BACK-TO-BACK AND REPUDIATION BY PROLONGED NON-PAYMENT

In DSL Integrated Solution Pte Ltd v Triumph Electrical System Engineering Pte Ltd [2022] SGHC 221 (“DSL v Triumph”), the High Court addressed “back-to-back” contracts and found that a sub-sub-contractor was justified in stopping works as the sub-contractor had committed a repudiatory breach by failing to make payment.

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Xian Ying Tan
NOMINAL DAMAGES FOR BREACH OF CONTRACT

The case of Youprint Productions Pte Ltd v Mak Sook Ling [2022] SGHC 212 concerns an appeal on a simple point of law: when a breach of contract is proven, but not its loss or damage, should the claim be dismissed, or should it be allowed with nominal damages awarded?

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Xian Ying Tan
IMPLYING A TERM IN FACT

In Writers Studio Pte Ltd v Chin Kwok Yung [2022] SGHC 205, Justice Lee Seiu Kin (“Lee J”) dismissed a claim for breach of contract on the basis that the plaintiff had failed to properly plead the contract into which terms are to be implied in fact.

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Xian Ying Tan
A REFRESHER ON SHAM DOCUMENTS AND ILLEGALITY

In this week’s blog, we refresh ourselves on the legal principles for determining whether a document is a sham and whether a party can rely on an unpleaded issue of illegality with reference to the case of Siraj Ansari bin Mohamed Shariff v Juliana binte Bahadin & Anor [2022] SGHC 186 (“Siraj v Juliana”).

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Xian Ying Tan
THE ROLE OF AN EXPERT WITNESS

In Bharat Forge Ltd v Bombardier Aerospace Services Singapore Pte Ltd [2022] SGHC 179, the High Court considered the opinion of the plaintiff’s expert, and ultimately found that the expert opinion was not of any assistance. The High Court also stated that it “was unconvinced by the pro-[plaintiff] views that [the plaintiff’s expert] put forward” (at [81]). This decision serves as a timely reminder on the expectations of an expert witness.

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Xian Ying Tan
LIQUIDATED DAMAGES PROVISIONS AND CERTAINTY

In Buckingham Group Contracting Ltd v Peel L&P Investments and Property Ltd [2022] EWHC 1842 (TCC), the England and Wales Technology and Construction Court considered, among others, an application for a declaration that certain liquidated damages provision are void and unenforceable.

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Xian Ying Tan