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Articles 1 - 4 of 4
Full-Text Articles in Social and Behavioral Sciences
The Limits To Freedom To Contract: Supreme Court Case Summary: Leiman, Ricardo V Noble Resources Ltd, Jia Xin Tan
The Limits To Freedom To Contract: Supreme Court Case Summary: Leiman, Ricardo V Noble Resources Ltd, Jia Xin Tan
Singapore Law Journal (Lexicon)
In line with the principle of freedom to contract, the courts will give effect to the intention of the parties in creating their contract, and also hold them to their duty to perform their primary obligations under such contract. However, where the contracting parties agree to vest certain decision-making powers to a specific (non-judicial) entity, to what extent may a court review the exercise of powers by such entity?
Do Algorithms Dream Of Mistaken Contracts? Supreme Court Case Summary: Quoine Pte Ltd V B2c2 Ltd, Lokman Bin Mohamed Rafi Hakim
Do Algorithms Dream Of Mistaken Contracts? Supreme Court Case Summary: Quoine Pte Ltd V B2c2 Ltd, Lokman Bin Mohamed Rafi Hakim
Singapore Law Journal (Lexicon)
Can an agreement which is formed purely through the operation of algorithms be considered a binding contract? If so, can such a contract be unilaterally cancelled because of a mistake, where such mistake resulted in trades being concluded at 250 times the market rate? This was the question before the Court of Appeal (“CA”) in the case of Quoine Pte Ltd v B2C2 Ltd [2020] SGCA(I) 2.
The Impossibility Defence: Supreme Court Case Summary: Han Fang Guan V Public Prosecutor, Kwang Chian Lee
The Impossibility Defence: Supreme Court Case Summary: Han Fang Guan V Public Prosecutor, Kwang Chian Lee
Singapore Law Journal (Lexicon)
In Han Fang Guan v Public Prosecutor [2020] SGCA 11, the Court of Appeal (“CA”) clarified the law regarding “impossible attempts”, which are attempts to commit an offence that could not possibly have been consummated in the circumstances. The accused Han Fang Guan (“Han”) was charged with the capital charge of attempting to possess one bundle containing not less than 18.62g of diamorphine (also known as heroin) for the purpose of drug trafficking, an offence under section 5(1)(a) read with section 5(2) and section 12 of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) (“MDA”).
Accrual Of Cause Of Action In Negligence: Ipp Financial Advisers Pte V Saimee Bin Jumaat, Gary Kok Yew Chan
Accrual Of Cause Of Action In Negligence: Ipp Financial Advisers Pte V Saimee Bin Jumaat, Gary Kok Yew Chan
Singapore Law Journal (Lexicon)
Damage is the gist of the action in negligence. An action in negligence is said to accrue only when damage arises. The precise timing of the damage is an important factor in an application to strike out a claim in negligence on the ground that it was filed out of time contrary to the Limitation Act. Consequently, the lawsuit may have to be initiated within a specified period from the accrual of the cause of action.