|641. ||JULY 1998 Issue|
|Keeping Fiduciary Liability within Acceptable Limits|
Davies, J.D.  Sing JLS 1 (Jul)
Fiduciary law now covers a wide range of situations, in the commercial as well as the property areas, that are far removed from its origin in the law of express trusteeship. It is feared for its uncertainty of application, which is in part due to the generalizations in which the law that governs conflict of duty and interest on the part of trustees is couched. A different approach is needed for the variety of fiduciaries which exist in the modern law. It is necessary that the response of fiduciary law to situations which it is dealing with must be proportionate. It will also be suggested that the parties are able to regulate and limit their obligations under it through the law of contract.
|642. ||JULY 1998 Issue|
|Disclosure of Evidence before Trial: The Development of the Rules of Court and the Transformation of Policy|
Pinsler, Jeffrey D  Sing JLS 15 (Jul)
This article examines the developments in the process of discovery in civil cases in the course of this decade and accesses changes in policy concerning the disclosure of evidence before trial. Singapore's position in this area of procedure is compared to that operation in other common law legal systems.
|643. ||JULY 1998 Issue|
|Digging up Moss in the Antipodes (Monies Owing Guarantees)|
Edwards, Robin & Liu, CK  Sing JLS 44 (Jul)
This article explores the danger of using words like "due and owing" in a guarantee when the debtor becomes bankrupt and is discharged. Despite statutory protection aimed at keeping the liability of the guarantor alive the words may be viewed as releasing the guarantor from liability. This article explores the interpretation and application of Re Moss; Ex parte Hallett in Australia, New Zealand, Hong Kong and how to avoid the problem in the first place.
|644. ||JULY 1998 Issue|
|Exemplary or Punitive Damages|
Soh, Kee Bun  Sing JLS 63 (Jul)
This article examines the availability of exemplary or punitive damages in Singapore. The position at common law is examined, together with relevant statutory provisions. The law in England on punitive damages is not logical and has not been followed in major common law jurisdictions. It seems to have been followed here without detailed argument. It is argued that it should not be followed in Singapore, and that the law should not only operate to provide compensation after damage has been suffered. Punitive damages can play a useful role in protecting some rights and interests by deterring some types of conduct.
|645. ||JULY 1998 Issue|
|Passing the Benefit and Burden of Restrictive Covenants Governing Land in Singapore|
Crown, Barry C  Sing JLS 98 (Jul)
The rule relating to the passing of the benefit and burden of restrictive covenants are extremely complicated. In recent years steps have been taken in England to simplify these rules. This article explores the differences between English and Singapore law on this subject and examines the extent to which the Singapore courts too can simplify this area of the law.
|646. ||JULY 1998 Issue|
|Nervous Shock, Rescuers and Employees - Primary or Secondary Victims?|
Lan, Luh Luh & Leong, Huey SY Susanna  Sing JLS 121 (Jul)
The Court of Appeal's decision in Frost is important as it is the first decision of the lower courts concerning claims by rescuers and employees for psychiatric injuries after the two House of Lords' judgments of Alcock and Page. It is evident that the judges in Frost were presented with an uphill task of interpreting and applying the principles laid down by the Law Lords in Alcock and Page, in particular the definition of primary and secondary victims. This article examines the difficulties faced by the courts in categorising rescuers and employees as primary or secondary victims for the purposes of imposing liability for nervous shock.
|647. ||JULY 1998 Issue|
|The Bolam Test Lives on Bolitho v City and Hackney Health Authority|
Fordham, Margaret  Sing JLS 140 (Jul)
|648. ||JULY 1998 Issue|
|Remedy of Specific Performance - Supervision and Changing Trends Cooperative Insurance Society Ltd v Argyll Stores (Holdings) Ltd|
Yeo, Hwee Ying  Sing JLS 150 (Jul)
|649. ||JULY 1998 Issue|
|Severance of a Joint Tenancy Diaz v Diaz|
Crown, Barry C  Sing JLS 166 (Jul)
|650. ||JULY 1998 Issue|
|Motor Insurance: Distinguishing Contractual Rights from Statutory Rights Sim Jin Hwee v Nippon Fire & Marine Insurance Co Ltd|
Lee, Kiat Seng  Sing JLS 172 (Jul)