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Full-Text Articles in Law
Service Out Of Jurisdiction: Submission And Natural Forum, Man Yip
Service Out Of Jurisdiction: Submission And Natural Forum, Man Yip
Research Collection Yong Pung How School Of Law
No abstract provided.
Subject To Review? Consideration, Liquidated Damages And The Penalty Jurisdiction, Eliza Mik
Subject To Review? Consideration, Liquidated Damages And The Penalty Jurisdiction, Eliza Mik
Research Collection Yong Pung How School Of Law
The paper examines the relationship between what seem to be basic principles in contract law: "consideration need not be adequate" and "the rule against penalties applies only to sums payable on breach." The 'reluctant inspiration' lies in the recent Australian case of Andrews v. Australia and New Zealand Banking Group Ltd, which establishes that the absence of breach or an obligation to avoid the occurrence of an event upon which a sum becomes payable, does not render such sum incapable of being characterized as a penalty. This decision constitutes an unexpected divergence from the position in most other common law …
Enhancing Sentences In The Absence Of A Prosecution Appeal, Kwan Ho Lau
Enhancing Sentences In The Absence Of A Prosecution Appeal, Kwan Ho Lau
Research Collection Yong Pung How School Of Law
Sometimes, following aconviction, an appeal is brought by the convicted person without anycross-appeal by the Prosecution on the sentence. Can the appellate courtnevertheless increase the sentence imposed below? This study of the relevant casesand statutory provisions in Singapore suggests that both the High Court and the Court ofAppeal are vested with the power to increase the sentence even where theonly appeal is brought by the convicted person.