the stated cause of death : are pure death, by accident, or open to further investigation. Neighborhood Court Treatment for cases occurring within family dealt by Neigborhood Court. The cases handled include family violence,disputes within the scope of the community,attempted suicide,law violations even animal cruelty. Traffic Court On the highway frequently found violations caused user negligence from the mere breach of signs to accidents causing casualties that is handled by the Singapore Traffic Court after rec eiving reports of violations.The violations include drunk driving or traffic violations by the Land Transport Authority or the traffic police declared there was no other way that can be taken for that incident. Night Court Offenders who are employee so they can attend the hearing after working hours,Singapore has Night Court for that reason. The court was held on weekdays beginning at 6 pm. There are two division of night court,Court 26N for issue noticed by government's departments and Court 25N for traffic violation. Bail CourtLiterally bail is a guarantee on a case,so that a case can be suspended with pay administration with a certain amount of money. In the bail court the defendant have to pay a sum of money that will go into the cash bail with respect to certain conditions and by the affirm of the Chamber Magistrate,the defendant can be released. Juvenile Court The Juvenile Court only assumes jurisdiction over children below 14 and young person between 14 until 16 years old. So the offender of the case must below 16 years old when h/she is first charged in the Juvenile Court.If it's above of it Juvenile Court will relinquishes its jurisdiction. Mentions Court There are two division of Criminal Mentions Court one deal with District Arrest Cases(DACs) and Magistrates Arrest Cases(MACs). Mention Court usually get ready for prosecution to charge an accused person,no longer than 2 days after his arrest and remand. Filter Court Filter Court as know as holding court which filter cases into other trial court. Beside deal with disposal enquiries,it also deal about night court cases where the accussed person claimed trial and some minor cases that require up to a day trial.Civil Court Most of civil court defendant got fined instead of jail. Lawsuit that hold by civil court include a range of areas e. g. for landlord-tenant conflicts,credit card payment disputes,breach of contract for accidental compensation disputes etc Centralised Sentencing Court By some specifie d cases,The judge will sentence the offender has plead guilty. District Court The penalty of district court may be imprisonment of not more than 7 years,a fine of approximately $ 10,000 flogging up to 12 strokes, or reformative training.District court also handle other cases such as misuse of drug,corruption,company,and security industry. Magistrate Court Court that handling case that punishment less than cases in district court,called Magistrate Court. It handling the case that the sentence less than 3 years. The sentences can be prisoned for no more than 2 years,fine less than $2,000,caning up to 3 strokes. This court also have authority to handle common gaming house,film,miscellaneous offence cases. Criminal Court Penalty of criminal court may be include both jail and fine for a sum of amount.Cases that handle by criminal court e. g. for corruption,immigration,employment of illegal foreign worker etc QUESTION TWO BUSINESS ENTERPRISE FEATURES ESSAY PART 2 PROCESS AND PROCEDURE Ste p1 Company Formation Before we're going to register our company,first of all we must have a company formation. Company need a name that belongs to their trade sign that belongs to themselves, the name must be approve before incorporation of company in Singapore occur. Beside of it,we need to fulfil for directors,shareholders,secretary,paid-up capital,registered address and taxation Step2 Name ApprovalTo set up a company,it must be approved first by filling the application with company registrar. Generally company name is being rejected/approval notification through in less than 1 hour unless it got some similarity with other registered name. To make this step faster at least you must not have identical name to any existing name of company,doesn't infringe with any trademark,is not obscene or vulgar,is not already reserved. An approved name will be reserved 60 days from the date of application. Step3 Singapore Company RegistrationOnce the name has been approved,approval from company registrar will also be approved in few hours assuming that incorporation documents are ready and have been signed by the directors and shareholders of the company. Some cases will delay the incorporation procedure if the director or shareholder of the company come from certain nationalities,but it seldom happen. In such case,authorities will ask for some additional question. For