|1091. ||JULY 1987 Issue|
|Defects in Construction: Recent Developments in the Law Relating to Limitation of Actions|
Lavers, Anthony (1987) 29 Mal. Law Rev. 18 (Jul)
This article considers how the law of limitation of actions has developed through judicial interpretation of statutory provisions. The main perspective is that of the construction industry and, in particular, it addresses the problems created by latent defects in buildings which materialise after the completion of the construction process. The attempts by the courts to operate the 'Pirelli principle' are discussed and the potential problems created by the so-called 'doomed-from-the-start exception' are explored. The article concludes with a consideration of the legislative response to the difficulties created by hidden defects, namely the Latent Damage Act 1986, and suggests that legislation may also be necessary in jurisdictions such as that of Singapore where similar difficulties are to be anticipated.
|1092. ||JULY 1987 Issue|
|Haw Tua Tau - The Aftermath (Have We No Case To Answer)|
Choo, Han Teck (1987) 29 Mal. Law Rev. 29 (Jul)
The Privy Council's decision in Haw Tua Tau v PP restated the burden of proof at the close of the prosecution's case from that enunciated previously in the Singapore and Malaysian Courts and, in so doing, created a controversy which has not yet been put to rest even after the recent decision of the Singapore Court Of Criminal Appeal in Abdul Ghani v PP. This article attempts to discuss the inherent problems in these cases and the difficulties faced by the judge, counsel and accused at the close of the prosecution case.
|1093. ||JULY 1987 Issue|
|Dishonoured Cheques and the Offence of Cheating - A Singapore Perspective|
Canagarayar, J.K. (1987) 29 Mal. Law Rev. 41 (Jul)
In this article an effort is made to explain the policy factors that influence the enactment of the provisions on "cheating" in the Singapore Penal Code. Explanations are also offered as to the manner in which these provisions ought to be interpreted for purposes of ascertaining the offence of "cheating" in cases that involve dishonoured cheques.
|1094. ||JULY 1987 Issue|
|The Duty to Maintain Spouse and Children during Marriage|
Leong, Wai Kum (1987) 29 Mal. Law Rev. 56 (Jul)
This article surveys the current issues on the law of maintenance during the subsistence of a marriage. On the duty of a husband to maintain his wife, we have the 1968 High Court appellate decision that it rests on proof of the husband's culpability. Is this good law? Even if it was good law then, is it still good law after the 1980 amendments? The law permits "any marries woman" to apply for maintenance; who is she? What is the effect of annulment and divorce on her ability to apply? In the duty of a parent to maintain his children, who is a "child" for this purpose? Does an order in favour of a child terminate on his reaching the age of twenty-one? The statutory provisions and case law are studied in some detail.
|1095. ||JULY 1987 Issue|
|Legal Profession (Amendment) Act 1986|
Pinsler, Jeffrey D. (1987) 29 Mal. Law Rev. 81 (Jul)
|1096. ||JULY 1987 Issue|
|Readjusting the Balance in Market Self-Regulation and Government Prudential Control - Securities Industry Act 1986|
Choong, T. C. (1987) 29 Mal. Law Rev. 89 (Jul)
|1097. ||JULY 1987 Issue|
|Increase of Rent - Contractual or Statutory Tenancy The Great Eastern Life Assurance Co. Ltd. V Ng Hui Lip|
Soon, Choo Hock (1987) 29 Mal. Law Rev. 96 (Jul)
|1098. ||JULY 1987 Issue|
|New Rules on Forum Conveniens Spiliada Maritime Corporation v Cansulex Limited|
Mohan, R. Chandra (1987) 29 Mal. Law Rev. 104 (Jul)
|1099. ||JULY 1987 Issue|
|Singapore and International Law|
(1987) 29 Mal. Law Rev. 111 (Jul)
|1100. ||JULY 1987 Issue|
|The Emergence of a Legal Framework for Economic Policy in ASEAN|
Shenoy, George T. L. (1987) 29 Mal. Law Rev. 116 (Jul)
ASEAN at present lacks a proper legal regime at the community level. However, this is to some extent compensated by similar approaches adopted by its members on certain matters. This include their outlook on free enterprise and competition, co-operation, common direction of their trade, their disposition to public control, and their attitude towards foreign investment. The prospects of an ASEAN community law depend upon whether the member countries are prepared to make the necessary adjustments to their national laws.