Traditionally, directors are said to only owe a duty of care to their company. In certain circumstances however, directors may also owe a personal duty of care to their clients, thereby rendering the director personally liable to the client. In Sim Tee Meng v Haw Wan Sin David [2019] SGCA 71, the Court of Appeal applied the Spandeck framework in establishing whether a duty of care was owed by a key executive officer to the company's clients.
Ending a marriage in Singapore – divorce or annulment?
Ending a marital relationship is a major life decision, and it can be one that is stressful, emotional, and complicated. Should you be thinking of calling your marriage quits, you are not alone, and there are available avenues of the law you can turn to for your situation.
Am I allowed to defend myself if I am molested?
Imagine falling asleep on the bus home and waking up to find the stranger sitting next to you touching you inappropriately. How would you react? Would you push him away or hit him in self-defence? The number of molestation cases have recently been on the rise.
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
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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