In the recent decision of Citicorp Investment Bank (Singapore) v Wee Ah Kee, our Court of Appeal examined the parol evidence rule. In interpreting the agreement in question, the court appears to have taken a restrictive view of the use of extrinsic evidence. This article explains how courts use extrinsic evidence to interpret instruments, and analyses the parol evidence provisions on interpretation in the Evidence Act

English Contract Law has long struggled to understand the effect of a fundamental common mistake in contract formation. Bell v. Lever Brothers Ltd. [1932] A.C. 161 recognises that a common mistake which totally undermines a contract renders it void. Solle v. Butcher [1950] 1 K.B. 671 recognises a doctrine of 'mistake in equity' under which a serious common mistake in contract formation falling short of totally undermining the contract could give an adversely affected party the right to rescind the contract. This article accepts that the enormous difficulty in differentiating these two kinds of mistake justifies the insistence by the Court of Appeal in The Great Peace [2003] Q.B. 679 that there can be only one doctrine of common mistake. However, the article proceeds to argue that where the risk of the commonly mistaken matter is not allocated by the contract itself a better doctrine would be that the contract is voidable.

This article examines the definition and treatment of tax losses in the computation of income. In particular, it addresses the scope of two anti-avoidance provisions aimed at counter-acting schemes that exploit accumulated tax losses in companies. Among other things, it highlights the need for legislative reform to deal with the ineffectiveness and flaws in these provisions.

This paper argues that the new heightened consciousness of terrorism in Singapore and Malaysia requires a more accommodative, but still distinctly liberal, approach to social and political rights, one which harnesses the strengths of liberal democracy and pluralism in its efforts to suppress both the threat of terrorism and its potential socially divisive consequences. In particular, the paper defends the view that liberalism, properly conceived, has the conceptual tools to accommodate cultural and religious differences and provides an antidote to the divisive, essentialist thinking that the tragic events of September 11 have unleashed.

The articulation of a single two-stage test by the Singapore Court of Appeal to determine the imposition of a duty of care in negligence for all types of damage claimed and for all factual scenarios is an admirable effort to bring doctrinal clarity to the neighbourhood principle. However, the notion of proximity which forms the cornerstone of the Spandeck test can benefit from a more methodical examination of a set of factual factors relevant to the relationship between the parties to the dispute. This article argues that the salient features approach of the High Court of Australia may be modified and adapted to assist Singapore courts in their analysis of "proximity" under the Spandeck formulation, and would be of significant practical benefit to judges and lawyers in their appraisement of the factual matrix.

Several cases involving claims for wrongful conception or wrongful birth have come before the English and Australian courts in recent years. The decisions in these cases have not been consistent and the law has been left in a state of some uncertainty. This article discusses the cases and considers the direction which the law in this area might be expected to take in future.

Advance in medical science have opened up new vistas for mankind. However, some of these advances such as artificial insemination by donor sit uncomfortably with the existing legal framework. The writer considers the legal implications of donor insemination and suggests that legislation be passed to resolve some of the difficulties.

This article discusses the need for greater certainty of subject-matter in developing guiding principles in intellectual property rights. It begins by noting the importance of certainty of subject-matter in property law in general and argues that certainty as to the scope of what is protected by intellectual property law is no less important especially with the strengthening of the rights conferred (particularly in copyright). It examines briefly the need for certainty of subject-matter in the context of registered trade marks and patent law before moving into a discussion of copyright and in particular the position of names and titles. It argues for greater caution in the use of competition driven mantra such as "reaping where you have not sown" in developing property based rights and for copyright lawto make conscious attempts to apply with greater clarity and rigour the expression/idea or facts dichotomy.

Educational institutions exist to serve the public good as centres for the transmission of knowledge and as places where new knowledge can be created or discovered. In order to achieve these goals, academic freedom, that is the freedom to teach what one believes to be the truth and the freedom to conduct research wherever it may lead to, is absolutely crucial. Tenure guarantees such freedom. In addition, tenure gives staff the opportunity to embark on long-term research that may not produce immediate results. In light of these reasons, universities, polytechnics as well as certain other organisations involved in higher education, often grant tenure to their staff upon the fulfillment of certain criteria. The aim of this note is to examine what is meant by the term tenure in the Singapore context. This is because, while tenure is quite commonly granted in the context of some educational institutions in Singapore, the exact legal meaning of it tends to be fuzzy. The note also makes some comparisons to the position in America in this regard.