The penal-compensatory dichotomy of liquidated damages clauses: Denka Advantech Pte Ltd v Seraya Energy Pte Ltd [2021] 1 SLR 631

I.          Executive summary Parties are generally free to contract as they wish, through exchanging promises and imposing obligations on one another that are enforceable in a court of law. However, there are specific limitations that the court has set on contracts, whether for policy or practical reasons.One such limitation is the ability of a party … Continue reading The penal-compensatory dichotomy of liquidated damages clauses: Denka Advantech Pte Ltd v Seraya Energy Pte Ltd [2021] 1 SLR 631

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 precise ambit of the sealing requirement for deeds: Lim Zhipeng v Seow Suat Thin [2020] SGCA 89

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

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.

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.