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Was Singapore Airlines Liable For Business-Class Seats Sold At Economy Rates?, Yihan Goh
Was Singapore Airlines Liable For Business-Class Seats Sold At Economy Rates?, Yihan Goh
Research Collection Yong Pung How School Of Law
Much has been reported about Singapore Airlines (“SIA”) mistakenly charging economy rates for around 900 business-class seats due to a computer input error. Yesterday, SIA said that it would honour those tickets at economy rates, reversing its previous position that it would not, and closing the episode on a note of goodwill. This blog entry explores the legal analysis behind the episode on the assumption that Singapore contract law applies, so as to maintain its general relevance to a Singaporean audience and its specific application to online retailers concerned about making similar pricing errors. Of course, the analysis would differ …
The Incoherent Role Of Bargaining Power In Contract Law, Max Helveston, Michael Jacobs
The Incoherent Role Of Bargaining Power In Contract Law, Max Helveston, Michael Jacobs
College of Law Faculty
Contracts that result from the abuse of unequal bargaining power have long been a concern of contract law. Courts have proscribed efforts by the "powerful" to take unfair advantage of the "weak" through contracts of adhesion and standard form contracts. Certain kinds of clauses — liability waivers, and covenants not to compete, among others — regularly attract judicial suspicion because their appearance is deemed indicative of such advantage-taking. In books, symposia, and journal articles, generations of legal scholars have debated the role of bargaining power considerations in the analysis of contracts and contractual terms. The "bargaining power" construct has become …