SINGAPORE JOURNAL OF LEGAL STUDIES
Search Result
- Article
Twenty Years (and More) of Controlling Unfair Contract Terms in Singapore
Citation: [2016] Sing JLS 219The Unfair Contract Terms Act and s 3 of the Misrepresentation Act were formally adopted from the UK into Singapore in November 1993. The Consumer Protection (Fair Trading) Act followed about ten years later. This article discusses how these statutes have operated, primarily by examining how they have been applied in the case law, and reflects on their modus operandi and capacity to promote contractual fairness. - Article
Caveats – Two Questions
Citation: [1987] Sing JLS 219This article brings into question some aspects of the nature, function and effect of the caveat in the Singapore Torrents system. Two questions are posed and the attempt to answer them has involved essentially an examination of the provisions of the Land Titles Act and gleanings from the experiences of other Torrens jurisdictions. - Article
Defamation by Hyperlinks – Back to Basics?
Citation: [2024] Sing JLS 223First view: [Sep 2024 Online] Sing JLS 1-30The speed at which hyperlinks enable information to be disseminated poses challenges to legal regulation. In particular, major concerns arise over whether adherence to the Traditional Publication Rule would result in widespread liability. This paper explores how various jurisdictions have opted to tackle the issue of defamation via hyperlinks and highlights a shift towards a publisher-centric inquiry. This paper concludes by arguing that this shift is fundamentally at odds with the principles underlying the element of publication, and provides suggestions for how Singapore can consider approaching this issue moving forward. - Article
The Three-Part Test: Yet Another Test of Duty in Negligence
Citation: [1989] Sing JLS 223The article discusses the major tests that have been applied since Donoghue v. Stevenson to determine the existence of a duty of care in the tort of negligence. It is critical of the more recent tests that are based upon the “proximity” element. The article argues for a resuscitation of the Wilberforce two-stage test of the foreseeability basis that is qualified by public policies as the best available test that has been evolved so far. This test must, however, be applied, in the future, with greater circumspection and with greater regard for prior decisions that restricted or excluded recovery than before.
