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|91. ||SEPTEMBER 2018 Issue|
|Case and Legislation Notes: Premature Service of Payment Claims Under the Building and Construction Industry Security of Payment Act&#151;Audi Construction Pte Ltd v Kian Hiap Construction Pte Ltd|
Benjamin Joshua Ong  Sing JLS 128 (Sep)
In Audi Construction Pte Ltd v Kian Hiap Construction Pte Ltd , the Singapore Court of Appeal considered a payment claim to have been validly served although it was served earlier than the contractually stipulated date. This was because the service of the payment claim was "effective" only from the contractually stipulated date, and the claimant had had a "good reason" to serve the payment claim early. This note critically examines the reasoning in Audi vis-&#224;-vis the existing law, the principle of freedom of contract, and the intentions of the parties in that case. In the absence of future judicial elaboration on the "effective service" and "good reason" doctrines, there is a risk that, in future, respondents may draw on these doctrines to delay or frustrate the attempts of claimants to recover payments rightly due to them. Moreover, given that the Court had found that the doctrine of estoppel would have operated in favour of the Claimant anyway, the creation of the "effective service" and "good reason" principles was not necessary.
|92. ||SEPTEMBER 2018 Issue|
|Case and Legislation Notes: Taking Caution at Pedestrian Crossings: Pedestrians Beware&#151;Asnah bte Ab Rahman v Li Jianlin|
Wong Wen Jian  Sing JLS 140 (Sep)
Asnah bte Ab Rahman v Li Jianlin is a landmark 2016 Court of Appeal decision concerning the defence of contributory negligence in Singapore, especially where it concerns personal injury claims arising from motor accidents involving pedestrians. Aside from the rare dissenting judgment, the majority's judgment is controversial for its decision that a pedestrian, who made use of a signalised crossing with the signal in his favour, was contributorily negligent because he failed to check for vehicular traffic again at the centre-divider. The majority's judgment may be relied on by motorists and their insurers in cases far beyond the factual context in which it was made, with potentially unfair consequences. Indeed, its reasoning can be readily extended to other types of personal injury claims. Although decided in 2016, Asnah warrants a detailed analysis that considers its potential implications, given its significance.
|93. ||SEPTEMBER 2018 Issue|
|Book Reviews: International Perspectives on the Regulation of Lawyers and Legal Services by Andrew Boon, ed|
Gary Chan Kok Yew  Sing JLS 152 (Sep)
In this collection of essays, Andrew Boon has brought together a team of experts on the legal profession from nine jurisdictions (the United States ("US"), Canada, Singapore, Eire, New Zealand, Israel, Australia, Germany, and England and Wales). Boon begins the introductory chapter by signposting the different regulatory models and spheres affecting legal professions. This is followed by substantive chapters on the regulation of the legal profession in each jurisdiction. Boon aptly concludes the volume with the final chapter on the common drivers and themes underlying the developments of the legal profession in those jurisdictions. This book will appeal to law academics, legal practitioners and policy-makers interested in the legal profession and comparative law.
|94. ||SEPTEMBER 2018 Issue|
|Book Reviews: The Law of Agency (Second Edition) by Tan Cheng Han|
GE Dal Pont  Sing JLS 155 (Sep)
Professor Tan's monograph The Law of Agency , first published in 2010, forms part of Academy Publishing's 'Law Practice Series' which aims to publish seminal works on key subject areas in legal practice. It is encouraging, to this end, to see the law of agency take its rightful position in this cast, rather than simply being relegated to a sub-set of contract law (where it not infrequently resides in law school syllabi). There is much more, after all, to the law of agency than its common (but not invariable) contractual foundation; agency inhabits, and interacts with, other core areas within the modern law of obligations, including those sourced from tort, property and equity.
|95. ||SEPTEMBER 2018 Issue|
|Book Reviews: Independent Directors in Asia: A Historical, Contextual and Comparative Approach by Dan W Puchniak, Harald Baum and Luke Nottage, eds|
Pearlie Koh  Sing JLS 157 (Sep)
The concept of "legal transplants" and the role it played in the development of law gave rise to much, and at times polarised, debate amongst comparative lawyers. Nevertheless, there is no denying that such borrowing of legal rules does contribute to legal reform&#151;the question is the extent of the transplant and the form it takes. In the area of corporate law alone, there is much evidence of such "transplantation" resulting in significant commonality in the governance of companies across jurisdictions. Indeed, comparative studies in corporate law are often informed by the underlying uniformity of the corporate form, and the laws that govern it. As Armour et al observed in their essay "What is Corporate Law?" in The Anatomy of Corporate Law: A Comparative and Functional Approach 3d ed (NewYork: Oxford University Press, 2017) 1 at p 1, "[b]usiness corporations have a fundamentally similar set of legal characteristics&#151;and face a fundamentally similar set of legal problems&#151;in all jurisdictions". Legal transplants run the gamut from the adoption of entire Acts to the borrowing of particular concepts. The independent director is an instance of the latter form of transplant. This particular concept has been so widely adopted that the presence of independent directors is de rigueur on corporate boards from Europe to Asia. Nevertheless, legal transplants may not always operate as expected in the country of reception. A number of jurisdiction-specific factors, including social, political and cultural, may influence the "success" of the transplant. Kahn-Freund astutely observed that the "problem of transplantation" (Otto Kahn-Freund, "On Uses and Misuses of Comparative Law" (1974) 37 Mod L Rev 1 at p 5) lay with "the inappropriateness of assuming that a legal norm or structure which had been seen to work well in one jurisdiction could be successfully introduced into another" (see Mark Freedland, "Otto Kahn-Freund (1900-1979)" in Jack Beatson & Reinhard Zimmermann, eds, Jurists Uprooted: German Speaking &#201;migr&#233; Lawyers in Twentieth-Century Britain (New York: Oxford University Press, 2004) 299 at p 311, cited in John W Cairns, "Watson, Walton, and the History of Legal Transplants" (2013) 41 Ga J Intl & Comp L 637 at p 687). Local context matters. This is the broad point so eloquently made in this book, which is edited by scholars whose own research backgrounds equip them with the insight to undertake a project of this nature. Asia is diversity itself. A project that attempts to look at a seemingly common concept in corporate governance, the independent director, must necessarily be prepared to embrace the inconvenience of difference and hence the challenge of weaving a coherent whole. The editors have managed this admirably by adopting a thoughtful structure.
