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Aqua Art Pte Ltd v Goodman Development (S) Pte Ltd

A purchaser who enters into a contract that is void by reason of s 3 of the Residential Property Act cannot recover money paid under the contract if they knew or should have known of the restrictions.

Sushant Shukla· ·14 min read
Singapore

Bidvest Australia Ltd v Deacons Singapore Ltd and another

A stakeholder's obligations are confined to the express terms of the stakeholder agreement, and the stakeholder is not required to conduct due diligence on the veracity of documents provided to trigger the release of funds unless expressly required by the agreement.

Sushant Shukla· ·15 min read
Singapore

Agrolex Private Limited v IFS Capital Limited

A party is entitled to rely on conditions precedent in a contract, and a plaintiff must provide evidence to substantiate its claim for damages.

Sushant Shukla· ·14 min read
Singapore

Pun Serge v Joy Head Investments Ltd [2010] SGHC 182

A performance bond is a form of security for the performance of a contract, and in the absence of express terms to the contrary, there is an inherent duty for a subsequent mutual accounting between parties if the bond is called upon and the amount paid exceeds the actual loss suf

Sushant Shukla· ·13 min read
Singapore

Bidvest Australia Ltd v Deacons Singapore Ltd and another [2010] SGHC 128

A stakeholder's obligations are to be construed within the four walls of the stakeholder agreement itself, and the fact that the stakeholder is also the solicitor for one of the parties does not alter the nature of those obligations.

Sushant Shukla· ·13 min read
Singapore

NAVIN JATIA & 2 Ors v RAM NIRANJAN & Anor

The Court of Appeal held that the August 2015 Deed was a valid settlement agreement and that there was no breach of any duty of disclosure by the parties, as the duty of disclosure in family arrangements is not engaged where there is no relationship of trust and confidence.

Sushant Shukla· ·15 min read
Singapore

Eng Hui Cheh David v Opera Gallery Pte Ltd

Mere silence per se cannot constitute misrepresentation absent exceptional circumstances, and a party must prove that a representation was made to establish an actionable misrepresentation.

Sushant Shukla· ·13 min read
Singapore

Shepherdson, Terence Christopher v Singapore Recreation Club [2019] SGHCR 5

Damages for wrongful suspension of club membership are contractual in nature. The court adopts a broad-brush approach to quantify damages for deprivation of membership rights and privileges, and a three-step framework to quantify damages for mental distress.

Sushant Shukla· ·13 min read
Singapore

Gravitas International Associates Pte Ltd v Invictus Group Pte Ltd [2022] SGHC 2

A non-assignment clause in a contract, properly interpreted, can invalidate an assignment made without the required prior consent, and such a clause is not contrary to public policy.

Sushant Shukla· ·15 min read
Singapore

Smoothlink Worldwide Services Pte Ltd v Regional Marine & Engineering Services Pte Ltd and another suit [2020] SGHC 94

The court held that the defendant was not induced by the plaintiff's representations regarding the weight of the rigs, as the contract was on an 'as is' basis and the defendant failed to prove its loss.

Sushant Shukla· ·13 min read
Singapore

Phosagro Asia Pte Ltd v Piattchanine, Iouri [2016] SGCA 61

The court held that 'serious misconduct' in an employment contract refers to a breach that is so serious as to constitute a repudiatory breach at common law, and that the principles in RDC Concrete apply to determine if a breach is repudiatory.

Sushant Shukla· ·13 min read
Singapore

Zhang Jinxia & Anor v Zhu Yuhua

The court held that a clause in a loan agreement imposing interest of 0.5% per day for 30 days upon default is not a penalty clause where the parties are of comparable bargaining power and the defaulting party fails to show the sum is extravagant or unconscionable.

Sushant Shukla· ·13 min read
Singapore

Eng Hui Cheh David v Opera Gallery Pte Ltd [2009] SGCA 49

The court held that there was no evidence to prove that the respondent had misrepresented to the appellant that the sculpture was the only one available on the open market, and that the appellant's claim for breach of contract failed as the delivery of the specific sculpture was

Sushant Shukla· ·15 min read
Singapore

Guobena Sdn Bhd v New Civilbuild Pte Ltd [2002] SGCA 39

An aggrieved party in a breach of contract is entitled to claim as damages the losses or additional expenses incurred to obtain what was contracted for, but not to gain beyond such loss, taking into account the contract sum.

Sushant Shukla· ·14 min read
Def. Lex-O-Pedia
Will Force Majeure apply to the impending LPG crisis in India?
Will a wave of force majeure litigation hit Indian courts and will it be successful?
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