a private limited company need to pay S$ 300 for registration fee. Step4 Goods and Service Tax Registration GST tax is also known as Value Added Tax (VAT) or Sales tax.If you company is GST registered,you need to charged for 7% to your customer from the price of goods and services you provide and in turn this amount to authority. GST registration is not mandatory if your company’s annual turnover does not exceed S$1 million. Step5 Singapore Business Licenses You need to obtain a business license or not is depend on your company activities after you have incorporate your company but before you can comm ence your business operations. There are few business need to obtain the licenses e. g. for travel agencies,financial services, import/export of goods and restaurants Step6 Registration Document IssuesThe company registrar will send an official email confirming the incorporation company that include company registration number and certificate of it. It will be charged for S$50 for getting the hard copy at the following day (hardcopy is not being issued in singapore) A business profile of the company can be obtained from the Company Registrar by making a request online and paying a small application fee. Generally, the document (a PDF file) is available for download within an hour of the request and contains company name,registration number,incorporation date,principal activities etc Step7 Annual filing requirements for Singapore companiesThe Companies Act dictates certain annual filing requirements and formalities, once your company has been incorporated. ESSAY PART THREE Manufactur ing food and beverages is one of the everlasting business that can be do by some entrepreneur. It is very difficult to a food and beverages company become bankrupt,because everyday people need any kind of food and drink,for their meal or just for snack time,that's what makes the company continues to manufacture their products regularly, without fear that the products not sold or foul.The important things to start this kind of company and compete with its competitors in the same field is just the innovation that the company can give to their products that can attract consumer to buy their product. Private Limited Company become the better choice for this kind of business,because in Private Limited Company,they just have less than 20 share holders in company, even usually only about 3-5 people so as not to split a lot of the number of shares, because it will have an impact on the amount of dividen to be gained per person.This form of business make the company easy to develop,because n ot many hands meddling in the decision-making problems. In the other hand,the profit that company can gain from food and beverages is very high,because the raw materials for food is very cheap and the price could soar exponentially when the raw material is processed so attractive that has marketability. Indeed, the pattern of this kind of business, the cost of the company set up is very big, because we need each cost for land, raw materials, and to employ the employee.However this is the essence of this kind of business itself, each shareholder in the company is required to use existing capital as well as possible with the expectation that the future will gain more trade which in business terms is the return on investment. Therefore, when we talk about the profits, with such a large, the dividends to be gained would be very big for each shareholder. Moreover,for the developing of company, very easy to use the money from the profits earned for research, product development, adding ne w areas of business.Entirely it depend on how the shareholders' meeting decided to pay dividends to shareholders or hold it and included as cash for capital expenditure. For the management area, with less number of individuals who join in the shareholder, make it easier for companies to work professionally, because often when many shareholders -the personal shareholders, not through the stock market- which mostly are entrepreneurs, trying to put those beliefs on the board of directors or corporate staff . Sometimes it makes management of work not in accordance with the directives f the shareholders' meeting, but rather subject to the people who put them in that position, so that the special interests are often saddled to the person. It was the worst possibility of many businessmen who joined in management Related to the law, all things relating to the company's very easy to handle. Company is a legal entity. With regard to the loss suffered by the company, if the company suffered a loss, then the bear is not a personal, but overall the company was sentenced to, for example experiencing bankruptcy.The company also will not stop operating when one of its shareholders resign or died, because by law, it will be inherited by the heir or other appropriate policy decisions