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Articles 1 - 16 of 16
Full-Text Articles in Law
Section 25(6) Of The Judicature Act 1873: A ‘Procedural’ Approach, Chee Ho Tham
Section 25(6) Of The Judicature Act 1873: A ‘Procedural’ Approach, Chee Ho Tham
Research Collection Yong Pung How School Of Law
Section 25(6) was re-enacted as section 136(1), replacing the law French ‘chose in action’ with the more Anglo-Saxon ‘thing in action’, together with other minor differences, but to no substantial effect. Largely unchanged, the construct now found in section 136(1) has been part of English law for 150 years. However, understanding what section 136(1) does, and how it does it, remains muddled. On the one hand, given Lord Macnaghten’s pointed observation in William Brandt’s Sons v Dunlop Rubber that, ‘[section 25(6)] does not forbid or destroy equitable assignments or impair their efficacy in the slightest degree’, Smith & Leslie takes …
Equity In Commerce: Too Much And Too Little?, Man Yip
Equity In Commerce: Too Much And Too Little?, Man Yip
Research Collection Yong Pung How School Of Law
The interaction and clash between equity and commerce have attracted much attention from judges and academics in recent years. Commercial lawyers may complain about equity introducing uncertainty into commercial endeavours and at times, (mis-)applying the ‘moral standards of the vicarage’ to actors in commercial dealings. However, the objections are not directed at all aspects of equity, but are usually addressed to some ‘disfavoured parts of it’, such as the creation of a new obligation or discretionary remedies. On the other hand, from the perspective of equity lawyers, equity’s interplay with commerce may lead to the contractualisation or commercialisation of equitable …
Fica: What Checks & Balances Are Needed Against Powers Being Used Inappropriately?, Tan K. B. Eugene, Benjamin Joshua Ong
Fica: What Checks & Balances Are Needed Against Powers Being Used Inappropriately?, Tan K. B. Eugene, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
COMMENTARY: "The key question is not whether the state should have powers to take countermeasures, but rather whether there are adequate checks against the risk of those powers being inappropriately used."
Radbruch’S Formula Revisited: The ‘Lex Injusta Non Est Lex’ Maxim In Constitutional Democracies, Seow Hon Tan
Radbruch’S Formula Revisited: The ‘Lex Injusta Non Est Lex’ Maxim In Constitutional Democracies, Seow Hon Tan
Research Collection Yong Pung How School Of Law
According to German legal philosopher Gustav Radbruch, laws that are substantively unjust to an intolerable degree should not be regarded as legally valid, even if they were promulgated according to stipulated procedure. Radbruch’s Formula (as his position has been termed) contradicts the central tenet of legal positivism, according to which the existence of laws does not necessarily depend on their merit. While some legal positivists suppose that legal invalidity based on the content of particular laws is a central tenet of natural law theory, natural law theorists such as John Finnis opine that the lex injusta non est lex maxim …
Catch Me If You Can: Claiming Jurisdiction Over An Overseas Defendant: Shanghai Turbo Enterprises Ltd V Liu Ming [2019] Sgca 11, Aaron Yoong, Nguyen Sinh Vuong
Catch Me If You Can: Claiming Jurisdiction Over An Overseas Defendant: Shanghai Turbo Enterprises Ltd V Liu Ming [2019] Sgca 11, Aaron Yoong, Nguyen Sinh Vuong
Research Collection Yong Pung How School Of Law
The appellant, Shanghai Turbo Enterprises Ltd (“Shanghai Turbo”), is a Singapore-listed company that owns Hong Kong-incorporated Best Success (Hong Kong) Ltd, which in turn owns China-incorporated Changzhou 3D Technological Complete Set Equipment Ltd (“CZ3D”). The respondent, Liu Ming (“Liu”), owned approximately 30% of the shares in Shanghai Turbo. He was also a director of all three companies, and held other management positions there. In April 2017, Shanghai Turbo fired Liu from all his positions in the companies, allegedly because of declining levels of profit under his management. Subsequently, Shanghai Turbo filed a suit against Liu for breaching his service agreement …
The Commercialisation Of Equity, Man Yip, James Lee
The Commercialisation Of Equity, Man Yip, James Lee
Research Collection Yong Pung How School Of Law
This paper analyses the jurisprudence on the relevance of the commercial context to principles of the law of equity and trusts. We criticise recent UK Supreme Court decisions in the area (chiefly Williams v Central Bank of Nigeria, FHR European Ventures v Cedar Capital Partners and AIB Group v Mark Redler & Co) and identify a trend of the 'commercialisation' of the issues. The cases are placed in comparative context and it is argued that there is an unsatisfactory pattern of judicial reasoning, exhibiting a preference for some degree of unarticulated flexibility in commercial adjudication. But the price of that …
The Case Against Physician-Assisted Suicide And Voluntary Active Euthanasia: A Jurisprudential Consideration, Seow Hon Tan
The Case Against Physician-Assisted Suicide And Voluntary Active Euthanasia: A Jurisprudential Consideration, Seow Hon Tan
Research Collection Yong Pung How School Of Law
Twenty years after the Advance Medical DirectiveAct came into force in Singapore, the issue of the legalisation ofphysician-assisted suicide and voluntary active euthanasia remains live. Thisarticle examines the case for legalisation, replying to the points raised inthe article by Toh Puay San and Stanley Yeo, “Decriminalisingphysician-assisted suicide in Singapore” (2010) 22 SAcLJ 379–412, which hadincluded draft legislation in its proposal. It critically discusses thetheoretical underpinnings of such legalisation and argues that the contentionof the authors that the benefits of allowing terminally-ill patients the optionof physician-assisted suicide far outweigh the harms is not supported. Afortiori, voluntary active euthanasia should not be …
Justice As Friendship: Book Review, Wei Yao, Kenny Chng
Justice As Friendship: Book Review, Wei Yao, Kenny Chng
Research Collection Yong Pung How School Of Law
Dr. Tan Seow Hon’s book, Justice As Friendship: A Theory of Law (Ashgate, 2015), presents a unique and compelling argument for the proposition that law can be justified by extra-legal moral principles elucidated through the heuristic device of friendship.
