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111.  DECEMBER 2014 Issue
p.449

Book Reviews: The Privilege Against Self-Incrimination and Criminal Justice BY Andrew L-T Choo
Ho Hock Lai  •  [2014] Sing JLS 449 (Dec)
This is a book on the privilege against self-incrimination by a leading academic on criminal evidence and procedure. His work, particularly on the abuse of process and judicial stay of proceedings, has influenced decisions of the highest court in the United Kingdom and the Privy Council. The privilege against self-incrimination lacks a clear and widely accepted meaning. A helpful definition is provided in s 4 of the New Zealand Evidence Act 2006 (NZ), 2006/69. It is used by the author as a framing device. According to that definition, the privilege is the rule that a person may not be compelled, on pain of criminal sanction, to provide information that may lead to or increase the probability of his criminal prosecution. The focus is on the law in England and Wales as shaped by the jurisprudence on the European Convention on Human Rights [ECHR]. Comparative materials from the United States, Canada, Australia, New Zealand and India are also taken into account. As the author explains, the aim is to “highlight the doctrinal and theoretical issues that are of particular contemporary concern.” (at p vii) He has succeeded well in this objective.

112.  DECEMBER 2014 Issue
p.452

Book Reviews: The Law of Contract Damages by Adam Kramer
Irene Ng (Huang Ying)  •  [2014] Sing JLS 452 (Dec)
Damages—this is an unavoidable word in almost any kind of contractual dispute, and is of critical importance to the practitioner as it usually determines whether a suit should even be commenced. Where damages are concerned, it is more often than not a question of “how much?” Indeed, there are many species of damages such as compensatory, nominal, punitive and liquidated damages, and of all species of damages, the calculation of compensatory damages is perhaps the most complex. A large bulk of Kramer's The Law of Contract Damages (Oxford: Hart Publishing, 2014) is therefore devoted to addressing this question.

113.  JULY 2014 Issue
p.1

Islamic Insurance in Malaysia: Insights for the Indian Insurance Industry
Mohit Anand  •  [2014] Sing JLS 1 (Jul)
This article looks at the development and characteristics of Islamic insurance (takaful) which is compatible with the principles of Islamic finance, thereby making it acceptable and attractive for millions of Muslims as an alternative to conventional insurance. In so doing, this article provides a detailed review on the evolution of takaful in the context of the Malaysian insurance sector which is among the largest players in the global takaful market. Taking cues from the success of takaful in Malaysia, this article explores certain key tenets of takaful and micro-takaful (low-cost takaful) that can be translated specifically into the indian context when the market eventually opens up and possibly into other developing and developed markets with substantial Muslim populations.

114.  JULY 2014 Issue
p.24

Piercing the Corporate Veil - In England and Singapore
Stephen Bull  •  [2014] Sing JLS 24 (Jul)
The legal personality accorded by statute to a company, as distinct from the persons of its members, is probably the most fundamental principle of company law and forms a key building-block of our economic and legal structure. However the principle is not entirely an absolute one: the courts have on occasion asserted their power to disregard that separate personality in order to treat the company as one with its controller. But the rationale and scope of this power have only rarely been articulated in the higher courts. This article focuses on recent judicial analyses of piercing the corporate veil in England, and compares the latest approach of the Singapore courts to the same question.

115.  JULY 2014 Issue
p.41

Psychiatric Injury, Secondary Victims and the "Sudden Shock" Requirement
Margaret Fordham  •  [2014] Sing JLS 41 (Jul)
The requirement that claims in negligence for psychiatric injury must stem from shock-induced damage is both artificial and arbitrary. For this reason, the "shock" requirement has been rejected by the High Court of Australia. However, shock-induced injury continues to be a key criterion in both the U.K. and Singapore, at least in cases not involving medical negligence. This article examines the history of the shock requirement and its application in all three jurisdictions. It concludes that, while the Australian position is to be preferred, there is no immediate indication that the law in either the U.K. or Singapore is likely to be modified to remove the requirement.

