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Full-Text Articles in Law
The Interaction Between Foreign And Domestic Doctrines Of Illegality: Ang Jian Sheng Jonathan V Lyu Yan [2021] 1 Slr 1091, Wen Yee Chang
The Interaction Between Foreign And Domestic Doctrines Of Illegality: Ang Jian Sheng Jonathan V Lyu Yan [2021] 1 Slr 1091, Wen Yee Chang
Singapore Law Journal (Lexicon)
Moves to promote Singapore as an international dispute resolution hub in recent years1 have seen an increase in the number of international disputes being heard in Singapore.2 In 2021, Singapore was recognised as the top seat of arbitration globally, with the Singapore International Arbitration Centre chosen as the most preferred arbitral institution in the Asia-Pacific.3 On the litigation front, the Singapore International Commercial Court (“SICC”) is also well-positioned to deal with an expected 26 percent surge in cross-border insolvency disputes arising due to the current pandemic.4 Against this backdrop, cross-border issues will be more frequently dealt with before Singapore courts. …
The Precise Ambit Of The Sealing Requirement For Deeds, Robbie Shih Rong Tan
The Precise Ambit Of The Sealing Requirement For Deeds, Robbie Shih Rong Tan
Singapore Law Journal (Lexicon)
Parties (“creditors”) who loan money to others (“debtors”) are often concerned that the debtors will be unable or unwilling to repay them. Such creditors may then enter into deeds of guarantee with third parties (“guarantors”) to secure the repayment of their loans if their debtors default on payment of the same. Unlike a contract, a deed does not require consideration to be legally enforceable. However, for a deed to be legally enforceable, several other formalities must be fulfilled. In particular, the deed must be “signed, sealed, and delivered”.
Remedying The Uncertainty Surrounding Penalties And Liquidated Damages: Denka Advantech Pte Ltd V Seraya Energy Pte Ltd [2021] 1 Slr 631, Qing Zhe Tan, Rui Xin Lee
Remedying The Uncertainty Surrounding Penalties And Liquidated Damages: Denka Advantech Pte Ltd V Seraya Energy Pte Ltd [2021] 1 Slr 631, Qing Zhe Tan, Rui Xin Lee
Singapore Law Journal (Lexicon)
In Singapore, the authority for penalty clauses had always been the seminal case of Dunlop Pneumatic Tyre Company, Limited v New Garage and Motor Company, Limited (“Dunlop”).
Walking A Tightrope In The Online Arena – Regulating The Freedom Of Expression, Yoong San Tan
Walking A Tightrope In The Online Arena – Regulating The Freedom Of Expression, Yoong San Tan
Singapore Law Journal (Lexicon)
Accompanying the COVID-19 pandemic is the rise of online hate speech, where the Internet and social media platforms become convenient breeding grounds for prohibited speech. While there are existing liabilities imposed on Internet intermediaries to regulate the online arena, this article explores the shortcomings of such measures. It proposes other means to complement the efforts of the intermediaries in cultivating a safer online sphere for the freedom of expression.
