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Full-Text Articles in Law
The "Party Scope" Of Exclusive Jurisdiction Clauses: Global Partners Fund Ltd V Babcock & Brown Ltd, Adeline Chong
The "Party Scope" Of Exclusive Jurisdiction Clauses: Global Partners Fund Ltd V Babcock & Brown Ltd, Adeline Chong
Research Collection Yong Pung How School Of Law
Coherency in international litigation and upholding exclusive jurisdiction clauses, for the most part, work hand in hand. Courts generally take jurisdiction on very wide and exorbitant grounds. There is therefore the ever-present risk of irreconcilable judgments stemming from multiple courts hearing disputes arising from the same transaction or state of affairs. One way in which such a risk is averted is by giving effect to exclusive jurisdiction clauses where parties have included such clauses into their contracts. Thus, when faced with an action brought in breach of an exclusive jurisdiction clause in favour of another forum, the starting position is …
Explaining Contractual Remoteness In Singapore, Yihan Goh
Explaining Contractual Remoteness In Singapore, Yihan Goh
Research Collection Yong Pung How School Of Law
The Singapore Court of Appeal (the Court of Appeal) has in MFM Restaurants Pte Ltd v Fish & Co Restaurants Pte Ltd rejected Lord Hoffinann's assumption of responsibility test (articulated in The Achilleas) to determine whether damages are too remote in a contractual claim. The Court of Appeal, however, retained assumption of responsibility as a concept to explain the orthodox test for remoteness as embodied in Hadley v Baxendale. To that extent, it expressly accepted Lord Hoffmann's approach in The Achilleas in so far as the concept of assumption of responsibility is already incorporated or embodied in both limbs of …
Agency And Partnership Law [2010], Pearlie Koh, Stephen Bull
Agency And Partnership Law [2010], Pearlie Koh, Stephen Bull
Research Collection Yong Pung How School Of Law
No abstract provided.
Advertising Law And Regulation, Chao-Hung Christopher Chen
Advertising Law And Regulation, Chao-Hung Christopher Chen
Research Collection Yong Pung How School Of Law
No abstract provided.
The Shareholder’S Personal Claim: Allowing Recovery For Reflective Loss, Pearlie Koh
The Shareholder’S Personal Claim: Allowing Recovery For Reflective Loss, Pearlie Koh
Research Collection Yong Pung How School Of Law
An absolute application of the no reflective loss principle can result in unfairness. As such, retaining judicial discretion in the area will do much to ensure that genuine causes are not denied remedy. However, even as our courts appear prepared to allow a shareholder to recover for reflective loss, it is important that corporate autonomy is accorded due respect, and not be obscured by an overconsideration of policy concerns. To ensure this, the courts should allow recovery only if the right asserted by the shareholder is one that is separate and independent of the company’s right.
Advertising Law And Regulation By Giles Crown, Oliver Bray And Rupert Earle [Book Review], Christopher Chao-Hung Chen
Advertising Law And Regulation By Giles Crown, Oliver Bray And Rupert Earle [Book Review], Christopher Chao-Hung Chen
Research Collection Yong Pung How School Of Law
No abstract provided.