2321 records match your query:
|521. ||DECEMBER 2003 Issue|
|Writing and Signature in the Constitution and Proof of Contracts|
Tan, Yock Lin  Sing JLS 333 (Dec)
The main aim of this article is to show that proof of pre-constituted contracts has been obscured by the parol evidence rule and the signature rule. After a brief demonstration that the parol evidence is primarily a rule of substantive law, rather than a rule of evidence, and, as such, must be rejected as the basis of the signature rule, it is argued that of three other possible bases, a theory of procedural fairness best explains the rule, leading to a narrower scope than hitherto supposed. The relationship between the signature rule and the Interfoto rule is next considered and the decision in PATEC, which has preferred the signature role to the Interfoto rule where they clash, is closely examined. The argument here is that although the Interfoto rule is complicated by provisions of the Unfair Contract Terms Act, both rules can be reconciled if the signature rule is kept as narrow as possible to reflect its concern with procedure fairness. The other aim- to show that proof of recorded contracts has been hampered by inappropriate notions of hearsay- is accomplished by a detailed study of section 32(b) of the Evidence Act and it is argued that the desirable solution provided by PATEC to the problem of records of a composite nature is a little oversimplified.
|522. ||DECEMBER 2003 Issue|
|The Law and the Elderly in Singapore - The Law on Income and Maintenance for the Elderly|
Hsu, Locknie  Sing JLS 398 (Dec)
To add life to the years that have been added to life. By 2030, Singapore's elderly will make up a staggering 19% of the population. With such a large proportion of people becoming old, it is timely to pay some attention to the broad spectrum of legal issues surrounding elders. Several sociological and statistical studies have been done on the elderly Singapore, yet relatively little has been written on the law relating to them. Much of the present legislation which directly or indirectly addresses the problems of the elderly in Singapore relate to their financial arrangements. Examples of these are provisions relating to withdrawal of Central Provident Fund ("CPF") monies and the age of retirement This article explores selected issues relating to financial support of Singapore's elderly, and highlights some areas in which the law does and can further play an effective role to safeguard their interest. Other equally important issues on housing, succession, divorce, capacity, elder abuse and crimes that impact the elderly are left for discussion elsewhere.
|523. ||DECEMBER 2003 Issue|
|Time Restriction on Divorce in Singapore|
Ong, Debbie S. L.  Sing JLS 418 (Dec)
In Singapore, no petition for divorce is permitted in the first three years of marriage unless leave of court is given on the basis that the case is one of exceptional hardship suffered by the petitioner or of exceptional depravity on the part of the respondent. This article examines the purpose of the three-year restriction on divorce and whether its retention in Singapore continues to promote the best interests of family members affected. It suggests that a shorter period of restriction, without exceptions, be adopted. A brief survey of the marriage relationship and the recent patterns of divorce in Singapore is also made here.
|524. ||DECEMBER 2003 Issue|
|False Imprisonment and Prisoners: A Question of Justice or Law?|
Fordham, Margaret  Sing JLS 444 (Dec)
In recent years, the English courts have reached seemingly contradictory decisions with respect to the rights of convicted prisoners to sue for false imprisonment when they are detained beyond their proper release date. This article examines those decisions- focusing, in particular, on the most recent case in this area- and concludes that, as the law currently stands, the rules governing this aspect of tort law are both arbitrary and unfair. The article also considers the likelihood or otherwise of actions by similarly aggrieved prisoners succeeding in Singapore.
|525. ||DECEMBER 2003 Issue|
|The Post-September 11 Fallout in Singapore and Malaysia: Prospects for an Accommodative Liberalism|
Ramraj, Victor V.  Sing JLS 459 (Dec)
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.
|526. ||DECEMBER 2003 Issue|
|Internet Defamation and Choice of Law in Dow Jones & Company v. Gutnick|
Chan, Gary Kok Yew  Sing JLS 483 (Dec)
This article focuses on choice of law in the context of Internet defamation with reference to a recent Australian High Court decision, Dow Jones v. Gutnick. The case raised a myriad of issues ranging from comparative defamation laws (and values systems) of the United States versus Australia, the meaning of "publication" and the need for Internet-specific legal reforms. These issues interact with and have an impact upon the choice of law problem. This article discusses the various alternatives for resolving the choice of law problem. It concludes by tentatively recommending some choice of law rules in the context of Internet defamation.
|527. ||DECEMBER 2003 Issue|
|Is There a Defence of Public Interest in the Law of Copyright in Singapore?|
Saw, Cheng Lim  Sing JLS 519 (Dec)
This article essentially examines the question as to whether there is any basis, in principle, for the existence and application of an extra-statutory defence based on the general public interest in the law of copyright in Singapore. The article begins by tracing the history of the defence of public interest that is sometimes raised by defendants in actions for copyright infringement in England. It looks at how the defence at common law- and whether correctly or not- found its way into the U.K. Copyright, Design and Patents Act 1988 and examines the interpretation accorded to it by the English courts. Adopting a comparative approach, the article then examines the issue from the Australian perspective and concludes by asking how Singapore should approach the question of public interest in our domestic law of copyright.
|528. ||DECEMBER 2003 Issue|
|Revisiting ex parte James|
Chan, Tracey Evans  Sing JLS 557 (Dec)
There has been much judicial and academic debate over the proper scope of and rationale underlying the principle in ex parte James, and in particular its conferral of de facto insolvency priority on the successful claimant. This article attempts to review the principle's operation in the context of the function and principles of insolvency law, determine the actual role that it plays in dealing with post-insolvency claims and accordingly identify the justifications that can be offered for this role. It argues that the principle is better seen as an application of the liquidation expenses principle or the fair treatment of certain post-insolvency claims.
|529. ||DECEMBER 2003 Issue|
|Making No Custody Order: Re G (Guardianship of an infant)|
Ong, Debbie S. L.  Sing JLS 583 (Dec)
|530. ||DECEMBER 2003 Issue|
|Non-Exclusive Jurisdiction Clauses-Changing Approaches? Asia-Pacific Ventures II Limited v. P.T. Intimutiara Gasindo; Bayerische Landesbank Girozentrale v. Kong Kok Keong|
Lee, Joel  Sing JLS 593 (Dec)