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Full-Text Articles in Law
Non-Delegable Duty After Tiong Aik, Kee Yang Low, Ian Hao Ran Mah
Non-Delegable Duty After Tiong Aik, Kee Yang Low, Ian Hao Ran Mah
Research Collection Yong Pung How School Of Law
The subject of non-delegable duty has troubled courts for some time. The recent UKSC decision in Woodland v STA has clarified the law somewhat. In the recent decision MCST No. 3322 v Tiong Aik, the Singapore Court of Appeal endorsed the UK position and made clarifications on the Singapore position. This article examines the Singapore position as expressed by the SGCA.
Partnerships, Vincent Ooi
Partnerships, Vincent Ooi
Research Collection Yong Pung How School Of Law
Partnerships and tax—overview: The statutory definition of a partnership is the “relation which subsists between persons carrying on a business in common with a view of profit”. Those persons could be natural persons, or other legal entities such as companies or trustees. However, a registered company under the Companies Act (Cap. 50) (2006 Rev. Ed.) is not a partnership.
Small And Safe, Rathna N. Koman
Small And Safe, Rathna N. Koman
Research Collection Yong Pung How School Of Law
This paper seeks to address issues relating to the management of child protection in Singapore context. Currently the system provides an institutionalized multi-disciplinary approach to protecting children. The current integrated system of handling child abuse is comprehensive and thorough and seeks to serve the bests interests of the child. However given socio-economic and legal ramifications of child abuse, this paper proposes the following enhancements in the management of child protection. Fist reporting of child abuse should be made mandatory similar to the American Model. Failure to do so, should constitute an offence under the Children and Young Persons Act and …
Vicarious Liability, Non-Delegable Duty And The Ng Huat Seng Decision, Kee Yang Low
Vicarious Liability, Non-Delegable Duty And The Ng Huat Seng Decision, Kee Yang Low
Research Collection Yong Pung How School Of Law
In recent times, courts in Singapore and elsewhere have been grappling with the issue of delegability of duty of care. In the process, they have vigorously defended the conventional position that a duty of care is, in general, delegable. Accordingly, attempts at broadening the ambit of vicarious liability and non-delegable duty, respectively, have been carefully scrutinized. The recent Singapore Court of Appeal decision of Ng Huat Seng v Munib Mohammad Madni adds to the judicial thinking on this complicated and controversial subject.
Offences Against Foreign Domestic Workers In Singapore: Vindicating The Victim’S Right To Dignity, Benjamin Joshua Ong
Offences Against Foreign Domestic Workers In Singapore: Vindicating The Victim’S Right To Dignity, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
The High Court of Singapore recently increased the sentences of two employers who had starved their foreign domestic worker, causing serious physical injury. In so doing, the court affirmed the victim’s right to human dignity despite the relative leniency of the charge. This case prompts reflection not only on the vulnerability of foreign domestic workers and the courts’ role in protecting their basic dignity, but also on the prosecutors’ role in framing charges that accurately and completely reflect the infringement of rights.
Lord Denning’S Influence On Contract Formation In Singapore: An Overdue Demise?, Chia Ming Lee, Kenny Chng
Lord Denning’S Influence On Contract Formation In Singapore: An Overdue Demise?, Chia Ming Lee, Kenny Chng
Research Collection Yong Pung How School Of Law
In a series of inconsistent decisions by the Singapore courts on contract formation in continuing negotiations cases, Lord Denning’s broad approach—which does away with the traditional offer and acceptance analysis—appears to have been simultaneously adopted and rejected. This article suggests that the continued uncertainty in Singapore regarding the scope of application of the traditional approach and Lord Denning’s approach arises from a conflation of both as being substantially similar. This article further argues that both approaches are conceptually and practically distinct. A better way forward for Singapore law in the area of contract formation in continuing negotiations cases, having regard …
Personal Data Protection Act 2012: Understanding The Consent Obligation, Man Yip
Personal Data Protection Act 2012: Understanding The Consent Obligation, Man Yip
Research Collection Yong Pung How School Of Law
The Personal Data Protection Act 20121 (“PDPA”) provides the baseline standards of protection of personal data and works in tandem with existing law to provide comprehensive protection. The birth of the legislation clearly signals Singapore’s commitment to protect the collection, use and disclosure of personal data in the age of big data and its awareness of the importance of such protection in strengthening Singapore’s position as a leading commercial hub. Significantly, the PDPA protection model balances “both the rights of individuals to protect their personal data” against “the needs of organisations to collect, use or disclose personal data for legitimate …
Restitution [2016], Man Yip
Restitution [2016], Man Yip
Research Collection Yong Pung How School Of Law
No abstract provided.
