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Full-Text Articles in Law
Icac And The Community, Mark Findlay
Icac And The Community, Mark Findlay
Research Collection Yong Pung How School Of Law
Recently the language of 'community' has been widely used in the official discourse of criminal justice administration in Australia, in an obvious effort to legitimate new developments away from more traditional crime control. Commentators are now asking, why all this 'community speak' about policing, mediation, and corrections? As regards the 'community' perspective of anti-corruption initiatives, it is an attempt to transfer to the new institutions and processes some of the more positive implications which are assumed to flow from community allegiance.
Show Trials In China: The Aftermath Of Tiananmen Square, Mark Findlay
Show Trials In China: The Aftermath Of Tiananmen Square, Mark Findlay
Research Collection Yong Pung How School Of Law
After the military massacre in Tiananmen Square on 4 June it came as no surprise that the nominated 'rioters and counter revolutionaries' would soon be paraded before the courts. Even in the People's Republic of China, where a formal criminal court structure is a comparatively recent addition to the social control framework, the trial process is being employed as an immediate state response to community disjuncture and political challenge.
Exception Clauses And Negligence-The Influence Of Contract On Bailment And Tort, Andrew B.L. Phang
Exception Clauses And Negligence-The Influence Of Contract On Bailment And Tort, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
Judgments at first instance have rarely been the subject of comment.' The recent decision of Steyn J in Singer Co (UK) Ltd v Tees and Hartlepool Port Authority,2 however, merits consideration for at least three reasons. First, it focuses upon important issues in the law of bailment, at least one of which has hitherto only been considered at first instance in any event. Secondly, the decision provokes thought on the much broader issue of the effect of exception clauses upon the general duty of care in tort, in particular whether the reasoning in the bailment context could be extended and …
Of Codes And Ideology: Some Notes On The Origins Of The Major Criminal Enactments Of Singapore, Andrew B.L. Phang
Of Codes And Ideology: Some Notes On The Origins Of The Major Criminal Enactments Of Singapore, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
This article, as its title suggests, surveys the historical background to the major criminal enactments of Singapore. As a subsidiary function, it also attempts to illustrate the possible ideology underlying the enactment of one particular statute, viz., the Penal Code - a possibility that might point the way toward broader conclusions as well as studies encompassing the role and function of the law in colonial Singapore from a more general point of view.
Sugar Coated Bullets: Corruption And The New Economic Order In China, Mark Findlay, Thomas Chor-Wing Chiu
Sugar Coated Bullets: Corruption And The New Economic Order In China, Mark Findlay, Thomas Chor-Wing Chiu
Research Collection Yong Pung How School Of Law
The recent political debate concerning the influence of corruption on the “new economic order” in the People's Republic of China is unique not only for its detailed and public manifestations, but also because it works around the acceptance of some degree of corporate private ownership of the means of production within China. The concern for corruption in Chinese government and commerce is not, of itself, novel.We prefer in this paper briefly to focus on the economic and political environment from within which this concern has been generated, to comment on the significance for the Government of the PRC in associating …
Measuring The Unjust Enrichment In A Restitution, Howard Hunter
Measuring The Unjust Enrichment In A Restitution, Howard Hunter
Research Collection Yong Pung How School Of Law
Unjust enrichment is a theme common to most restitution cases in the United States. The theory of recovery is based on a justice principle the disgorgement of an unfairly obtained gain. The goal, in general, is to require the defendant to give up his gain rather than to compensate the plaintiff for a loss, as in a tort case, or to substitute damages for an unfulfilled expectancy, as in a contract case. This paper examines some of the issues that surround the measurement of the unjust enrichment and the defendant's liability. There are a number of straightforward rules for the …
Common Mistake In English Law: The Proposed Merger Of Common Law And Equity, Andrew B.L. Phang
Common Mistake In English Law: The Proposed Merger Of Common Law And Equity, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
Although the law relating to common mistake’ has engendered a plethora of conundrums, many problem areas have in fact been well-traversed in the literature.‘ The present article does not seek to re-cover such welltrodden ground, but attempts, instead, to suggest a different and more systematic approach that would effect a merger of the common law and equitable3 branches of common mistake into one coherent, doctrine.
Of Generality And Specificity – A Suggested Approach Toward The Development Of An Autochthonous Singapore Legal System, Andrew B.L. Phang
Of Generality And Specificity – A Suggested Approach Toward The Development Of An Autochthonous Singapore Legal System, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
This very brief essay seeks to sketch out as well as consider an approach toward legal analysis and reasoning that would aid in the development of an autochthonous Singapore legal system, ' and that, in any event, would probably also be relevant even in more generalized ad hoc situations. It is assumed that many, if not most, of those involved in the discipline of Singapore law desire the construction of an autochthonous legal system, although the skeptic might find - as just mentioned - the approach suggested here of some utility as well.
Quantum Meruit And Building Contracts: Part I The Quantum Meruit Concept, Howard Hunter, J. W. Carter
Quantum Meruit And Building Contracts: Part I The Quantum Meruit Concept, Howard Hunter, J. W. Carter
Research Collection Yong Pung How School Of Law
The aim of this article is to discuss the restitutionary principles applicable to quantum meruit claims in building contracts. In the first part we consider the concept itself and identify the contexts in which such a claim is pursued. In the second part of the article, to be published in the next issue of the JCL, attention is directed, principally, to one issue, namely whether the contract price constitutes a ceiling on the amount recoverable under a quantum meruit claim following breach by the defendant.
Quantum Meruit And Building Contracts: Part Ii Does The Contract Price Put A Ceiling On A Recovery Via A Quantum Meruit?, Howard Hunter, J. W. Carter
Quantum Meruit And Building Contracts: Part Ii Does The Contract Price Put A Ceiling On A Recovery Via A Quantum Meruit?, Howard Hunter, J. W. Carter
Research Collection Yong Pung How School Of Law
The question posed by the title of this part of the article has been the subject of a substantial amount of commentary by American legal scholars and has been a central issue in a number of cases, almost all of them involving building contracts. The problem is easy to state: P and D have an agreement for P to construct a building for a total consideration of $X. When P is partially finished, D breaches. If the contract price and the value of the work to date roughly coincide, there is usually little problem in determining P's recovery. The standard …