Cross-border contracts often raise questions as to which country’s law should govern the contract. A three-stage test is usually used to determine the governing law. The first two stages determine, respectively, whether parties had expressly or impliedly chosen a governing law, and the third stage determines the governing law based on the law with the closest connection to the contract (if no express or implied choice had been made). However, this test assumes that a contract exists in the first place. If the very existence of a contract is disputed and each contracting party argues that a different law governs the issue of contract formation, does the three-stage test apply or is a different approach required?
The State of Statements in Singapore’s Legal System
Bill Puah Ee Jie* I. Introduction During the investigations of crimes, numerous statements are often recorded by the police. Different types of statements might also be taken at different times. Unfortunately, the process remains relatively unknown to the public and therefore may create an undue amount of uncertainty and unease for those undergoing the process. … Continue reading The State of Statements in Singapore’s Legal System
The penal-compensatory dichotomy of liquidated damages clauses: Denka Advantech Pte Ltd v Seraya Energy Pte Ltd [2021] 1 SLR 631
In Denka Advantech Pte Ltd v Seraya Energy Pte Ltd [2021] 1 SLR 631, the Court of Appeal affirmed the old rule on contractual penalties as articulated by Lord Dunedin in Dunlop Pneumatic Tyre Company, Ltd v New Garage and Motor Company, Limited [1915] AC 79: a liquidated damages clause is only enforceable if it is compensatory in nature, meaning that it provides a “genuine pre-estimate” of the likely loss caused by the breach.
Establishing the Authenticity of a Document: CIMB Bank Berhad v World Fuel Services (Singapore) Pte Ltd and another appeal [2021] SGCA 19
The authenticity of a document is of paramount importance in the law of evidence. This was illustrated in CIMB Bank Berhad v World Fuel Services (Singapore) Pte Ltd and another appeal [2021] SGCA 19, which concerned the authenticity of a deed of debenture, i.e. a document which creates or acknowledges a debt.
Levelling the Playing Field between the Prosecution and the Defence: Steps in the Right Direction
Developed by Herbert Packer, the Crime Control Model and Due Process Model espouse different ideologies in criminal justice – the former prioritises efficient crime suppression in the interests of public order, while the latter emphasises the primacy of individual rights in relation to the state. While Singapore’s criminal justice regime incorporates characteristics of both, historically, experts have argued that it bears greater similarity to the Crime Control Model.
Fair Enough? An Examination of Existing Legal Limits on Prosecutorial Discretion
The story of Ms Parti Liyani is one of a harrowing journey through the criminal justice regime, resulting in eventual victory, but at great cost. In March 2019, Ms Liyani stood trial for four theft-related charges and was found guilty of all four charges. On appeal, it was found that the Prosecution had led Ms Liyani to make an admission at the trial below, by failing to disclose the non-functional state of a DVD player she was accused of stealing. Although she was eventually acquitted, Ms Liyani’s story is a demonstration of the impact of prosecutorial decisions on accused persons.
Judicial Review of Prosecutorial Decisions
Written by Fun Wei Xuan, Joel* I. IntroductionProsecutorial discretion, broadly speaking, refers to the Public Prosecutor’s ability to, in its sole discretion, make a myriad of decisions, including: whether to initiate prosecution, what charge to prefer, whether to amend a charge, and whether to discontinue prosecution.[1] This power is provided for in Article 35(8) of … Continue reading Judicial Review of Prosecutorial Decisions
The Right Time and Place for a Criminal Motion: Amarjeet Singh v Public Prosecutor [2021] SGHC 73
Criminal motions are routinely filed to seek a broad range of remedies associated with the court’s criminal jurisdiction. There being no explicit limits on the sort of remedies pursuable by way of a criminal motion, it risks being abused to subvert established mechanisms that gatekeep other court procedures. The question then is: in what context would the filing of a criminal motion be appropriate (or not)?
Retirement from Trusteeship – Express and Statutory Powers: Chan Yun Cheong (trustee of the will of the testator) v Chan Chi Cheong (trustee of the will of the testator) [2021] SGCA 33
This case involved two trustees of a testamentary trust, both of whom alleged that they had resigned as trustees. Trusteeship is a serious appointment that comes with responsibilities. Under the Trustees Act (Cap 337, 2005 Rev Ed) (“Trustees Act”), which governs trusts in Singapore, once a person takes up a trusteeship, he cannot simply relinquish his duties at will but must do so in accordance with the law and the terms of the trust instrument.
Demystifying Prosecutorial Discretion – What It Is & How It Is Exercised
Parti Liyani was an Indonesian domestic helper who was charged with stealing up to $34,000 worth of items from then-Changi Airport Group chairman Liew Mun Leong and his family. She was initially sentenced to jail, but on appeal the High Court acquitted Ms Liyani of all charges. The High Court held that the Prosecution had not provided sufficient credible evidence to support its claims. Furthermore, the Prosecution could not rebut the Defence’s allegation that Ms Liyani’s employers had an improper motive in making a police report against Ms Liyani, i.e. to prevent her from lodging a complaint to the authorities about being asked to work outside her approved place of employment.
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