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Unauthorised Fiduciary Gains And The Constructive Trust, Alvin W. L. See
Unauthorised Fiduciary Gains And The Constructive Trust, Alvin W. L. See
Research Collection Yong Pung How School Of Law
This article challenges the traditional assumption that all cases of unauthorised fiduciary gain warrant the same legal treatment, in particular the imposition of a constructive trust as a disgorgement remedy. It proposes a method of categorising the cases and ranking them based on the strength of the principal’s interest. It is suggested that in cases where the principal’s interest is not particularly strong, there is room for taking into account the interests of innocent third parties and affording them the necessary protection. For this purpose, the remedial constructive trust supplies the needed flexibility.
From Context To Text In Contractual Interpretation: Is There Really A Problem With The Plain Meaning Rule?, Yihan Goh
Research Collection Yong Pung How School Of Law
Much of the contemporary scholarship on contractual interpretation is staunchly against a textual analysis, by which a court can only depart from the plain meaning of a contract exceptionally. It is therefore no surprise that scholars have reacted negatively to the spate of recent cases where the English courts have re-emphasized the plain meaning of the text in contractual interpretation. Yet one cannot help but wonder whether a textual analysis is really so problematic when courts across the common law world have re-embraced it. Drawing from both theoretical and comparative perspectives, this paper suggests that a focus on the text …
A Renewed Consideration Of Consideration: Mwb Business Exchange Centres Ltd V Rock Advertising Ltd [2016] Ewca Civ 553, Kenny Chng, Yihan Goh
A Renewed Consideration Of Consideration: Mwb Business Exchange Centres Ltd V Rock Advertising Ltd [2016] Ewca Civ 553, Kenny Chng, Yihan Goh
Research Collection Yong Pung How School Of Law
This note argues thatthe English Court of Appeal decision of MWBBusiness Exchange Centres Ltd v Rock Advertising Ltd is a significantmodification of the present understanding of consideration with respect toagreements to accept part-payments of a debt and to perform pre-existing duties,and that the preferred way forward for the development of the law should be judicialintervention by the Supreme Court to reconcile the logical inconsistenciesbetween Foakes v Beer and Williams v Roffey Bros & Nicholls(Contractors) Ltd.
Private Lawmaking In Commercial Cyberspace, Eliza Mik
Private Lawmaking In Commercial Cyberspace, Eliza Mik
Research Collection Yong Pung How School Of Law
No discussion of “Law and Technology” would be complete without at least one essay centred on the Internet. While the Internet no longer captures our imagination with the same force as it did 20 years ago, we cannot assume that it no longer creates (or perpetuates?) multiple legal problems. When we talk about the Internet we must, however, refrain from the popular “Internet metanarrative” that often leads to superficial arguments and unhelpful generalisations.1 We must always remain aware of the multiplicity of the Internet’s technical applications and the wide range of legal contexts in which the term gains significance. Discussing …
Contract Law [2015], Yihan Goh, Pey Woan Lee, Chee Ho Tham
Contract Law [2015], Yihan Goh, Pey Woan Lee, Chee Ho Tham
Research Collection Yong Pung How School Of Law
No abstract provided.
Restitution Of Non-Gratuitously Conferred Benefit In Malaysia: A Case For Sowing The Unjust Enrichment Seed, Alvin W. L. See
Restitution Of Non-Gratuitously Conferred Benefit In Malaysia: A Case For Sowing The Unjust Enrichment Seed, Alvin W. L. See
Research Collection Yong Pung How School Of Law
This article draws on the common law of unjust enrichment to rationalize and develop the right to recover a non-gratuitously conferred benefit set out in section 71 of Malaysia’s Contracts Act 1950. This attempt at legal transplant and modern restatement is made in the hope of injecting principle and clarity into the antique section with the eventual goal of reviving it for practical and modern use.
Contract Law [2015], Yihan Goh, Pey Woan Lee, Chee Ho Tham
Contract Law [2015], Yihan Goh, Pey Woan Lee, Chee Ho Tham
Research Collection Yong Pung How School Of Law
No abstract provided.
Contracts Governing The Use Of Websites, Eliza Mik
Contracts Governing The Use Of Websites, Eliza Mik
Research Collection Yong Pung How School Of Law
With the progressive transformation of the Internet from a romanticised instrument of freedom and self-expression into a commercial platform for digital distribution, most websites must be recognised as access interfaces to a wide range of content and services. This paper examines the contracts purportedly governing the use of such content and services. It explores the difficulties of establishing legal intention in a context that is not unambiguously commercial or transactional and contrasts popular beliefs with the basic principles of contract law. It draws a clear distinction between contracts governing traditional e-commerce exchanges, such as buying books on Amazon.com, and contracts …
Rationalising Anticipatory Breach In Executed Contracts, Yihan Goh, Man Yip
Rationalising Anticipatory Breach In Executed Contracts, Yihan Goh, Man Yip
Research Collection Yong Pung How School Of Law
Rationalising the doctrine of anticipatory breach is notoriously difficult. This may explain the complete lack of attempt by the UK Supreme Court to address its conceptual difficulties in its recent judgment in Bunge SA v Nidera BV [2015] UKSC 43; [2015] 3 All E.R. 1082. It is therefore of interest that the Singapore Court of Appeal in The “STX Mumbai” [2015] SGCA 35; [2015] 5 S.L.R. 1 explained why the doctrine of anticipatory breach can be applied to executed contracts (in the sense of being fully executed by the innocent party). Whilst anticipatory breach applies similarly under English law, the …