|96. ||SEPTEMBER 2018 Issue|
|Book Reviews: Geographical Indications at the Crossroads of Trade, Development, and Culture: Focus on Asia-Pacific by Irene Calboli and Wee Loon Ng-Loy, eds|
Althaf Marsoof  Sing JLS 161 (Sep)
The protection of Geographical Indications ("Gis") has been a subject of immense controversy. The provisions in the Agreement on the Trade Related aspects of Intellectual Property Rights ("TRIPS") dealing with Gis, which were negotiated during the Uruguay Round of multilateral trade negotiations that gave birth to the World Trade Organization ("WTO"), represent a sensitive compromise - a compromise between WTO member states that believe in different standards of protection and different means by which such protection may be granted. Despite the compromise, the debate on the protection of Gis continues to not only expand the existing North-South divide, but also create new divisions within the developed world. It is also notable that the topic has acquired a renewed interest and flavour. While we are seeing Gis being hotly debated within the WTO framework in its Doha Round of trade negotiations, the World Intellectual Property Organization ("WIPO") has recently extended the protection afforded to appellations of origin under the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration , 31 October 1958, 923 UNTS 205 (entered in force 25 September 1966) [Lisbon Agreement] to Gis with important modifications that truly seeks to establish an 'international register' for Gis. Furthermore, we are also witnessing a trend in provisions on Gis being included in bilateral and plurilateral trade agreements between major economies such as the United States of America ("USA") and the European Union ("EU") on the one hand and developing nations on the other, which has the indirect effect of establishing the internationally dominant approach for the protection of Gis.
|97. ||SEPTEMBER 2018 Issue|
|Book Reviews: Citizenship and the Pursuit of the Worthy Life by David Thunder|
Tan Seow Hon  Sing JLS 164 (Sep)
What is the relationship between being a good citizen in a constitutional democracy and being a good person? By playing our parts as citizens, are we actualising our potential to live worthy lives, or are we risking moral purity? Citizens, even in liberal democracies, might find their integrity threatened by their civic duties, for example, to pay taxes and to vote in political elections, if they do not agree with the choices of the polity. Because of moral dilemmas in the event of conflict between one's moral views and the requirements of citizenship, it seems easier to compartmentalise citizenship within one's general moral life such that different moral principles are taken as applicable in one's role as a citizen. One might even regard citizenship as a moral hazard, and consequently, as far as possible, disengage from political life.
|98. ||SEPTEMBER 2018 Issue|
|Book Reviews: Data Protection Law in Singapore: Privacy and Sovereignty in an Interconnected World (Second Edition) by Simon Chesterman, ed|
Benjamin Wong Yongquan  Sing JLS 167 (Sep)
The second edition of Data Protection Law in Singapore, edited by Professor Simon Chesterman, is a much-anticipated update to the authoritative text on data protection law in Singapore. This second edition builds on the strengths of the first, combining a focus on practical issues with theoretical and comparative analyses. The book offers a broad spectrum of perspectives by bringing together a wide range of authors including law academics, data protection regulators and legal practitioners.
|99. ||SEPTEMBER 2018 Issue|
|Book Reviews: Equity, Trusts and Commerce by Paul S Davies and James Penner, eds|
Yip Man  Sing JLS 170 (Sep)
Equity, Trusts and Commerce is a collection of 14 essays that were first presented at a conference of the same name held at the National University of Singapore, Faculty of Law in April 2016. All 14 contributors are leading experts. All 14 papers are focused on the interplay and interaction of equitable doctrines with commerce. This is undoubtedly a very timely and important contribution to the debates on modern equity. Recent cases from the highest courts of various common law jurisdictions demonstrate a clear need for judges, practitioners and academics to directly grapple with the influence of the commercial context on the development of equitable principles and doctrines. Locally, in Singapore where this pre-eminent conference was held, the establishment of the Singapore International Commercial Court could hasten the maturing of the discourse on the interaction between equity and commercial law.
|100. ||SEPTEMBER 2017 Issue|
|The Fall and Rise of Legal Education in Singapore|
Simon Chesterman  Sing JLS 201 (Sep)
Prior to independence, legal education was all but non-existent in Singapore and many other colonies. This essay briefly discusses that colonial context before going on to describe how the National University of Singapore Faculty of Law came to play an important part in Singapore's rule of law story as Singapore's national law school, a global law school, and an Asian law school. A third section considers challenges for the future, including the impact of technology on legal practice and the changing market for legal services. These transformations require us to rethink the purpose of law school, even as they are matched by changes in the students and faculty who enter our classrooms and our offices.