Let’s say you are an investor. You enter a joint investment with a friend, and lend him $100,000. Sadly, the joint venture fails, and to make matters worse, your friend has gone bankrupt and transferred half of your money to his wife. Can you get your money back?
Shareholders vs Mismanagement by Directors: The power of a Statutory Derivative Action
Usually, a company would have a legal claim against such misbehaving directors. However, the directors of a company are the ones who decide when the company takes legal action. Does this mean the company is left helpless to claim for its losses from these directors? Thankfully not. As a shareholder, although you are typically unable to cause the company to take legal action, the law provides an exception to this rule under Section 216A of the Companies Act. This is called the “statutory derivative action”.
Love gone cold – What does it mean for a marriage to be voidable and When does it happen?
This article first defines voidable marriages including how it differs from divorce. Then, it explores two of six grounds of voidable marriages under section 106 of the Women’s Charter which are based on non-consummation. Lastly, it will address a possible bar to making this claim.
Consent and Personal Data: Charting the Differences between the PDPA and GDPR
This article provides perspective on Singapore’s efforts in relation to data protection by comparing the local PDPA with the renowned General Data Protection Regulation, which had been studied in the drafting of the Personal Data Protection (Amendment) Bill 2020.
Breaking the Cycle of At-Risk Behaviour in Youths: Singapore’s 2020 Family Guidance Order
Children and young persons who engage in activities that put them at risk of committing criminal offences often come under fire for their behavioural issues. However, can all at-risk behaviour be attributed to youths themselves? The introduction of the Family Guidance Order (FGO) in 2020 marked a shift in Singapore's stance on this issue. It recognised the dual importance of reducing the blame on the recalcitrant youth and addressing poor parent-child relationships.
Benefits of the Personal Data Protection (Amendment) Act 2020 to the Consumer
You share personal data with every online transaction you make. This means that vast amounts of your most sensitive information - health records, passport number, residential address - are collected, used, and transferred between organisations. How is your personal data protected from misuse without adversely affecting your user experience?
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.
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.
smulexicon.com 