Can an agreement which is formed purely through the operation of algorithms be considered a binding contract? If so, can such a contract be unilaterally cancelled because of a mistake, where such mistake resulted in trades being concluded at 250 times the market rate?
The aftermath of divorce: maintenance and child support
For better or for worse, divorce is increasingly common today. Yet, a divorce does not represent the clean break that one might hope for. Your financial life may still be connected to your spouse’s even after divorce.
What if you didn’t write it down? Verbal promises in business contracts
Business negotiations can be lengthy. In the course of negotiations, parties might make a verbal promise to do or not do something. There might also be emails recording the promise or showing that there were verbal negotiations. But if the promise does not end up in a written contract, can you hold the other party to it?
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
When Employees Leave: Confidentiality and Non-Compete Clauses
Written by: Nicole S Ng* I. Introduction When good employees leave, there is often a risk that they will join a competitor or set up a competing business. If you are the employer, the employment contract might protect your interests through a confidentiality clause preventing the employee from using or disclosing confidential information. It might … Continue reading When Employees Leave: Confidentiality and Non-Compete Clauses
Unpacking Beyond a Reasonable Doubt: Public Prosecutor v GCK [2020] SGCA 2
What happens when a criminal act is alleged, and the only evidence is from a sole eyewitness (i.e. the evidence is uncorroborated)? In Public Prosecutor v GCK [2020] SGCA 2, the Singapore Court of Appeal clarified that the "unusually convincing" standard applies to such cases as well, and is not just limited to cases dealing with sexual offences. Furthermore, a stricter standard is not to be imposed for cases dealing with sole eyewitnesses.
The Impossibility Defence: Han Fang Guan v Public Prosecutor [2020] SGCA 11
The law on "impossible attempts" (i.e. attempts to commit an offence that could not have been possibly completed) has long been fraught with conceptual difficulties. In Han Fang Guan v PP [2020] SGCA 11, the Singapore Court of Appeal finally laid down a two-stage approach for such crimes.
Shareholder’s Personal Liability when Winding Up a Company
Written by: Chai Wen Min I. Introduction You own a company. The company is being wound up, because there is nothing left to pay its creditors. Are your personal assets now at risk? The short answer is no, but this ultimately depends on (a) the nature of the company, (b) the type of claim, and … Continue reading Shareholder’s Personal Liability when Winding Up a Company
Product liability in Singapore: knowing your rights as a consumer
Product defects can range from frustrating to even dangerous for consumers. This article explains the solutions for consumers to recover losses caused by product defects under the Consumer Protection (Fair Trading) Act, and the tort of negligence.
Yes, Prime Minister? A commentary on R (on the application of Miller) v The Prime Minister [2019] UKSC 41
In a referendum held on 23 June 2016, the United Kingdom voted to leave the European Union. Since then, the government’s attempts to initiate the withdrawal process have not only been fraught with political disagreement and delays, but have also prompted several constitutional law challenges.
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