|661. ||DECEMBER 1997 Issue|
|Insurable Interest in Singapore|
Lee, Kiat Seng  Sing JLS 499 (Dec)
Any lawyer who knows anything about the law relating to insurance will be familiar with the concept of insurable interest. In England, this requirement, in the context of general insurance, is imposed by the Life Insurance Act 1774. The provisions which relate to insurable interest do not just reproduce he English position. There are material differences between the English and the local positions. It is the aim of this article to explore the possible implications of these differences and to attempt to make suggestions as to the local legal position.
|662. ||DECEMBER 1997 Issue|
|Excessive Statutory Demands in Winding up and Bankruptcy|
Lee, Eng Beng  Sing JLS 532 (Dec)
The validity of statutory demands which specify a sum greater than the truly owing by the debtor is an issue which has arisen frequently in both the corporate liquidation and bankruptcy contexts. By analysing the relevant legislation, the authorities and arguments based on both policy and principle, this article attempts to show that the over-statement of the amount in a statutory demand does, in itself, result in the invalidity of the demand
|663. ||DECEMBER 1997 Issue|
|The Nature of the Test of Confidential Obligations and its Implications for the Law of Confidence|
Wong, Wai San Mary  Sing JLS 557 (Dec)
A key element of tort of breach of confidence is the nature of the relationship between the plaintiff and defendant. Recent English cases suggest that the test to be applied to determine this relationship may not be entirely clear. This article examines these cases and attempts to consider the appropriateness and consequences of the tests suggested on the law of confidence.
|664. ||DECEMBER 1997 Issue|
|A Fresh Look at Void Marriage Gereis v Yagoub|
Leong, Wai Kum  Sing JLS 580 (Dec)
|665. ||DECEMBER 1997 Issue|
|Recent Changes to the Small Claims Process: The Small Claims Tribunals (Jurisdiction) Order 1997 and The Small Claims Tribunals (Amendment) Rules 1997|
Soh, Kee Bun  Sing JLS 585 (Dec)
|666. ||DECEMBER 1997 Issue|
|Not Quite Unclogged Citicorp Investment Bank (Singapore) Ltd v Wee Ah Kee|
Lee, Eng Beng  Sing JLS 597 (Dec)
|667. ||DECEMBER 1997 Issue|
|Book Review: Hong Kong's New Constitutional Order: The Resumption of Chinese Sovereignty and the Basic Law by Yash P Ghai|
Tan, YL Kevin  Sing JLS 608 (Dec)
|668. ||JULY 1997 Issue|
|The Inherent Powers of the Court|
Pinsler, Jeffrey D  Sing JLS 1 (Jul)
This article examines the source, nature and scope of the inherent powers of the court, as well as the relationship between these powers and the court's procedural mechanism. It has often been the view that the inherent jurisdiction of the English court is applicable in Singapore without qualification. This assumption must be considered in the light of the jurisdictional developments which have occurred since the 1960's. The article also focuses on the willingness of the court to use its inherent powers to ensure a fair and effective process of litigation, and the justification of such a role in the absence, or even in the face, of statutory provision.
|669. ||JULY 1997 Issue|
|Deposits and Reasonable Penalties|
Soh, Kee Bun  Sing JLS 50 (Jul)
This article examines the law relating to the forfeiture of deposits, and the relevance of the law on contractual penalties. Deposits are very much like agreed sums payable upon a breach of contract, except for the fact of advance payment. However, there are very strong judicial statements to the effect that deposits are not subject to the same rules that apply to agreed sums payable upon a breach of contract. Consequently, while agreements to pay penalties are not enforceable, a reasonable penalty may be retained if paid in advance as a deposit. This article examines the legal position from both technical and policy perspectives.
|670. ||JULY 1997 Issue|
|Medical Negligence: The Contours of Criminality and the Role of the Coroner|
Hor, Yew Meng Michael  Sing JLS 86 (Jul)
The question of how the criminal law should treat negligently caused harm has always been practically and ethically problematic. While a wealth of authority exists for criminal negligence on the road, negligence in other contexts, particularly in the medical sphere, has rarely reached the criminal courts. This article explores the different ways in which negligence can be criminalised and argues that the law should not be held hostage by the peculiarities of road traffic negligence, and that the matter should be considered afresh for medical negligence. The conceptually difficult role of the Coroner in making pronouncements on criminal liability where the injury is fatal is also examined.