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.

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.

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.

In this article, I critically examine the evolution of fraudulent sex criminalisation in Singapore and make two contributions. First, I demonstrate that the major amendments to the relevant Penal Code provisions (ie, in 2007 and 2019) were made pursuant to an attempted importation of English legal provisions, without due regard to the synergetic relationship between the imported provisions and the existing provisions in both the Penal Code and the English statutes. Second, I normatively assess the 2019 reform. I argue that the 2019 reform is desirable for two reasons: (1) the reform finally brings the plain-wording of the statutory provisions in line with what the government is prepared to fully enforce; and (2) the ostensible decriminalisation of fraudulent sex is mitigated by the broadlyworded cheating offences and the undisturbed broad judicial interpretation of how "fear of injury" may vitiate sexual consent.

Expenses incurred in the production of gross income would be deductible so that it would only be net income which would be subject to income tax. Expenses, to be deductible, must satisfy certain statutory requirements under the Income Tax Act. This article examines the general principles of deductibility under the Act and identifies and addresses potential problems in the application of these statutory requirements.