If you have any queries relating to the ACCA Law paper, Singapore variant,
you are welcome to post to the blog -
http://accalawsg.blogspot.com/.
Depending on my time constraints, I will try to answer your queries.
Thursday, May 14, 2009
Tuesday, May 12, 2009
True Spa - new allegations?
Some posters claim that True Spa tries to pressure its customers to buy more packages from the company.
I have no idea how persistent their sales persons are, but it is unlikely that this will constitute duress or undue influence which are quite different.
However, it is arguable but not certain that there is an implied term that any gym or spa will allow you to enjoy the facilities in peace. Extreme harassment and persistent high pressure tactics may well be a breach of the implied term allowing you to claim damages or perhaps to even terminate the contract. A lot will depend on how bad the situation is so no definite answer can be provided.
I have no idea how persistent their sales persons are, but it is unlikely that this will constitute duress or undue influence which are quite different.
However, it is arguable but not certain that there is an implied term that any gym or spa will allow you to enjoy the facilities in peace. Extreme harassment and persistent high pressure tactics may well be a breach of the implied term allowing you to claim damages or perhaps to even terminate the contract. A lot will depend on how bad the situation is so no definite answer can be provided.
Hiring a lawyer
Should you hire a lawyer instead of using the Small Claims Tribunal?
The Tribunal process is cheap and simple but may be time consuming with several meetings for mediation, etc. A lawyer is definitely more expensive but may well save you time in the end.
If you can find several persons who have similar claims, then hiring a lawyer is much cheaper as the legal fees can be shared. However, note that a lot depends on the situation - for example, if the facts of each customer's situation are quite different, then the lawyer will have to do more work and therefore charge more.
Also, remember that when you sue in the normal courts and you win, you can recover most of your legal fees. But make sure that the other party will not go bust or your lawsuit win is not of much use.
The Tribunal process is cheap and simple but may be time consuming with several meetings for mediation, etc. A lawyer is definitely more expensive but may well save you time in the end.
If you can find several persons who have similar claims, then hiring a lawyer is much cheaper as the legal fees can be shared. However, note that a lot depends on the situation - for example, if the facts of each customer's situation are quite different, then the lawyer will have to do more work and therefore charge more.
Also, remember that when you sue in the normal courts and you win, you can recover most of your legal fees. But make sure that the other party will not go bust or your lawsuit win is not of much use.
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