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Full-Text Articles in Law
Contracts Formed By Software: When Things Go Wrong, Vincent Ooi
Contracts Formed By Software: When Things Go Wrong, Vincent Ooi
Research Collection Yong Pung How School Of Law
The use of software in contract formation is likely to become increasingly pervasive in light of the digital economy. Consequently, software can also be expected to exhibit greater autonomy and take on increasingly complex transactions and contract negotiations. It is important that a legally coherent, fair, certain and economically justified approach be taken to regulate such contracts.A ‘contracting problem’ arises when software is used to autonomously enter into contracts without human input. The formation of a valid contract requires, inter alia, an agreement between two or more parties, where each party exhibits an objective intention to be legally bound (the …
A Reformulated Test For Unconscionability, Vincent Ooi, Walter Yong
A Reformulated Test For Unconscionability, Vincent Ooi, Walter Yong
Research Collection Yong Pung How School Of Law
Apart from its interesting facts, this case, BOM v BOK [2018] SGCA 83, is significant for its rejection of a “broad” doctrine of unconscionability, the existence of which has been a matter of some debate in English law, and which has been accepted in Australia (see Commercial Bank of Australia Ltd v Amadio (1983) 151 C.L.R. 447; (1983) 46 A.L.R. 402). It also proposes a new test for the doctrine of unconscionability that is narrower than Amadio, based on the requirements inCresswell v Potter [1978] 1 W.L.R. 255. The test for unconscionability in English law has been a matter of …
Recovering Misdirected Trust Assets In The Face Of Torrens Indefeasibility, Alvin W. L. See
Recovering Misdirected Trust Assets In The Face Of Torrens Indefeasibility, Alvin W. L. See
Research Collection Yong Pung How School Of Law
Where misdirected trust asset consists of, or becomes invested in,registered land, whether the beneficiary could recover it from the recipient isdoubtful given that the Torrens system, through the principle ofindefeasibility, effects a substantial reversal of the priority rules under thegeneral law. The key to unravelling the seemingly contradictory cases on thistopic is to be sensitive to the diversity in drafting and interpretation of thedifferent Torrens legislations, with particular focus on whether the principleof indefeasibility also protects registered volunteers. Through a comparative studyof the Torrens jurisdictions in Australia and Singapore, this article highlightshow the position differs from jurisdiction to jurisdiction and …
Contracts Formed By Software: An Approach From The Law Of Mistake, Vincent Ooi
Contracts Formed By Software: An Approach From The Law Of Mistake, Vincent Ooi
Centre for AI & Data Governance
A ‘Contracting Problem’ arises when software is used to autonomously enter into contracts without human input. Questions arise as to how and whether there can be an expression of an objective intention to be legally bound. This article considers three leading solutions to the Contracting Problem. The ‘Mere Tools Theory’, which views software as ‘mere tools’ of communication, is too harsh as it binds users to any software malfunction. The Agency Approach, which treats software as Electronic Agents, capable of contracting on behalf of their users, is untenable as it ascribes unrealistic characteristics to software. The article submits that the …
Equitable Fraud – Some Personal Reminiscences And Reflections, Andrew B.L. Phang
Equitable Fraud – Some Personal Reminiscences And Reflections, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
I would like to thank the conference organisers for their very kind invitation. It is a great privilege and honour to be amongst such an august gathering of legal scholars. I would like to begin by noting that the international nature of this Conference is emblematic of the nature of legal discourse today — in particular, the importance of comparative analysis. I have, in fact, dealt with this point elsewhere in the context of the law of remedies.1 In particular, Singaporean courts often engage in (to borrow the title of the late Lord Goff of Chieveley’s justly famous Maccabaean Lecture …
Contract Law In Commonwealth Countries: Uniformity Or Divergence?, Andrew B.L. Phang, Yihan Goh
Contract Law In Commonwealth Countries: Uniformity Or Divergence?, Andrew B.L. Phang, Yihan Goh
Research Collection Yong Pung How School Of Law
The present article examines - through a consideration of developments in the most recent and most topical areas of contract law - whether and in what areas the contract law of various Commonwealth jurisdictions has diverged (in the main, from English law) and, more importantly, why such divergence has occurred. It also considers areas where there has been both flux and divergence in the sense that there is both uncertainty in development as well as divergence between jurisdictions (notably, in discharge by breach of contract, unconscionability as well as emerging categories of contractual damages). The article also attempts, in explaining …