Parties (“creditors”) who loan money to others (“debtors”) are often concerned that the debtors will be unable or unwilling to repay them. Such creditors may then enter into deeds of guarantee with third parties (“guarantors”) to secure the repayment of their loans if their debtors default on payment of the same. Unlike a contract, a deed does not require consideration to be legally enforceable.[1] However, for a deed to be legally enforceable, several other formalities must be fulfilled. In particular, the deed must be “signed, sealed, and delivered”.
Handling Roommate Troubles: A Brief Legal Guide
After a long day at work or school, we all want to retreat to a peaceful environment where we can truly relax. But a difficult roommate that you share an apartment with can get in the way of that. A roommate who leaves his dishes undone and rubbish uncleared is trouble enough, but what about one who secretly uses your clothes, takes your shampoo, and steals your things? Read on to find answers to the following questions
Enforceability of Non-Standard Form Contracts
Electronic communications are omnipresent. Apart from texting our friends via apps like Telegram or WhatsApp, and discussing work through emails, we also transact using electronic means – for example, by buying items off Taobao, Shopee, or Lazada, just one of the many e-commerce platforms available.
Enforcement of Verbal Contracts and Evidential Issues
Suppose Adam agrees verbally to purchase oranges from a supplier, Ben, for Adam’s business. Adam finds out the very next day that another supplier, Cindy, can provide those oranges at a lower cost. Being a shrewd businessman, Adam no longer wishes to purchase them from Ben. He calls up Ben to inform him of the bad news. Ben threatens to sue. Can Ben now enforce that verbal agreement with Adam? And if Ben had secretly recorded down the conversation, can it be used as evidence of the verbal agreement? These questions will all be addressed in this article. For present purposes however, our present analysis with a basic discussion of contracts.
Debt Management Plans: A Practical Solution for Debt-Laden Individuals
How does one achieve financial freedom? One typical answer may be to spend below our means. Unfortunately, some of us may already be beyond the point of no return, with interest causing a seemingly-unstoppable spiral into bankruptcy.
An Employers’ Guide to CPF Contributions
The Central Provident Fund (“CPF”) is sometimes referred to as “Calculate, Pay or get Fined” by Singaporean employers. This is because the Central Provident Fund Act requires them to contribute to their employees’ CPF accounts or get fined for failure to do so.
A Guide to Bankruptcy and Debt Recovery in Singapore
For some, a man is only as good as his word. There is logic in this, given that creditors (also known as moneylenders) often worry about whether borrowers will repay their debts. Debt recovery, after all, can be a tedious and frustrating process. Creditors may often receive no response despite calling, e-mailing, and sending letters to the borrower. Looking for them at their home or workplace may be a similarly futile endeavour. And on the off chance that the borrower can be contacted, a common refrain will be that the borrower has no money now, and will repay you later.
Consumer Protection for the Consumer
Written by: Emily Tan* I. Introduction It’s a dog-eat-dog world out there. There are unethical businesses which will lie and take advantage of their customers just to make a sale. One example occurred way back in 2014, when an unsettling video of one Pham Van Thoai circulated on the net, which showed him crying and … Continue reading Consumer Protection for the Consumer
Standing by decided things: How the Singapore courts decide cases
Muhammad Ali Jinnah, the first leader of Pakistan apocryphally said, “Think 100 times before you take a decision, but once that decision is made, stand by it as one man.” Our lives have their shapes because of decisions made or not made. Of course, some decisions are weightier than others. In particular, the decisions that judges make regarding the cases before them have significant bearing on many, even extending in more extreme cases to determining whether a person lives or dies.
Wilful Blindness in the Context of the Presumption of Knowledge: Gobi a/l Avedian v Public Prosecutor [2021] 1 SLR 180
Under section 7 of the Misuse of Drugs Act (Cap 185, 2008 Rev Ed) (the “MDA”), it is an offence, with consequences that may extend to the mandatory death penalty, to import into or export from Singapore controlled drugs. As part of proving the charge, the Prosecution must prove that the accused was both in possession of, and had knowledge of the controlled nature of the drugs involved. Further, under section 18 of the MDA, the Prosecution is also allowed to rely on a presumption - under certain circumstances - that the accused did indeed have said possession (section 18(1)) and knowledge (section 18(2)). If the accused is unable to rebut these presumptions, the elements of possession and knowledge are made out under section 7.
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