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Full-Text Articles in Law

Explaining Contractual Remoteness In Singapore, Yihan Goh Jul 2011

Explaining Contractual Remoteness In Singapore, Yihan Goh

Research Collection Yong Pung How School Of Law

The Singapore Court of Appeal (the Court of Appeal) has in MFM Restaurants Pte Ltd v Fish & Co Restaurants Pte Ltd rejected Lord Hoffinann's assumption of responsibility test (articulated in The Achilleas) to determine whether damages are too remote in a contractual claim. The Court of Appeal, however, retained assumption of responsibility as a concept to explain the orthodox test for remoteness as embodied in Hadley v Baxendale. To that extent, it expressly accepted Lord Hoffmann's approach in The Achilleas in so far as the concept of assumption of responsibility is already incorporated or embodied in both limbs of …


Tort Law, Kumaralingam Amirthalingam, Gary Kok Yew Chan Jun 2011

Tort Law, Kumaralingam Amirthalingam, Gary Kok Yew Chan

Research Collection Yong Pung How School Of Law

The Court of Appeal decision in Chan Cheng Wah v Koh Sin Chong Freddie and another appeal [2012] 1 SLR 506 ("Chan Cheng Wah (CA)") concerned the nature of defamatory meaning and the defences of justification and qualified privilege. The dispute arose from two allegedly defamatory statements published in the minutes of meeting of a management committee of a club ("current MC") concerning the actions of the previous management committee ("previous MC"). Four members of the previous MC sued the defendant, the president of the current MC, in respect of the statements.


A Presence Of The Past: The Legal Protection Of Singapore’S Archaeological Heritage, Jack Tsen-Ta Lee May 2011

A Presence Of The Past: The Legal Protection Of Singapore’S Archaeological Heritage, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

Singapore is not well known for its archaeological heritage. In fact, chance finds in the early 20th century and systematic archaeological excavations since the 1980s conducted at sites around the Singapore River have unearthed artefacts shedding light on the island’s early history. In addition, the value of archaeology for a deeper knowledge of Singapore’s British colonial past is increasingly being recognized. Nonetheless, Singapore law provides only a rudimentary framework to facilitate archaeological investigations and protect cultural artefacts. This article considers how the National Heritage Board Act (Cap 196A, 1994 Rev Ed), the Planning Act (Cap 232, 1998 Rev Ed), and …


Key Issues That Have Not Been Addressed, Tan K. B. Eugene May 2011

Key Issues That Have Not Been Addressed, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

The last nine days of hustings period have provided for a most engaging electoral campaign in recent memory. There seems to be a nascent but growing political consciousness and Singaporeans are not shy to express their political inclinations and loyalties.


The Mandatory Death Penalty And A Sparsely Worded Constitution, Jack Tsen-Ta Lee Apr 2011

The Mandatory Death Penalty And A Sparsely Worded Constitution, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

It was not unexpected that the Singapore Court of Appeal would reaffirm the constitutionality of the mandatory death penalty for certain forms of drug trafficking in Yong Vui Kong v Public Prosecutor [2010] 3 S.L.R 489. ... The appellant made submissions based on Articles 9(1) and 12(1) of the Constitution, which respectively guarantee rights to life and personal liberty, and to equality before the law and equal protection of the law. This note examines aspects of the Article 9(1) arguments.


Agency And Partnership Law [2010], Pearlie Koh, Stephen Bull Jan 2011

Agency And Partnership Law [2010], Pearlie Koh, Stephen Bull

Research Collection Yong Pung How School Of Law

No abstract provided.


The Transcolonial Politics Of Chinese Domestic Mastery In Singapore And Darwin 1910s-1930s, Claire K. Lowrie Jan 2011

The Transcolonial Politics Of Chinese Domestic Mastery In Singapore And Darwin 1910s-1930s, Claire K. Lowrie

Faculty of Law, Humanities and the Arts - Papers (Archive)

Feminist and postcolonial scholars have long argued that the home was a microcosm and a symbol of the colony. To exercise power in the home, to practice domestic mastery over colonised servants, was an expression of colonial power. At the same time, intimate contact and domestic conflicts between non-white servants and their employers had the potential to destabilise hierarchical distinctions, thereby threatening the stability of colonial rule. As Ann Laura Stoler puts it, the home was a site where "racial classifications were defined and defied" and where relations between coloniser and colonised could sustain or challenge colonial rule. The vast …


Straits Of Malacca And Singapore: Ensuring Safe Navigation, Mohd Mohd Rusli Jan 2011

Straits Of Malacca And Singapore: Ensuring Safe Navigation, Mohd Mohd Rusli

Faculty of Law - Papers (Archive)

The Straits of Malacca and Singapore are two of the world's most congested straits used for international shipping. There are existing hazards impeding safe navigation through the Straits. What would be the impact of a proposed bridge linking Sumatra and Malaysia?


Balancing The Tensions Between Shipping And Marine Environmental Protection In The Straits Of Malacca And Singapore: Have The Straits Reached An Environmental Tipping Point?, Mohd Mohd Rusli Jan 2011

Balancing The Tensions Between Shipping And Marine Environmental Protection In The Straits Of Malacca And Singapore: Have The Straits Reached An Environmental Tipping Point?, Mohd Mohd Rusli

Faculty of Law - Papers (Archive)

Having reputations as two of the world's most critical straits for international shipping activities, the problem of vessel-source pollution has always been endemic in the Straits of Malacca and Singapore. With the projected steady increase of navigational traffic through the Straits of Malacca and Singapore each year, this situation would eventually create more intricate situations for the littoral States of the Straits, namely Malaysia, Indonesia and Singapore especially in maintaining the marine environment of the Straits from vessel-source pollution. Therefore, this article ventures into possible shipping control mechanisms available to the littoral States, namely measures provided by the IMO and …