116.  JULY 2014 Issue
p.59

Using Trusts to Protect Mobile Money Customers
Jonathan Greenacre and Ross P. Buckley  •  [2014] Sing JLS 59 (Jul)
Some 1.8 billion people today have a mobile phone and no bank account. Mobile money is the provision of financial services through mobile phones. It offers the substantial potential benefits of financial inclusion to poor people in poor nations. This article explores how trust law can be used to address the key risks these mobile money customers face: bankruptcy of the e-money provider, illiquidity and fraud. Prudential regulation is largely inapplicable because most providers are telecommunications companies and not banks. Trust law is a highly efficacious way to address this regulatory lacuna.

117.  JULY 2014 Issue
p.79

Making a Case for the Duty to Act for Proper Purposes
Lee Suet Lin Joyce  •  [2014] Sing JLS 79 (Jul)
The duty to act for proper purposes is seldom applied and thus is not well-developed in Singapore. The aim of this article is to describe the development of the duty to act for proper purposes in other Commonwealth jurisdictions, and in the process, better understand when an exercise of a power by a director may be subject to review according to the duty. The argument is made that the duty is flexible, capable of application in a wide variety of situations and it is hoped the law as regards this duty has the opportunity to develop in Singapore.
[Full Text]

118.  JULY 2014 Issue
p.98

Recognising Lost Chances in Tort Law
Liang ShiWei, Jeremy and Low Kee Yang  •  [2014] Sing JLS 98 (Jul)
This paper proposes the way forward in dealing with the unsatisfactory case law involving loss of chance in negligence, particularly medical negligence. It seeks to show that the current approach in England and in Singapore of applying traditional causation rules is arbitrary and inadequate, and fails to meet a deserving loss of chance claim. The authors seek to examine whether loss of chance is better understood as a theory of injury instead of a theory of causation. Inspecting major common law jurisdictions and the key controversies in reconciling the case law, it will be advanced that the best method (in terms of justice and doctrinal fit) for the development in tort jurisprudence lies in recognising and valuing lost chances as a new category of damage. A lost chance should be recognised if it fulfils a twofold precondition, namely that: (i) there was a significant chance about the outcome at the time of the alleged negligence; and (ii) the injury which affected the claimant's prospects lay in the future at the time of the alleged negligence. Once this is met, damages may be awarded accordingly in proportion to the chance lost based on a weighted mean.

119.  JULY 2014 Issue
p.123

Legal Transplants and Adaptation in a Colonial Setting: Company Law in British Malaya
Petra Mahy and Ian Ramsay  •  [2014] Sing JLS 123 (Jul)
This paper traces the development of company law during the colonial era in British Malaya, providing details on the laws of the Straits Settlements and the Federated Malay States. It also presents an account of economic development and the use of the limited liability company form in these two interlinked jurisdictions. The paper notes the lack of connection between the evolution of company law in Malaya, local economic and political developments and the actual local use of the law. We situate this material within three current debates about the nature of colonial company law: whether the law was more a product of the "transplant effect" than of legal family; whether the dispersal of company law to the colonies was as straightforward as is often assumed; and whether the law was best characterised as "imperialism".
[Full Text]

120.  JULY 2014 Issue
p.151

Implication of Terms in Law in Singapore
Teo Keang Sood  •  [2014] Sing JLS 151 (Jul)
This article examines the position in Singapore in relation to the common law category of implication of terms in law. It argues that the test of necessity was indeed laid down for this category by the House of Lords in Liverpool City Council and vigorously applied in subsequent House of Lords' decisions. Although a number of reasons may arguably be advanced to support the application of the test of necessity, Singapore courts do not appear to have applied it albeit alluded to in one case. Further, the criterion of reasonableness has also not been considered in all local cases, highlighting the inconsistent approach adopted. It is argued that, ultimately, policy considerations, fairness and justice might be the true principled test for this category in Singapore.

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