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Full-Text Articles in Law
Contract Law Update 2014, Yihan Goh
Contract Law Update 2014, Yihan Goh
Research Collection Yong Pung How School Of Law
With the end of 2014 almost upon us, it is apposite to take stock of the more important developments in Singapore contract law in the year. This entry examines four cases that straddle important developments across various fields in contract law, namely, formation, terms, breach and illegality. In each case, it can be seen that the Singapore courts are anxious to consolidate existing law, and to chart new courses where relevant and appropriate.
Corporate Claims Against Director For Paying Bribes On Company's Behalf: Ho Kang Peng V Scintronix (Formerly Ttl Holdings), Wai Yee Wan
Research Collection Yong Pung How School Of Law
Can a company recover the value of the bribe from a director who has paid the bribe, on behalf of the company, to a third party to secure certain benefits for the company, and where it is not alleged that the director had personally benefitted from the bribe? This question raises several complex issues relating to directors’ standard of care, corporate authorisation and corporate illegality, which were considered by the recent decision of the Singapore Court of Appeal in Ho Kang Peng v Scintronix Corp (formerly known as TTL Holdings).
Default Standards For Non-Absolute Obligation Clauses: Ks Energy V Br Energy Electricity Generation V Woodside Energy, Man Yip, Yihan Goh
Default Standards For Non-Absolute Obligation Clauses: Ks Energy V Br Energy Electricity Generation V Woodside Energy, Man Yip, Yihan Goh
Research Collection Yong Pung How School Of Law
A “reasonable endeavours” undertaking, and its variants, are common features of commercial contracts. These clauses might be inserted into agreements to balance the interests of the parties where the achievement of the contractual object involves conditions beyond the obligor’s control, for example, the procurement of a third party’s performance. Equally common is the insertion of these clauses into contracts to resolve a negotiation stalemate where one party refuses to promise the absolute achievement of the contractual objective.
Restitution Of Mistaken Enrichment Under Section 73 Of Malaysia's Contracts Act 1950: Pouring New Wine Into An Old Bottle?, Alvin W. L. See
Restitution Of Mistaken Enrichment Under Section 73 Of Malaysia's Contracts Act 1950: Pouring New Wine Into An Old Bottle?, Alvin W. L. See
Research Collection Yong Pung How School Of Law
This article makes two main suggestions regarding the interpretation of s 73 of Malaysia's Contracts Act 1950, which sets out the right to recover a mistaken enrichment. The first suggestion is that the courts should have regard to the historical background against which the section was enacted, especially because the pre-enactment common law was a historical curiosity. This will dispel certain misconceptions about the nature of the statutory right by shedding light on its supposed affinity with contract and its relationship with the obsolete forms of action and the principle of unjust enrichment. The second suggestion is that the content …
Judicial Inactivitism In Protecting Financial Consumer Against Predatory Sale Of Retail Structured Products: A Reflection From Retail Structured Notes Lawsuits In Taiwan, Chao-Hung Chen
Research Collection Yong Pung How School Of Law
This article analyzes 310 structured note lawsuits in Taiwan between 2000 and 2013 to examine courts’ attitude in dealing with claims of misselling retail structured notes. We find that courts were generally not favorable to retail investors. This provides a contrast with the financial regulator’s efforts to improve financial consumer protection since 2008. By examining plaintiffs’ key arguments and courts’ rulings, we find that it was difficult for investors to fulfill their burden of proof and courts were reluctant to award remedies when investors did sign on a contractual document confirming his knowledge on a few matters. While regulators are …
A Wrong Turn In History: Re-Understanding The Exclusionary Rule Against Prior Negotiations In Contractual Interpretation, Yihan Goh
Research Collection Yong Pung How School Of Law
A reason justifying the exclusionary rule against prior negotiations in the interpretation of contracts is its longevity. Yet, the authorities commonly cited in support of the exclusionary rule are mostly traceable to Lord Wilberforce’s speech in the relatively recent case of Prenn v Simmonds. This article suggests that the law took a wrong turn in that case and caused later courts to support the exclusionary rule by recourse to policy-oriented justifications, instead of principle-based ones. The emphasis on policy-oriented justifications, and the recantation of Prenn v Simmonds as reason enough for the exclusionary rule, support an independent rule against prior …
Agency And Partnership Law [2013], Pearlie M. C. Koh, Stephen Noel Henry Bull
Agency And Partnership Law [2013], Pearlie M. C. Koh, Stephen Noel Henry Bull
Research Collection Yong Pung How School Of Law
The laws relating to the creation of an agency, implied authority, holding out and apparent authority, duties of the agent in relation to Agency law are discussed. The laws relating to partnership law and issues such as relationship of partners to third parties, relationships of partners between themselves and capacity to be a partner are highlighted.
Recognition Of Foreign Judgments And Cross-Border Insolvencies, Adeline Chong
Recognition Of Foreign Judgments And Cross-Border Insolvencies, Adeline Chong
Research Collection Yong Pung How School Of Law
In the joined appeals of Rubin v Eurofinance and New Cap Reinsurance v Grant, the Supreme Court held that first, the traditional rules on recognition and enforcement of foreign judgments applied to judgments in insolvency proceedings, and secondly, the act of lodging proof in foreign insolvency proceedings by a creditor meant that he had submitted to the jurisdiction of the supervising court. This article considers these decisions and suggests that the ruling in Rubin is sound while that in New Cap is unfounded. Further, assuming instead that the law is ripe for reform, this article considers what might be appropriate …