
SINGAPORE JOURNAL OF LEGAL STUDIES


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- Case and Legislation Notes
Wrongful Arrest by Private Persons: Metro (Golden Mile) Pte. Ltd. v Paul Chua Wah Liang
Citation: [1981] Sing JLS 182 - Case and Legislation Notes
Contributory Negligence and Apportionment
Citation: [2016] Sing JLS 183In both the UK and Singapore, the legislation governing contributory negligence provides that in cases where the claimant has been contributorily negligent his damages should be reduced to such extent as the court considers just and equitable given his share in the responsibility for the damage he has sustained. As this is a rather general exhortation, it offers limited practical guidance. More specific assistance is to be found in a number of authorities, the most notable of which is probably Stapley v Gypsum Mines Ltd, where Lord Reid famously observed that as well as looking at the blameworthiness of both defendant and claimant, it is also necessary, when apportioning responsibility, to consider the relative importance of the claimant's actions. One of the most common situations in which contributory negligence is pleaded successfully is in relation to claims arising from road accidents, and in particular accidents involving pedestrians who are knocked down by drivers. In this context, more specific guidance on apportionment is to be found in decisions such as those of the House of Lords in Baker vWillough by and the English Court of Appeal_x000D_ in Eagle v Chambers, which suggest that, due to the dangers inherent in driving and the disparity in the potential for causing harm between a driver and a pedestrian, a higher burden is likely to be placed on the driver. - Case and Legislation Notes
Factoring and Stamp Duty in Singapore and Malaysia: Arab-Malaysian Merchant Bank Bhd v Boustead Trading (1985) Sdn Bhd
Citation: [1994] Sing JLS 183 - Case and Legislation Notes
Private Hospitals and Medical Clinics Act
Citation: [1992] Sing JLS 183 - Case and Legislation Notes
The Minority Shareholder’s Statutory Exits
Citation: [2007] Sing JLS 184 - Case and Legislation Notes
Restraining Foreign Proceedings: A Return to the Law of “Vexation and Oppression”: Societe Nationale Industielle Aerospatiale v Lee Kui Jak
Citation: [1988] Sing JLS 184 - Case and Legislation Notes
Striking a Balance Between Public Policy and Arbitration Policy in International Commercial Arbitration
Citation: [2012] Sing JLS 1852010 was a momentous year for Singapore arbitration law with the High Court's decision in AJT v. AJU marking the first time an arbitral award was set aside on the ground of public policy in Singapore. Unsurprisingly, that decision generated some comments. AJU appealed and the Court of Appeal, comprising Chan C.J., Rajah J.A. and Phang J.A., agreed withAJU and reinstated the arbitral award. Although the final result is unquestionably right, the court's reasoning is arguably controversial. This case note queries whether the Court of Appeal had intended to go as far as the judgment seems to suggest. It suggests that in the final analysis, the promotion of arbitration is a policy that has limits, particularly when the State's public policies are involved. - Case and Legislation Notes
Statement of Recommended Holdings of Thai Legal Materials
Citation: [1984] Sing JLS 185