This paper will compare the contract laws of Singapore and Taiwan in the following areas: (1) the extent to which contractual performance interest is protected; and (2) how remedies of breach of contract are justified and awarded.
The Turbulent Future of Zootopia Airways: A Review of the 2017 BlackOak Transactional Competition
The inaugural BlackOak Transactional Competition attracted over 70 participants from the SMU and NUS Law Faculties. Organised by the SMU Corporate and Commercial Law Club and sponsored by BlackOak LLC, the competition was carried out in the unique format of a five-way negotiation.
Is that indemnity form valid?
During the school holidays, it is common for students to sign up for extra-curricular activities and it is equally common to be asked to sign an indemnity form. In a typical indemnity form, you agree to waive your right of legal action in the event of personal injury or death, arising from the negligence of … Continue reading Is that indemnity form valid?
No Free Riding: The Scope of Auditors’ Negligence in Barclays
The extent of auditors’ liability in negligence has, on the whole, been a settled area of law, stemming from the important English case of Caparo Industries Inc v Dickman (“Caparo”). The decision in Caparo with respect to negligent audit work has been followed in Singapore and other Commonwealth countries such as Australia and Canada. Nonetheless, with the benefit of legal advice, disclaimers of liability limiting auditor liability to the audit clients have crept into auditors’ reports.
Punitive Damages & Contract Law: Implications of Airtrust
In PH Hydraulics & Engineering v Airtrust, the Singapore Court of Appeal (“CA”) addressed a significant point of law in respect of the availability of punitive damages for the breach of contract by a party. In their judgment, the CA held that concept of punishment has no place in the common law of contract. This case note aims to highlight the various arguments put forth by the CA in refusing to award punitive damages.
Trading on the Edge: Insider Trading Regulations in Singapore & in the US
In the fast-paced world of trading, everything revolves around gaining an edge. The challenge lies in striving to use information faster than others. If information fresh off the press is great, then a fortiori, information that has yet to hit the press is even better. This gives rise to the issue of insider trading, where parties attempt to take advantage of confidential information to gain an edge.
Bridging the Divide between Married and Unwed Mothers
A letter (“No extra perks if unwed mums adopt own children: Forum” on 25th May 2017) by the Ministry of Social and Family Development (MSF) has raised pertinent views on how the Singaporean Government perceives marital status and motherhood. Recently, the MSF had granted Child Development Account (CDA) benefits[3] and Government-paid maternity leave to unwed mothers and their children – a step towards greater inclusion of diverse family structures within Singapore. Currently, all mothers have access to: MediSave grants for their newborn, infant care and childcare subsidies, and maid levy concessions. While MSF has made concerted efforts to provide all children with healthcare subsidies and benefits, there remains a disparity in the treatment between married mothers and unwed mothers.
A Brave New World: Artificial Intelligence and the Future Lawyer
The capabilities of AI have reached a point where a computer can analyse sizeable amounts of data with great precision and speed, and can thereafter, mimicking how to brain works, be programmed by coders to “learn” various things such as photography, to play video games, or even made to learn how to teach itself.
Amendments to the Companies Act: Debt Restructuring and Judicial Management Rules
Following several proposals made by the Committee to Strengthen Singapore as an International Centre for Debt Restructuring (“the Committee”), the Ministry of Law introduced new provisions to the Companies Act (“CA”). These changes improve the legal framework for undertaking major debt restructurings in Singapore and make it easier for foreign companies to access the procedures for debt restructuring.
An Old-New Dilemma: A Commentary on Heritage Preservation Laws in Singapore
In Singapore, three statutes provide general protection to tangible heritage: the Preservation of Monuments Act (“PMA”) provides for the protection of historical sites and buildings through the National Heritage Board (“NHB”); the National Heritage Board Act (“NHBA”) regulates archaeological investigations and the National Museum of Singapore and its collections; and the Planning Act (“PA”) incorporates heritage considerations into the land planning process. Heritage, in this context, includes sites, buildings, structures and artefacts.
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