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Full-Text Articles in Law
Shaping The Future Of The Profession, David N. Smith
Shaping The Future Of The Profession, David N. Smith
Research Collection Yong Pung How School Of Law
No abstract provided.
Decolonising Restoration And Justice, Mark Findlay
Decolonising Restoration And Justice, Mark Findlay
Research Collection Yong Pung How School Of Law
In her paper presented to the Institute of Criminology seminar 'Restorative Justice, Conferencing and the Possibilities of Reform', Kathleen Daly (1998) advocated the exploration of 'spliced justice forms'. By this, Daly recognised the potential of a collaboration 'where an informal restorative justice process was piggybacked on a formal traditional method of prosecuting and sanctioning serious offences' (Daly 1998:10). In advancing this position, Daly recognised the merits of an interrelationship between formal and informal justice. She referred to Roger Matthews view (1998) that formal and informal justice are neither dichotomous nor a matter of choosing one or the other, but of …
Is There A Duty To Negotiate In Good Faith?, Michael Philip Furmston
Is There A Duty To Negotiate In Good Faith?, Michael Philip Furmston
Research Collection Yong Pung How School Of Law
One of the most interesting questions concerning modern contract lawyers is whether, and if so when, there may be a duty on parties to a contract to negotiate in good faith? This may seem an odd question for an English lawyer to raise, granted the refusal of the House of Lords in Walford v. Miles [1992] 2 A.C. 128 to recognise even the effectiveness of an agreement to negotiate in good faith but this case has not escaped cogent criticism (Neill (1992) 108 L.Q.R. 405) and it rests on an axiom (that this is a duty which cannot be enforced) …
Specific Performance – Exploring The Roots Of 'Settled Practice', Andrew B.L. Phang
Specific Performance – Exploring The Roots Of 'Settled Practice', Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
The recent House of Lords decision in Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd' is destined to become a landmark in the law relating to specific performance.
Adr Developments Abroad: Masters In Mediation - European Style!, Nadja Alexander
Adr Developments Abroad: Masters In Mediation - European Style!, Nadja Alexander
Research Collection Yong Pung How School Of Law
In Australia when we think of mediationtraining, we generally envisage a four orfive day training course run by amediation service provider or educationalinstitution. Many Australian universitiesalso offer postgraduate studies inmediation and ADR which generallyprovide a combination of theory and skillsdevelopment subjects. Such studiestypically take the form of postgraduatediplomas or Masters degrees offered by auniversity department or a multi-disciplinarymediation centre. Notably, there are norequirements that participants haveprevious qualifications or experience inmediation. One direct effect of this ‘open’policy has been to lower the standard ofpostgraduate teaching and learning in thisfield. For example, postgraduate subjectsin mediation in many law schools aroundthe country offer …
Commentary On 'The Renegotiation Of Contracts', Howard Hunter
Commentary On 'The Renegotiation Of Contracts', Howard Hunter
Research Collection Yong Pung How School Of Law
Professor John Carter has identified a theme of growing importance in commercial transactions, especially as the number of those that are long in duration and that cross political or cultural lines increases. It is difficult under the best of circumstances ex ante to negotiate for all contingencies in a dynamic economy. Allowing, or requiring, post hoc renegotiations every time there is a change in circumstances could reduce substantially the utility of contract as a risk allocation device that provides some measure of privately ordered certainty unless the use of post hoc renegotiation is carefully circumscribed.
Commentary On 'Assignment Of Contractual Burdens', Howard Hunter
Commentary On 'Assignment Of Contractual Burdens', Howard Hunter
Research Collection Yong Pung How School Of Law
Professor Michael Furmston begins his fine paper with the statement that ‘Contract textbooks treat it as axiomatic that contractual burdens cannot be assigned’. This commentary can begin with the equally forceful statement that contract textbooks in the United States treat as axiomatic the proposition that most contractual burdens can be freely assigned.
The New Singapore Law On Antidumping And Countervailing Duties, Locknie Hsu
The New Singapore Law On Antidumping And Countervailing Duties, Locknie Hsu
Research Collection Yong Pung How School Of Law
The Countervailing and Anti-dumping Duties Act 1996 ("the Act") came into effect on 1 November 1996.1 This legislation was enacted to bring Singapore's law in relation to countervailing duties, subsidies and antidumping into conformity with requirements of the World Trade Organization (WTO) Agreements It also updates the law by repealing the outmoded Customs (Subsidies and Anti-dumping) Act. The new rules and procedures in the Act are meant to "give added assurance and certainty to the local and foreign parties concerned whenever an action is instituted."In addition to the Act, detailed regulations have also been passed. The Act follows the basic …