SJLS-logo-2

SINGAPORE JOURNAL OF LEGAL STUDIES

transparent
transparent

  • Journal Result

  • Case and Legislation Notes

    The Ceylon Treason Trial: The Queen v. Liyanage and others

    Citation: [1963] Sing JLS 171
  • Case and Legislation Notes

    The Competition Act 2004: A Legislative Landmark on Singapore’s Legal Landscape

    Citation: [2006] Sing JLS 172
  • Case and Legislation Notes

    Motor Insurance: Distinguishing Contractual Rights from Statutory Rights: Sim Jin Hwee v Nippon Fire & Marine Insurance Co Ltd

    Citation: [1998] Sing JLS 172
  • Case and Legislation Notes

    Rashness under Section 304a of the Penal Code: Ramlan bin Salleh v Public Prosecutor

    Citation: [1988] Sing JLS 172
  • Case and Legislation Notes

    Index of Names in the Judicial History

    Citation: [1969] Sing JLS 172
  • Case and Legislation Notes

    Notes on Selected Cases of Mr. Justice Tan Ah Tah

    Citation: [1974] Sing JLS 173
  • Case and Legislation Notes

    “Reduction in Rank” and The Element of Penalty: Munusamy v Public Services Commission

    Citation: [1964] Sing JLS 173
  • Case and Legislation Notes

    Framing Contractual Freedom within the Precept of ‘Honesty, Reliability and Integrity’

    Citation: [2012] Sing JLS 174
    Might a bank rely on a conclusive evidence clause against a customer when its employee has knowingly entered into unauthorised transactions on the customer's account? Thiswas one of the key issues before the Singapore High Court in Jiang Ou v. EFG Bank AG. The issue brought into question the considerations that shape the contours of contractual freedom, and how the law should respond when a conclusive evidence clause is relied upon to defeat the claim that the bank statement is inaccurate by reason of fraud perpetrated by the bank's employee. The decision invoked both the Unfair Contract Terms Act, as well as public policy at common law to defeat the bank's reliance on a conclusive evidence clause. While preventing the bank from shifting the consequences of fraud originating from within the banking organisation may be intuitively appealing, the decision carries broader implications for the drafting of conclusive evidence clauses and raises questions about the ambit of the common law prohibition.
  • Case and Legislation Notes

    Discharges Not Amounting To an Acquittal: A Re-Appraisal: K. Abdul Rasheed v Public Prosecutor and Ah Chak Arnold v Public Prosecutor

    Citation: [1985] Sing JLS 174
  • Case and Legislation Notes

    Selected Unreported Decision: Yap Foo Yuen v P.P.; Criminal Case No. 31 of 1982; Criminal Appeal No. 7 of 1983

    Citation: [1984] Sing JLS 174