Does The Obligation To Obtain The Consent Of A Third Party Extend To Taking Further Steps After Rejection?,
2015
Singapore Management University
Does The Obligation To Obtain The Consent Of A Third Party Extend To Taking Further Steps After Rejection?, Yihan Goh
Research Collection Yong Pung How School Of Law
The question posed in the Court of Appeal case of The One Suites Pte Ltd v Pacific Motor Credit (Pte) Ltd [2015] SGCA 21 (“The One Suites”) was whether an obligation to use all reasonable endeavours to obtain the consent of a third party extends to taking further steps after the third party had refused to give such consent. To this, the Court, with Andrew Phang Boon Leong JA writing its grounds of decision, answered, “it depends but largely no”. More precisely, the Court said that while there almost invariably will be an implied obligation to use all reasonable endeavours …
Installation Failure:
How The Predominant Purpose Test Has
Perpetuated Software’S Uncertain Legal Status
Under The Uniform Commercial Code,
2015
University of Michigan Law School
Installation Failure: How The Predominant Purpose Test Has Perpetuated Software’S Uncertain Legal Status Under The Uniform Commercial Code, Spencer Gottlieb
Michigan Law Review
Courts have struggled to uniformly classify software as a good or a service and have consequently failed to apply a consistent body of law in that domain. Instead, courts have relied on the predominant purpose test to determine whether the Uniform Commercial Code (“UCC”) or common law should apply to a given software contract. This test, designed for traditional goods and services that do not share software’s complexity or rapid advancement, has perpetuated the uncertainty surrounding software’s legal status. This Note proposes that courts adopt the substantial software test as an alternative to the predominant purpose test. Under this proposal, …
Insuring Floods: The Most Common And Devastating Natural Catastrophes In America,
2015
Penn State Law
Insuring Floods: The Most Common And Devastating Natural Catastrophes In America, Christopher French
Faculty Scholarship
Flooding is the most common natural catastrophe Americans face, accounting for 90% of all damage caused by natural catastrophes. Hurricanes Katrina and Sandy, for example, collectively caused over $160 billion in damage, but only approximately 10% of the Hurricane Katrina victims and 50% of the Hurricane Sandy victims had insurance to cover their flood losses. Consequently, both their homes and lives were left in ruins in the wake of the storms. Nationwide, only approximately 7% of homeowners have insurance that covers flood losses even though the risk of flooding is only increasing as coastal areas continue to be developed and …
Bilateral Investment Treaty Interpretation: An Internationalist Spirit Tempered By Context: Government Of The Laos People’S Democratic Republic V Sanum Investments Ltd,
2015
Singapore Management University
Bilateral Investment Treaty Interpretation: An Internationalist Spirit Tempered By Context: Government Of The Laos People’S Democratic Republic V Sanum Investments Ltd, Mahdev Mohan
Research Collection Yong Pung How School Of Law
This commentary discusses the first Singapore court decision to have interpreted a BIT to which Singapore is not a party. The case concerns a dispute between the Laos People’s Democratic Republic (“Laos”) and Sanum Investments Limited (“Sanum”), a company in corporated in Macau. The Court had to determine whether a bilateral investment treaty (“BIT”) between Laos and the People’s Republic of China (the “PRC-Laos BIT”) extended to Macau, which was handed over to China after the conclusion of the treaty. The Court concluded that neither the PRC nor Laos had intended for the treaty to apply to Macau. Further, the …
Case Comment: Golden Season Pte Ltd And Others V Kairos Singapore Holdings Pte Ltd And Another [2015] Sghc 38,
