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SINGAPORE JOURNAL OF LEGAL STUDIES

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  • Journal Result

  • Case and Legislation Notes

    Singapore and International Law

    Citation: [1991] Sing JLS 221
  • Case and Legislation Notes

    No-Oral-Variation Clauses and our Powers to Vary Contracts- Charles Lim Teng Siang v Hong Choon Hau

    Citation: [2022] Sing JLS 225
    In Charles Lim v Hong Choon Hau [2021] SGCA 43, the Singapore Court of Appeal delivered an important judgment on no-oral-variation clauses, and their legal effect. This note analyses the reasoning of the Court, addressing also some implications the case might have on future developments.
  • Case and Legislation Notes

    Unilateral Mistake in the English Courts: Reasserting the Traditional Approach

    Citation: [2009] Sing JLS 226
    In the case of Statoil A.S.A. v. Louis Dreyfus Energy Services L.P., Aikens J. has reasserted the traditional principles of English lawgoverning unilateral mistake. On one level, it is an unexceptional decision. It applies the well-settled law relating to unilateral mistake, based on long-established authority and as a reflection of the approach taken recently by the Court of Appeal to the significance of mistake in contract. On the other hand, the issues raised by the case prompt a re-examination of the approach of English law to unilateral mistake.
  • Case and Legislation Notes

    Documentary Letters of Credit: The Bank’s Duty to Bring Up All Discrepancies: Amixco Asia (Pte) Ltd v Bank Bumiputra Malaysia Berhad

    Citation: [1993] Sing JLS 226
  • Case and Legislation Notes

    Natural Justice and the Constitution

    Citation: [1981] Sing JLS 226
  • Case and Legislation Notes

    Unilateral Mistake in Contract: Five Degrees of Fusion of Common Law and Equity: Chwee Kin Keong v. Digilandmall.com Pte. Ltd

    Citation: [2004] Sing JLS 227
  • Case and Legislation Notes

    Enhancing Sentences in the Absence of a Prosecution Appeal

    Citation: [2014] Sing JLS 229
    Sometimes, following a conviction, an appeal is brought by the convicted person without any crossappeal by the Prosecution on the sentence. Can the appellate court nevertheless increase the sentence imposed below? This study of the relevant cases and statutory provisions in Singapore suggests that both the High Court and the Court of Appeal are vested with the power to increase the sentence even where the only appeal is brought by the convicted person.
  • Case and Legislation Notes

    The Burden of Proof of Provocation of Murder: Vasquez v R; O’Neil v R

    Citation: [1995] Sing JLS 229
  • Case and Legislation Notes

    Case and Legislation Notes: Intimations of Proportionality? Rights Protection and the Singapore Constitution – Wham Kwok Han Jolovan v Public Prosecutor

    Citation: [2021] Sing JLS 231
    Wham Kwok Han Jolovan v Public Prosecutor is potentially the most important constitutional decision ever rendered by the Singapore Court of Appeal, insofar as it heralds a new and more intrusive approach to the judicial review of rights claims in Singapore. The ruling expressly overturned deference postures associated with the "presumption of constitutionality," at least with respect to Article 14 of the Constitution; it consolidated dicta announcing the reconfiguration of separation of powers doctrines; and it developed and deployed a rudimentary, if yet incomplete, form of proportionality review to assess the legality of legislation adopted under Article 14's limitation clause. The note analyses these changes from a comparative perspective, in light of the difficulties foreign apex courts have had in fully transitioning to a more balancing-friendly approach to rights adjudication.
  • Case and Legislation Notes

    Carriage of Goods by Sea Act, 1972 (No. 30)

    Citation: [1978] Sing JLS 231