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- 28. TORT LAW
- Case Note EVERYTHING EVERYWHERE ALL AT ONCE? The “Prevention Principle” and the Implied Duty to Co-Operate in Singapore Ng Koon Yee Mickey v Mah Sau Cheong [2022] 2 SLR 1296 “No person should be permitted to take advantage of his own wrong.” This is a legal maxim that traverses a wide variety of legal contexts, including the law of contract in Singapore. In particular, this maxim informs the basis for the common law's development of rules such as the “prevention principle” and the implied duty to co-operate in Singapore. In this case note, the author analyses the Appellate Division of the High Court's decision in Ng Koon Yee Mickey v Mah Sau Cheong [2022] 2 SLR 1296, which raises some pertinent questions on the scope and application of the “prevention principle”, and the standard for implying terms in law in Singapore.
- DATA PROTECTION IMPLICATIONS OF MODERN EMPLOYEE MONITORING SOFTWARE A wide array of employee monitoring software products has emerged on the market. Employee monitoring software may enable employers to manage their employees more efficiently, and to protect their organisational and business interests more effectively. However, the use of employee monitoring software presents novel data protection issues, which must be addressed in order to secure employees' right to data protection, and avoid breaches of data protection law by employers. This article examines the capabilities of modern employee monitoring software available on the market, and highlights the various data protection issues that may arise from the use of such software. It will also discuss the use of employee monitoring software from a broader policy perspective.
- WHEN A HOUSE IS NOT THE (MATRIMONIAL) HOME The Division of Multigenerational Matrimonial Homes in Singapore The ways in which families organise their lives are neither uniform nor universal. The recent decisions of TQU v TQT [2020] SGCA 8 and VOD v VOC [2022] SGHC(A) 6 have demonstrated the difficulty in understanding the place of a multigenerational matrimonial home — a single property that is a matrimonial home to two different family nuclei. In this article, using Singapore as a case study, the author argues that a single property can be the matrimonial home for two different families and that a party's part-interest in the multigenerational matrimonial home should be included in the pool of matrimonial assets for division. The author further advances a novel argument that the classification methodology can be applied by the courts to take into account the ownership and residence of the other family in the multigenerational matrimonial home as a “clear reason to make a different calculation” for the mult
- A NETWORK ANALYSIS OF THE SINGAPORE COURT OF APPEAL'S CITATIONS TO PRECEDENT This article presents findings from an empirical network analysis of citation practices in Singapore's highest court. A network of all 987 reported Court of Appeal judgments handed down from 2000 to 2017 is constructed. Network centrality algorithms are used to rank judgments by centrality. Judgments on contract law, particularly on contractual interpretation and terms, emerge as the most central. Based on this, this article argues that more attention can be paid to interpretation per se as a legal skill. More generally, this article establishes a framework for applying network analysis to Singapore jurisprudence on a larger scale.
- PIERCING THE VEIL OF CONFIDENTIALITY IN MEDIATION TO ENSURE GOOD FAITH PARTICIPATION An Untenable Position? Confidentiality is a foundational characteristic of the mediation process, a key feature that distinguishes mediation from litigation. However, the veil of confidentiality has been lifted for several purposes, including the courts' assessment of the parties' conduct so as to ensure good faith participation in the mediation. This article discusses how mediation confidentiality and good faith participation may be concurrently promoted. It reviews the current approaches to upholding the general confidentiality and inadmissibility of mediation communications, and proposes ways to ensure that the veil of mediation confidentiality is pierced in highly circumscribed circumstances. It then examines the issue of whether to mandate good faith participation in mediation. This author proposes the articulation of a good faith obligation in order to send the correct signal about the expected conduct within
- 21. LAND LAW
- ENFORCEMENT OF INTERNATIONAL SETTLEMENT AGREEMENTS RESULTING FROM MEDIATION UNDER THE SINGAPORE CONVENTION Private International Law Issues in Perspective This article introduces the Singapore Convention on International Settlement Agreements Resulting from Mediation (“the Convention”). It discusses the enforcement of mediated settlement agreements under the Convention against the background of private international law. First, the Convention and its genesis are introduced. Second, the rationale and scope of the Convention are examined. Third, the Convention is placed in the context of private international law. Fourth, the requirements for enforcement of an international mediated settlement agreement (“IMSA”) under the Convention are laid out. Fifth, the grounds for refusal of judicial enforcement of IMSAs are examined. The article ends with a conclusion and outlook.
- Case Note EMOJIS AND CONTRACT FORMATION South West Terminal Ltd v Achter Land & Cattle Ltd [2023] SKKB 116 This case note analyses the decision in the Canadian case of South West Terminal Ltd v Achter Land & Cattle Ltd [2023] SKKB 116 and considers how Singapore law would be applied to a situation where emojis are used in the course of negotiations leading up to the formation of a contract.
- MEDIATION CLAUSES Enforceability and Impact Mediation can only begin and continue on the basis of the parties' voluntary participation. Therefore, it is important to have clarity regarding the parties' desire to submit their dispute to mediation. This article adopts an international comparative perspective in analysing the issues that arise when parties dispute the validity and effect of their mediation clause. Mediation clauses give rise to three clear points for discussion: When are these agreements binding on the parties; to what extent should these agreements be enforced; and how should breaches of these agreements be remedied?