2015
Singapore Management University
Case Comment: Golden Season Pte Ltd And Others V Kairos Singapore Holdings Pte Ltd And Another [2015] Sghc 38, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
This 111-page judgement has highlighted a number of significant points of law relating to the treatment of Facebook postings, emails and SMS texts in the tort of defamation. They relate primarily to the legal requirements of establishing defamatory meaning, reference to the plaintiff and defences. In addition, the case examines the awards of general and special damages as well as the viability of awarding aggravated damages to corporate plaintiffs. Apart from the plaintiff’s actions in defamation and malicious falsehood, the defendant successfully counterclaimed for copyright infringement but failed in the action based on passing off. This brief case comment focuses …
Directors’ Defence Of Reliance On Professional Advisers Under Anglo-Australian Law,
2015
Singapore Management University
Directors’ Defence Of Reliance On Professional Advisers Under Anglo-Australian Law, Wai Yee Wan
Research Collection Yong Pung How School Of Law
This paper analyses the issue of whether directors may use reliance on professional advice as a defence to a claim for breach of duty to exercise care, skill and diligence under common law or companies legislation in England and Australia. While England and Australia share the same common law tradition and have similar statutory provisions on the standard of care of directors, an English court generally regards a director as acting reasonably when he seeks advice from a qualified and independent professional adviser in a specialist matter within his expertise. In the absence of any conflict of interest, reliance is …
Taking Stock Of The Change Of Position Defence,
2015
Singapore Management University
Taking Stock Of The Change Of Position Defence, Hang Wu Tang
Research Collection Yong Pung How School Of Law
The change of position defence is a developing doctrine and debate continues as to its true rationale and various facets of the defence remain unclear. Many issues surrounding the following two fundamental questions await clarifications from the courts: (a) What constitutes change of position? (b) What kind of conduct disqualifies a person from relying on the change of position defence? This article attempts to map out the contours of the debate which would hopefully be useful in framing the debate when this matter next comes before the courts.
People's Republic Of China - The 1983 Joint Venture Implementing Regulations - The Supplement Of Detail, In An Attempt To Attract Foreign Investment,
2015
University of Georgia School of Law
People's Republic Of China - The 1983 Joint Venture Implementing Regulations - The Supplement Of Detail, In An Attempt To Attract Foreign Investment, Eileen Golden
Georgia Journal of International & Comparative Law
No abstract provided.
The Very Specialized United States Generalized System Of Preferences: An Examination Of Renewal Changes And Analysis Of Their Legal Effect,
2015
University of Georgia School of Law
The Very Specialized United States Generalized System Of Preferences: An Examination Of Renewal Changes And Analysis Of Their Legal Effect, Gregory C. Dorris
Georgia Journal of International & Comparative Law
No abstract provided.
Congress' Role In The International Unification Of Private Law,
2015
United States Department of State
Congress' Role In The International Unification Of Private Law, Peter H. Pfund, George Taft
Georgia Journal of International & Comparative Law
No abstract provided.
Trending@Rwu Law: Professor Carl Bogus's Post: When Corporations Grow Too Powerful: Reviving An Old Debate,
2015
Roger Williams University School of Law
Trending@Rwu Law: Professor Carl Bogus's Post: When Corporations Grow Too Powerful: Reviving An Old Debate, Carl Bogus
Law School Blogs
No abstract provided.
