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Articles 1 - 9 of 9
Full-Text Articles in Contracts
Case Comment: A New Framework For The Implication Of Terms In Fact, Yihan Goh
Case Comment: A New Framework For The Implication Of Terms In Fact, Yihan Goh
Research Collection Yong Pung How School Of Law
In Sembcorp Marine Ltd v PPL Holdings Pte Ltd the Singapore Court of Appeal once again reaffirmed the Singapore courts’ rejection of the approach adopted by Lord Hoffmann in Attorney General of Belize v Belize Telecom Ltd which characterised the implication of a term in fact as a process of contractual interpretation. What may be of interest to practitioners and academics of common law jurisdictions wrestling with the implications of the Belize approach is the Court of Appeal’s prescription of ‘a three-step process’ for the implication of terms in fact, which is accompanied by an in-depth discussion of various conceptual …
Australia's Proposed Exercise In Contract Law Reform: International Convergence And Regional Implications, Basil C. Bitas
Australia's Proposed Exercise In Contract Law Reform: International Convergence And Regional Implications, Basil C. Bitas
Research Collection Yong Pung How School Of Law
In July 2012, the Australian Attorney-General’s Department began soliciting comment regarding the best way to reform Australian contract law to render it more suitable for the demands of 21st century commerce. The effort marks an appreciation of the changing commercial environment and challenges the traditional common law preference for piecemeal, organic reform through case law. The proposed effort has implications for the global convergence of legal systems and further poses practical questions as to what form any such contractual reform should take. Codification in the European, civil law sense is a possible but unlikely outcome. A persuasive but non-binding restatement …
Contractual Interpretation In Indian Evidence Act Jurisdictions: Compatibility With Modern Contextual Approach, Yihan Goh
Research Collection Yong Pung How School Of Law
This paper examines the approaches towards contractual interpretation taken by Commonwealth jurisdictions governed by the Indian Evidence Act. While some of these jurisdictions import the modern contextual approach into their domestic approaches, it will be argued that it is largely compatible with the Indian Evidence Act. In particular, it will be shown that a limited adoption of the modern contextual approach is permissible, namely one involving the limited admissibility of extrinsic evidence to interpret contracts, subject to the requirement of ambiguity. An integrated approach may represent the best way of following the modern contextual approach, while remaining faithful to the …
A Psychology Of Choice Of Laws, Gary Low
A Psychology Of Choice Of Laws, Gary Low
Research Collection Yong Pung How School Of Law
There is certainly a lot of choice going around in the market for contract law. This is a good thing, since choice is key to self-determination and may help improve our laws. Yet there may be such a thing as choice overload, and the introduction of the Common European Sales law is a timely reminder to consider its effect for the market for contract law. This article does just that. It explains what choice overload is, why it comes about, and what can be done to ameliorate its effects. The conclusion is that CESL will not cause choice overload but …
A Psychology Of Choice Of Laws, Gary Low
A Psychology Of Choice Of Laws, Gary Low
Research Collection Yong Pung How School Of Law
There is certainly a lot of choice going around in the market for contract law. This is a good thing, since choice is key to self-determination and may help improve our laws. Yet there may be such a thing as choice overload, and the introduction of the Common European Sales law is a timely reminder to consider its effect for the market for contract law. This article does just that. It explains what choice overload is, why it comes about, and what can be done to ameliorate its effects. The conclusion is that CESL will not cause choice overload but …
Deposits: At The Intersection Of Contract, Restitution, Equity And Statute, Tiong Min Yeo
Deposits: At The Intersection Of Contract, Restitution, Equity And Statute, Tiong Min Yeo
2009 Yong Pung How Professorship of Law Lecture
Whether a partial payment is recoverable in restitution by a party in breach of contract depends on the classification of the payment as a deposit or a part-payment. A part payment may be recoverable in unjust enrichment if the contract is terminated and a vitiating factor can be found (usually total failure of consideration in this context), and subject to a counterclaim for damages. However, a deposit is intended to be earnest for performance and will not be recoverable, at least generally. Six questions will be considered: (1) Is the penalty rule applicable to a deposit? (2) If not, is …
Book Review: Remedies For Breach Of Contract By Solene Rowan, Howard Hunter
Book Review: Remedies For Breach Of Contract By Solene Rowan, Howard Hunter
Research Collection Yong Pung How School Of Law
No abstract provided.
An Introduction To The Law Of Unjust Enrichment, Alvin W. L. See
An Introduction To The Law Of Unjust Enrichment, Alvin W. L. See
Research Collection Yong Pung How School Of Law
The principle that no one shall be unjustly enriched at the expense of another has been invoked to rationalise the right to restitution in a number of cases which fall outside the provinces of contract and tort. This has eventually led to the recognition of an independent legal discipline known as the law of unjust enrichment. It is among the most debated private law subjects today despite its remarkably recent origin. In Malaysia, despite the increase in judicial reference to the language of unjust enrichment to justify an award of restitutionary relief, there is generally a lack of understanding about …
Certainty At Last?: A "New" Framework For Electronic Contracting In Singapore, Eliza Mik
Certainty At Last?: A "New" Framework For Electronic Contracting In Singapore, Eliza Mik
Research Collection Yong Pung How School Of Law
Singapore is the first Asian country to accede to the UNCITRAL Convention on the Use of Electronic Communications in International Contracts (“CUECIC” or “Convention”). Upon accession, the Singaporean Electronic Transactions Act (“ETA” or “Act”) was repealed and re-enacted in a modified version, with effect from 1 July 2010. The modified ETA retains the framework of the original ETA but adds or amends certain provisions dealing with electronic contracting to align domestic e-commerce regulations with the Convention. Accordingly, Singapore is not only the first Asian nation to accede to the CUECIC but also the first nation to implement some of its …