Reforming Singapore’S Law On Division Of Matrimonial Assets, Jia En Teo
Reforming Singapore’S Law On Division Of Matrimonial Assets, Jia En Teo
Singapore Law Journal (Lexicon)
Section 46(1) of the Women’s Charter undergirds the sacrosanct institution that is marriage – it lays out its moral basis and expresses society’s hopes and expectations of the ideal marital relationship: marriage is an equal cooperative partnership of different efforts for mutual benefit. It is thus no surprise that even when a marriage is terminated, the division of matrimonial assets is also founded upon this prevailing ideology. However, as opposed to equal division, Singapore law dictates a “just and equitable” division of matrimonial assets, where wide discretion and power is vested in the judiciary. This legal rule has been criticised …
Giants Of Contract Law – Some Personal Reflections, Hon. Andrew Phang
Giants Of Contract Law – Some Personal Reflections, Hon. Andrew Phang
Singapore Law Journal (Lexicon)
The law of contract may seem mostly technical and, on occasion, even overly theoretical. However, if one looks more closely at its foundations as well as scholarship, it is clear that contract law has much greater value to offer us. In that regard, the present essay has two main aims. The first is the give a brief account of the lives as well as scholarship of four giants of contract law whom we have lost in the past few years. Indeed, it may be said that their scholarship has contributed to the foundational bedrock of the law of contract as …
Foreword, Hon. Andrew Phang
Foreword, Hon. Andrew Phang
Singapore Law Journal (Lexicon)
Amongst my first articles as a young legal academic was an essay on the problematic issue of stare decisis (or, in accordance with the mandate nowadays to use plain English, the doctrine of binding precedent) in the local context. It was published in a volume which revived the hitherto dormant Singapore Law Review (which, happily, has gone on from strength to strength ever since). This particular contribution was especially meaningful on a personal level because it was written at the end of my maiden year as a law tutor and, more importantly, fulfilled my desire to contribute in a tangible …
Retirement From Trusteeship – Express And Statutory Powers: Supreme Court Case Summary: Chan Yun Cheong (Trustee Of The Will Of The Testator) V Chan Chi Cheong (Trustee Of The Will Of The Testator, Noemi En-Hui Sarah Chaw
Retirement From Trusteeship – Express And Statutory Powers: Supreme Court Case Summary: Chan Yun Cheong (Trustee Of The Will Of The Testator) V Chan Chi Cheong (Trustee Of The Will Of The Testator, Noemi En-Hui Sarah Chaw
Singapore Law Journal (Lexicon)
This case involved two trustees of a testamentary trust,1 both of whom alleged that they had resigned as trustees. Trusteeship is a serious appointment that comes with responsibilities. Under the Trustees Act (Cap 337, 2005 Rev Ed) (“Trustees Act”), which governs trusts in Singapore, once a person takes up a trusteeship, he cannot simply relinquish his duties at will but must do so in accordance with the law and the terms of the trust instrument.
A Novel Approach To Deriving Sentencing Frameworks – Sentencing As A Science And/Or Art? Supreme Court Case Summary: Takaaki Masui V Public Prosecutor, Keith Ian Ray Toh, Shawn De Xian Ang
A Novel Approach To Deriving Sentencing Frameworks – Sentencing As A Science And/Or Art? Supreme Court Case Summary: Takaaki Masui V Public Prosecutor, Keith Ian Ray Toh, Shawn De Xian Ang
Singapore Law Journal (Lexicon)
In Takaaki Masui v Public Prosecutor and another appeal and other matters [2021] 4 SLR 160 (“Masui v PP”), the High Court (“HC”) introduced a new sentencing framework for purely private corruption offences under ss 6(a) and 6(b) of the Prevention of Corruption Act (Cap 241, 1993 Rev Ed) (“PCA”). Significantly, the HC utilised mathematical concepts to evaluate and determine the content of sentencing frameworks, and also employed multiple two-dimensional and three-dimensional (“2D” and “3D”) graphs to represent various sentencing frameworks. This case summary will explore the analytical method employed by the HC and discuss whether the new sentencing framework …
Through The Rocky Road – Divergent Opinions On “No Oral Modification” Clauses: Charles Lim Teng Siang V Hong Choon Hau [2021] 2 Slr 153, Wei Xuan Joel Fun
Through The Rocky Road – Divergent Opinions On “No Oral Modification” Clauses: Charles Lim Teng Siang V Hong Choon Hau [2021] 2 Slr 153, Wei Xuan Joel Fun
Singapore Law Journal (Lexicon)
A no oral modification (“NOM”) clause refers to a contractual clause which seeks to exclude any modification of terms of a particular agreement unless such modifications are made in written form. However, if a party can prove that there has been an oral variation of such an agreement, can the counterparty rely on this clause to invalidate the variation?