Introspection Through Litigation,
2015
UCLA School of Law
Introspection Through Litigation, Joanna C. Schwartz
Notre Dame Law Review
This Article contends that there is a bright side to being sued: organizational defendants can learn valuable information about their own behavior from lawsuits brought against them. Complaints describe allegations of wrongdoing. The discovery process unearths documents and testimony regarding plaintiffs’ allegations. And in summary judgment briefs, expert reports, pretrial orders, and trial, parties marshal the evidence to support their claims. Each of these aspects of civil litigation can bring to the surface information that an organization does not have or has not previously identified, collected, or recognized as valuable. This information, placed in the hands of an organization’s leaders …
Is A Contractual Clause Excluding A Right Of Set-Off Subject To The Requirement Of Reasonableness In The Unfair Contract Terms Act?,
2015
Singapore Management University
Is A Contractual Clause Excluding A Right Of Set-Off Subject To The Requirement Of Reasonableness In The Unfair Contract Terms Act?, Yihan Goh
Research Collection Yong Pung How School Of Law
The Court of Appeal in Koh Lin Yee v Terrestrial Pte Ltd [2015] SGCA 6 (“Koh Lin Yee”) has decided that a contractual clause excluding a right of set-off is subject to the requirement of reasonableness in the Unfair Contract Terms Act (Cap 396, 1994 Rev Ed) (“UCTA”). In doing so, it also laid down some general guiding principles relating to the application of the UCTA, namely, when a party is considered to be dealing “as consumer” under s 12(1), when a contract contains standard terms of business under s 3(1) and the application of the requirement of …
The Export Trade Note: A New Instrument For International Trade,
2015
Covington & Burling
The Export Trade Note: A New Instrument For International Trade, Eugene A. Ludwig, Michael J. Coursey
Georgia Journal of International & Comparative Law
No abstract provided.
The European Commission's Ecs/Akzo Standard For Predatory Pricing In The E.E.C.: Deterrence Or Disorder?,
2015
University of Georgia School of Law
The European Commission's Ecs/Akzo Standard For Predatory Pricing In The E.E.C.: Deterrence Or Disorder?, Thomas G. Ehr
Georgia Journal of International & Comparative Law
No abstract provided.
A Proposed Modification Of U.S. Import Relief Measures In The Context Of A U.S. - Canada Free Trade Agreement: Safeguard, Countervail, And Antidumping,
2015
University of Georgia School of Law
A Proposed Modification Of U.S. Import Relief Measures In The Context Of A U.S. - Canada Free Trade Agreement: Safeguard, Countervail, And Antidumping, Roland J. Behm
Georgia Journal of International & Comparative Law
No abstract provided.
The Joint Venture And Related Contract Laws Of Mainland China And Taiwan: A Comparative Analysis,
2015
University of Kansas
The Joint Venture And Related Contract Laws Of Mainland China And Taiwan: A Comparative Analysis, Clyde D. Stoltenberg, David W. Mcclure
Georgia Journal of International & Comparative Law
No abstract provided.
European Community: European Commission And Denmark Reach Settlement Of Dispute Over Construction Contract Granted By Denmark To Six-Party Consortium In Violation Of The Public Procurement Provisions In The Treaty Of Rome.,
2015
University of Georgia School of Law
European Community: European Commission And Denmark Reach Settlement Of Dispute Over Construction Contract Granted By Denmark To Six-Party Consortium In Violation Of The Public Procurement Provisions In The Treaty Of Rome., G. Brian Raley
Georgia Journal of International & Comparative Law
No abstract provided.
Imports - Cumulation And Unfair Trade Competition - Cumulation Deemed Proper When A "Reasonable Overlap" Of Competition Exists. Wieland Werke A.G. V. United States, 718 F. Supp. 50 (Ct. Int'l Trade 1989),
2015
University of Georgia School of Law
Imports - Cumulation And Unfair Trade Competition - Cumulation Deemed Proper When A "Reasonable Overlap" Of Competition Exists. Wieland Werke A.G. V. United States, 718 F. Supp. 50 (Ct. Int'l Trade 1989), Kristine R. Berry
Georgia Journal of International & Comparative Law
No abstract provided.
Balance And Team Production,
2015
Seattle University School of Law
Balance And Team Production, Kelli A. Alces
Seattle University Law Review
For decades, those holding the shareholder primacy view that the purpose of a corporation is to earn a profit for its shareholders have been debating with those who believe that corporations exist to serve broader societal interests. Adolph Berle and Merrick Dodd began the conversation over eighty years ago, and it continues today, with voices at various places along a spectrum of possible corporate purposes participating. Unfortunately, over time, the various sides of the debate have begun to talk past each other rather than engage with each other and have lost sight of whatever common ground they may be able …
