Question 1

Nora owns and operates a smoothie bar that employs people with disabilities and special needs. On Monday, she spotted a post by Marcus on the Facebook group, "Zero Waste Champions", for the sale of an electric kitchen waste composter ("composter"), that stated as follows: "Electric Kitchen Waste Composter, Model: Greenade GN-300 - For sale at $12,000; Made in the UK; Self-pickup from Serangoon." A composter is a machine that converts food waste into organic compost that can be used as plant fertilizer, thus promoting sustainability. Nora had been curious about such a product for quite a while now, and she felt that this could be a great addition to her smoothie bar. She reached out to Marcus via Facebook Messenger to find out how the composter was operated, and he responded by sending her a link to a YouTube tutorial video created by the manufacturer. After watching the video, Nora felt that it would not be difficult for her staff to manage the operation of the machine, and so she sent Marcus a message: "Can deal at $10,000?" When Marcus responded that another person had already offered him a price of $11,000, which he was considering, Nora immediately followed up with the following message: "$11,500 if I can collect tomorrow afternoon." After reading Nora's message, Marcus replied, "Yes, OK! Please transfer a deposit of $500 to me first and you can pay me the remainder of $11,000 upon collection." Marcus then provided his mobile number and home address to Nora. Nora had met Marcus before at previous events organized by Zero Waste Champions, and so she had no qualms about trusting him. She immediately transferred the $500 deposit as he requested. After receiving the deposit of $500, Marcus amended the Facebook post to reflect the item as "sold". Nora was excited about the purchase, and began to reorganise the food preparation area of the smoothie bar to make space for the composter. When Marcus met his grandmother for dinner later that day, he discovered that his grandmother is interested in using his composter as a way to reduce household waste. He is now thinking of giving the composter to his grandmother, instead of selling it to Nora. He messaged Nora, stating that he no longer wanted to sell the composter, and he also refunded the deposit to Nora. Nora replied, "But I thought we already have a binding deal?" Marcus replied, "Huh? I don't think so." Due to Marcus' refusal to follow through with the sale, Nora is now contemplating legal action against Marcus, as she would have to pay a significantly higher price if she were to buy a new composter from the UK.

(a) Explain whether there is a valid contract between Nora and Marcus for the sale of the composter. In your answer, you should identify and discuss the four (4) elements of a contract. (This means that you should also state and define the four elements of a contract, discuss the relevant legal rules associated with them, and apply them with reference to the facts and events described in the scenario.) (75 marks)

(b) Describe briefly the key stages of the litigation process for a civil claim, and also Nora's role as the plaintiff at each stage, assuming that Nora decided to bring litigation proceedings on her own (i.e. without legal representation). (You are not required to cite the Rules of Court.) (25 marks)