A Domestic Solution For Transboundary Harm: Singapore's Haze Pollution Law, Mahdev Mohan
A Domestic Solution For Transboundary Harm: Singapore's Haze Pollution Law, Mahdev Mohan
Research Collection Yong Pung How School Of Law
Toxic ‘haze’ from fires, often burning over dry peatland in Indonesia, has affected millions across Indonesia, Singapore and Malaysia, as well as parts of the Philippines and Thailand. For Singapore in particular, this slash-and-burn method of clearing land in Indonesia to cultivate crops such as oil palm has been an annual problem since 1972. However, 2015 stands out as the year Singapore experienced one of its worst episodes of haze pollution. Air quality based on the Pollutant Standards Index (PSI) plummeted to the ‘very unhealthy’ and ‘hazardous ranges’ for close to 50 days. Singapore suffered an estimated SGD $700 million …
The Discretionary Death Penalty For Drug Couriers In Singapore: Four Challenges, Siyuan Chen
The Discretionary Death Penalty For Drug Couriers In Singapore: Four Challenges, Siyuan Chen
Siyuan CHEN
In 2012, Singapore amended its Misuse of Drugs to give courts hearing capital drug trafficking cases the discretion to replace the default death penalty with life imprisonment and caning, provided that the accused person can show that he was merely a drug courier and the prosecution certifies that he had substantively assisted the authorities in disrupting drug trafficking activities. The Singapore High Court and Court of Appeal have since made important pronouncements on the 2012 amendments, but several challenges remain: first, whether the privilege against self-incrimination has been further eroded; secondly, whether an accused person can invoke the statutory relief …
'In The Interests Of Justice' As The New Test To Exclude Relevant Evidence In Singapore: Anb V Anc [2014] Sghc 172; Wan Lai Ting V Kea Kah Kim [2014] Sghc 180, Siyuan Chen
Siyuan CHEN
In 2012, Singapore’s venerable Evidence Act (EA), which is based on Stephen’s Indian Evidence Act of 1872, underwent major amendments for only the third time in 120 years. Previously, conflicting case law had created long-standing confusion as to whether the Singapore courts possessed any discretion to exclude evidence even when was found relevant under the EA. The main reason driving this jurisprudential inconsistency was that while the relevancy provisions in the EA were meant to provide exhaustive definitions of admissibility, Stephen’s then-revolutionary ‘inclusionary’ approach to relevance was simply at odds with modern conceptions of relevance and modern litigation practice. Thus, …
Illegality And The Civil Law In Singapore: Lessons From The Uk? Patel V Mirza [2016] 3 Wlr 399; [2016] Uksc 42, Benjamin Joshua Ong
Illegality And The Civil Law In Singapore: Lessons From The Uk? Patel V Mirza [2016] 3 Wlr 399; [2016] Uksc 42, Benjamin Joshua Ong
Research Collection Yong Pung How School Of Law
The law on the illegality defence in Singapore is in a fragmented state. In Patel v Mirza, the UK Supreme Court attempted to overhaul this notoriously confusing area of the law, and presented various ideas which are of potential interest to its development in Singapore.
A Coming Of Age For Mediation In Singapore? Mediation Act 2016, Dorcas Quek Anderson
A Coming Of Age For Mediation In Singapore? Mediation Act 2016, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
The Mediation Act 2016 was recently passed by the Singapore Parliament and is soon to come into operation. This legislative comment compares the Act’s key provisions to the common law principles concerning confidentiality and admissibility, enforcement of mediated settlement agreements and stay of proceedings pending mediation. It argues that the Act has refined the common law in certain areas, but has brought about greater uncertainty in other aspects. It also discusses how the major provisions are likely to be applied by the court in light of similar developments in other jurisdictions.