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An Empirical Study On The Singapore Court Of Appeal’S Citation Of Academic Works: Reflections On The Relationship Between Singapore’S Judiciary And Academia, Wui Ling Cheah, Yihan Goh
An Empirical Study On The Singapore Court Of Appeal’S Citation Of Academic Works: Reflections On The Relationship Between Singapore’S Judiciary And Academia, Wui Ling Cheah, Yihan Goh
Research Collection Yong Pung How School Of Law
In the light of Singapore’s aspiration to be a centre of legal ideas in the region, it is opportune to examine the Singapore courts’ use of legal scholarship. This article provides a preliminary map of the Singapore Court of Appeal’s citation practices. It provides an overview of the Singapore Court of Appeal’s use or citation of legal scholarship in its decisions over the past 50 years. It identifies and evaluates trends in the Singapore Court of Appeal’s citations of academic material and the types of academic material cited.
The English Reformulation Of The Penalty Rule: Relevance In Singapore?, Yihan Goh, Man Yip
The English Reformulation Of The Penalty Rule: Relevance In Singapore?, Yihan Goh, Man Yip
Research Collection Yong Pung How School Of Law
English law on the rule against penalty clauses (“penalty rule”) has had a stable if unsatisfactory formulation for a while. The courts have long distinguished between liquidated damages and a penalty, on the basis that the former is a genuine pre-estimate of loss and that the latter is an unjustifiable tool used to coerce the performance of a contract. These long-standing principles have now to be re-evaluated in the light of the much-anticipated joint appeals of Cavendish Square Holding BV v Makdessi and ParkingEye Ltd v Beavis (collectively “Cavendish”). The purpose of this case note is to discuss Cavendish and …