A Balanced Approach to Causation in Breaches of Fiduciary Duty: Sim Poh Ping v Winsta Holding [2020] SGCA 35

A fiduciary is someone who has undertaken to act for or on behalf of another (his principal). As such, a fiduciary owes an obligation of loyalty to the principal. Indeed, the principal relies on the fiduciary to act in his or her best interests, and is especially vulnerable to the fiduciary’s breach of duty. Thus, it has been observed that a fiduciary owes his or her principal the highest standard of duty known to the law. It is also well-established that a director of a company has a fiduciary relationship with the company.

A Modified Approach to Breach of Confidence: I-Admin (Singapore) Pte Ltd v Hong Ying Ting and others [2020] SGCA 32

Can an employer sue a former employee for the mere wrongful copying, abuse and exploitation of protected information, without also having to prove that the employee wrongfully used the information? This was the question before the Court of Appeal (“CA”) in I-Admin (Singapore) Pte Ltd v Hong Ying Ting and others [2020] SGCA 32.

Directors and their Two Hats: An Analysis of Sim Tee Meng v Haw Wan Sin David [2019] SGCA 71

Traditionally, directors are said to only owe a duty of care to their company. In certain circumstances however, directors may also owe a personal duty of care to their clients, thereby rendering the director personally liable to the client. In Sim Tee Meng v Haw Wan Sin David [2019] SGCA 71, the Court of Appeal applied the Spandeck framework in establishing whether a duty of care was owed by a key executive officer to the company's clients.

Collaboration with the Supreme Court

In a collaboration with the Supreme Court, SMU Law students (under SMU Lexicon) are reporting on selected Court of Appeal judgments, highlighting the significant points, so as to foster greater public awareness of these cases and their implications. The summaries are available on the Supreme Court of Singapore Website, and are reproduced here on SMU Lexicon's website as well.

What You Should Know Before Signing That Letter of Guarantee

Written by: Ian Chiang* I. Introduction With COVID-19 hitting the economy hard, many smaller businesses and employees are struggling to stay afloat. Someone you know, such as your friends or relatives, could be looking for loans to tide them through this period. If so, they may ask you to sign a letter of guarantee. What … Continue reading What You Should Know Before Signing That Letter of Guarantee