The term “without prejudice” is commonly used in the course of settlement negotiations, but what does it really mean in law? Does it really mean that everything discussed can never be disclosed?
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Does the acceleration of a “primary obligation” invariably falls outside the scope of the penalty doctrine? Or can it be a secondary obligation? This was addressed by the Court of Appeal in Ethoz Capital Ltd v Im8ex Pte Ltd and others [2023] SGCA 2.
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In B High House International Pte Ltd v MCDP Phoenix Services Pte Ltd [2023] SGHC 12, a key issue before the High Court was when a person can be said to have actual or apparent authority to enter into a contract on behalf of a company.
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Sometimes, a contract may say that a certificate is to be conclusive of the amounts in the certificate. Or it may say that a determination by a specified person of the amounts due is to be conclusive. But does the use of the word “conclusive” mean that it is truly conclusive? The recent United Kingdom Supreme Court case of Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd [2023] UKSC 2 (“S&H v Blacks”) shows that this issue can be complicated.
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Vim Engineering Pte Ltd v Deluge Fire Protection (S.E.A.) Pte Ltd [2023] SGHC(A) 2 highlights the importance of contractual provisions when it comes to claims for variations.
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A party can terminate a contract pursuant to an agreed contractual mechanism. However, you can also do so by accepting the other party’s repudiatory breach. So, what amounts to a repudiatory breach? Will it amount to a repudiatory breach if you insist the other party complies with conditions that are not part of the contract? The recent case of Sunrise Industries (India) Ltd v. PT. OKI Pulp & Paper Mills & Anor [2023] SGHC 3 (“Sunrise v OKI”) addresses this.
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In Ten-League Engineering & Technology Pte Ltd v Precise Development Pte Ltd [2022] SGHC 317, the issue before the High Court was whether an oral contract had been formed between a main-contractor and a sub-sub-contractor for direct payment from the main contractor to the sub-sub-contractor, and if so, whether the oral contract been breached?
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In Diamond Glass Enterprise Pte Ltd v Zhong Kai Construction Co Pte Ltd and another appeal [2022] SGHC(A) 44, the Appellate Division of the High Court had the opportunity to address, among others, the position of the law on liquidated damages in Singapore. In this article, we set out two key points of the decision in respect of the same.
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Under the new Rules of Court 2021, Order 12 rule 2 provides that no expert evidence may be used in Court without the Court’s approval, and Order 12 rule 3(2) provides that save in a special case, a party may not rely on expert evidence from more than one expert. So, what happens if a party wants to change the expert? This week, we take a look at the case of University of Manchester v John McAslan & Partners Ltd & Anor [2022] EWHC 2750 (TCC) (“UOM v JMP”) to see how it may shed some light on this issue.
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In CUG & 3 Ors v CUH [2022] SGHC(I) 16, Sir Henry Bernard Eder IJ considered whether a legally binding arbitration agreement existed between parties where one party never signed any agreement containing an arbitration agreement.
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