made together. In addition, the form of a company like this, we can easily develop food and beverage products at once with just one company name that in there will be divided into several divisions related, so it does not need a lot of company name to classify each of our products. MISLEADING QUESTION THREE This advertisement is misleading because it can’t immediately delete or heals a skin problem by one treatment, it has steps to be followed.Aside from it, they offer the iPhone 5 if they go to the clinic to make the consultation and treatment that can only be avail by new customers with skin problems. They also wrote term and conditions require to get free treatment in small size below of the advertisement. UNILATERAL OFFER UNILATERAL OFFER This advertisement include in ‘Unilateral Offer' because they clearly detached all the information about the stuff they sell include the fixed price with seen able size in the red shape without further bargaining needed.Beside of it, ‘everything priced to clear' means the price fixed until out of stock in 4 days from the day newspaper published. They even stated all the places we can find courts to buy those stuff without term and condition required for everyone. Invitation to offer Invitation to Offer This is an invitation to treat advertisement,because this advertisement is not clear. They just give the rate price for each destination,and the price also started with word ‘from’ that mean the price is not the fix price and need further negotiation with the customer to meet the agreement for the price that benefit each other.They also don’t give the due date of the promo,so it very uncertain and cu stomer need to check it periodically. QUESTION THREE PART THREE ADVERTISEMENT OF TRUE OFFER FOR SALE!!! SECONDHAND BAKERY OVEN For S$1500/ not negotiable Age: 5 months old Colour: Silver For those who are interested you can call me at this number: 85986051 Or via email at [email  protected] com This is an advertisement called unilateral offer means anyone can buy this bakery oven. One reason why this is a true offer is, the intention of the party is clear and it’s stated there the information about the oven like the age, and colour in the price of S$1500.Aside from this, it also stated there that the price of the oven is not negotiable. ADVERTISEMENT OF INVITATION TO TREAT DOradora Pte. Ltd Jurong point #01-16 tel. 63970989 ipod case Fr $12 cup cake Fr $3 cake Fr $39 Hurry come and grab all about doraemon start Fr $3 Fr $399 This advertisement belongs to invitation to treat because it don't stated clearly what's the specific of computer stuff they sell and they also invite us to buy their thing with the price that needed for further bargaining (not fix yet),it attached for word ‘from'. Not all commercial there for $3, it means for the cheapest thing like doraemon cupcake start from $3.REFERENCE http://en. wikipedia. org/wiki/High_Court_of_Singapore http://app. subcourts. gov. sg/subcourts/page. aspx? pageid=53865 http://app. supremecourt. gov. sg/default. aspx? pgID=43 http://en. wikipedia. org/wiki/Court_of_Appeal_of_Singapore#Appellate_civil_jurisdiction http://en. wikipedia. org/wiki/Judicial_system_of_Singapore#Ranking http://app. subcourts. gov. sg/Data/Files/File/InforBooklet_Brochures/Brochure_Crime_CommCt. pdf Introduction to Business Law in Singapore Ravi Chandran Singapore Business Law 2nd ed. Benny S Tabalujan http://www. acra. gov. sg INDIVIDUAL GROUP MEMBER CONTRIBUTION | PART I| PART II| PART III|GERRY VICENTIUS SAJUTI| * Diagram * Subordinate Court| * Diagram of features * Diagram of disadvantages ; advantages * Explanation of the business enterprise| * Invitation to Treat advertisement * Explanation of the advertisement| DIANA ONG CABILLAN| * Criminal and Civil Jurisdiction of Court Appeal * Criminal and Civil Jurisdiction of High Court| * Disadvantages and Advantages * Diagram of the process and procedure of business| * Misleading Advertisement * Explanation of the advertisement * Create and Explaination of own example of True Offer| CECILLIA SATRYO| * Diagram * Subordinate Court| * Features * Essay of process and procedure of business| * True Offer advertisement * Explanation of the advertisement * Create and Explanation of own example of Invitation to Treat| ACKNOWLEDGEMENT Our heartiest gratitude and respect to our lecturer,  Mr. Daniel Theyagu for his attractive class lecture and helpful manner to guide us in improving our submitted assignment. We are also thankful to those who help us while doing the assignment We think that : GOD HELP THOSE WHO HELPS THEMSELVES As we see this sentence is very small l but it has a very vast meaning. It means that when a person help himself then God also support him for doing the work. We would like to dedicate this assignment to our parents and lecturer and to those entire people who supported us do this assignment.