Of Links And Legal Merits: Good Faith In The Statutory Derivative Action In Singapore, Pearlie M. C. Koh
Of Links And Legal Merits: Good Faith In The Statutory Derivative Action In Singapore, Pearlie M. C. Koh
Research Collection Yong Pung How School Of Law
An applicant for leave to bring a statutory derivative action in Singapore is required to satisfy the court as to, inter alia, his good faith. Although the statutory language places the burden of doing so on the applicant, Singapore courts have tended to assume the presence of good faith if the claim is a legitimate one. This approach, which denigrates the requirement of good faith, was recently disapproved by the Singapore Court of Appeal. This notwithstanding, subsequent cases have reverted to the earlier position, casting doubt on the utility of the requirement. This paper considers good faith, and argues that …
The Pallant V Morgan Equity Reconsidered, Man Yip
The Pallant V Morgan Equity Reconsidered, Man Yip
Research Collection Yong Pung How School Of Law
This paper argues that the Pallant v Morgan equity should not be recognised as an independent doctrine because it does not rest on any tenable jurisprudential basis. It shows that a characterisation based on ‘common intention’ should be rejected because it is inconsistent with established legal principles and commercial practice. The alternative explanation based on breach of fiduciary duty, as suggested by Etherton LJ in Crossco No. 4 Unlimited v Jolan Unlimited [2011] 2 All ER 754 fares no better, as there is no reason why the Pallant v Morgan equity cases should be considered separately from other instances of …
Past Consideration Or Unconnected Consideration, Yihan Goh, Man Yip
Past Consideration Or Unconnected Consideration, Yihan Goh, Man Yip
Research Collection Yong Pung How School Of Law
It is trite law that a valid and enforceable contract must be supported by consideration. The recent Court of Appeal case of Rainforest Trading Ltd v State Bank of India Singapore [2012] 2 SLR 713 is a further addition to the local jurisprudence on consideration, specifically the issue of past consideration. This note considers the specific issue of past consideration and argues that its label should be discarded in favour of a more realistic one that correctly emphasises its underlying concerns.
The Text Through Time, Jack Tsen-Ta Lee
The Text Through Time, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
The text of a written constitution or bill of rights is prone to ‘drift’ or ‘slippage’ in the meanings of terms. Even if such meanings have not altered over time, because of changes in attitudes and values there may be disagreement with the text’s framers as to the scenarios that are covered or not covered by terms. This article submits that the distinction between the connotation and denotation of a term that has been applied in Australian jurisprudence is useful for determining the meaning of the text through time. The connotation of a term is the generally unchanging bundle of …
Teaching Legal Ideals Through Jurisprudence, Seow Hon Tan
Teaching Legal Ideals Through Jurisprudence, Seow Hon Tan
Research Collection Yong Pung How School Of Law
This article examines the value of jurisprudence in legal education. It argues that jurisprudence should be mandated at an early stage of the students' law curriculum as the legal ideals that may be imparted through a jurisprudence course cannot be adequately taught in a professional ethics course or through teaching jurisprudential perspectives in doctrinal subjects. Law schools have a special responsibility to get students thinking about what law is, what makes law legitimate, and how law is related to justice, morality, politics and rationality. A mandatory jurisprudence course should be intentionally structured along these themes.
Validity And Obligation In Natural Law Theory, Seow Hon Tan
Validity And Obligation In Natural Law Theory, Seow Hon Tan
Research Collection Yong Pung How School Of Law
The relation between law and morality is a point of contention amongst legal philosophers. There are several issues: first, the extent to which law should incorporate moral standards; second, the effect of moral status on legal validity (the "validity question"); third, the effect of legal validity on the obligation created by the law (the "obedience question"). Because most positivists concede that it is desirable for law to accord with notions of justice and morals and that law often incorporates morals, the first issue features less prominently in the positivism-natural law debate. This article examines John Finnis's views on the latter …
Of Legal History, Jurisprudence And Insanity – “Wrong Or Contrary To Law" In Section 84 Of The Penal Code Re-Considered, Andrew B.L. Phang
Of Legal History, Jurisprudence And Insanity – “Wrong Or Contrary To Law" In Section 84 Of The Penal Code Re-Considered, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
This article considers, from the perspectives of legal history and jurisprudence, longstanding controversy surrounding the interpretation of the phrase "wrong or contra to law" in section 84 of the Penal Code, and suggests that the evidence points to interpretation that "wrong" means "legally wrong" or "contrary to law". It also consid the practical implications that follow from such an interpretation, which implicatio would allow for some role, nevertheless, for extral
Jurisprudential Oaks From Mythical Acorns: The Hart‐Dworkin Debate Revisited, Andrew B.L. Phang
Jurisprudential Oaks From Mythical Acorns: The Hart‐Dworkin Debate Revisited, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
This article attempts to demonstrate, via the famous Hart-Dworkin debate on the nature and functions of judicial discretion, that substantial jurisprudential disputes as well as theories can, and do, arise from misconceived critiques, whether intended or otherwise. It also seeks to show that, whilst Dworkin's initial critique of Hart was misconceived, his theory of adjudication that arose as a result of responses to his initial views is a positive contribution to learning, although I argue that Dworkin's views are not, in the final analysis, sufficiently persuasive to constitute a radical departure from Hart's own views.