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Full-Text Articles in Law
Letters Of Comfort Revisited, Pey Woan Lee
Letters Of Comfort Revisited, Pey Woan Lee
Research Collection Yong Pung How School Of Law
Since the English Court of Appeal’s decision in Kleinwort Benson Ltd v. Malaysia Mining Corp. Bhd, it would be understandable if the business community placed little or no reliance on letters of comfort save in the exceptional case where the terms evince an undeniably clear intention to create binding obligations. It might therefore seem somewhat surprising that an experienced and sophisticated institution should commence proceedings in the High Court of Singapore on the premise of a letter of awareness in Hongkong and Shanghai Banking Corporation Ltd v. Jurong Engineering Ltd. This could plausibly be explained as the bank’s last-ditch attempt …
Contract Law, Andrew Phang
Contract Law, Andrew Phang
Research Collection Yong Pung How School Of Law
As expected, the number of Singapore cases during the year under review impacting the law of contract is enormous. As I have mentioned in previous reviews, this is due to the fact that the law of contract permeates virtually all areas of the law of obligations – and, on occasion, beyond as well. I will therefore adopt the approach which has been adopted during previous years: which is to focus, in the main, on general principles. There have – as we shall see – been a few cases that are of especial significance. Not surprisingly, given the fact that the …
Mistake In Contract Law —Two Recent Cases, Andrew Phang
Mistake In Contract Law —Two Recent Cases, Andrew Phang
Research Collection Yong Pung How School Of Law
The doctrine of mistake in contract law has had a chequered history. Indeed, its very existence has been questioned (see, e.g., Slade, (1954) 70 L.Q.R. 385 and Atiyah and Bennion, (1961) 24 M.L.R. 421). But, like a bad penny that will not go away, the doctrine remains stubbornly embedded in the contractual landscape and has in fact witnessed a small revival of sorts in recent years (see, e.g., Clarion Ltd. v. National Provident Institution [2000] 2 All E.R. 265 (noted Phang, (2002) 1 J.O.R. 21)).
On Justificiation And Method In Law Reform: The Contracts (Rights Of Third Parties) Act 1999, Andrew Phang
On Justificiation And Method In Law Reform: The Contracts (Rights Of Third Parties) Act 1999, Andrew Phang
Research Collection Yong Pung How School Of Law
The present article, whilst focusing on the English Contracts (Rights of Third Parties) Act 1999, does not canvass the more specific details of that Act which have been dealt with quite comprehensively elsewhere. The focus of this article is broader and is dual in nature. It will examine, first, the justification for the 1999 Act and, in particular, attempts to respond to the critique that the Act is wholly anathema to the underlying justification of the doctrine of privity itself. It will also consider whether or not the 1999 Act is an effective improvement over the existing (as well as …