Singapore Journal of Legal Studies NUS
   
 
SEARCH  ARCHIVE
Browse/Advanced Search
 
Archive
Search All [Advanced]
Exact Phrase    All Words    Any Word
Search Title [Basic]
Search Author
Search Abstract
Search Publication Date
Return    records per page   
2321 records match your query:

431.  DECEMBER 2006 Issue
p.479

Nuisance Value-Rylands v. Fletcher Escapes Oblivion in Singapore
Fordham, Margaret  •  [2006] Sing JLS 479 (Dec)

432.  DECEMBER 2006 Issue
p.488

Causation and Account of Profits for Breach of Fiduciary Duty
Lee, Rebecca  •  [2006] Sing JLS 488 (Dec)

433.  DECEMBER 2006 Issue
p.505

Avoidance Law in Judicial Management
Wee, Meng Seng  •  [2006] Sing JLS 505 (Dec)

434.  DECEMBER 2006 Issue
p.522

Book Review: Insurance Law-Cases and Materials by John Lowry and Philip Rawlings
Lee, Kiat Seng  •  [2006] Sing JLS 522 (Dec)

435.  DECEMBER 2006 Issue
p.524

Book Review: Islam, Knowledge and Other Affairs by Mahathir Mohamed
Tey, Hsun Hang  •  [2006] Sing JLS 524 (Dec)

436.  DECEMBER 2006 Issue
p.524

Book Review: Transition Politics in Southeast Asia: Dynamics of Leadership, Change and Succession in Indonesia and Malaysia by Yang Razali Kassim
Tey, Hsun Hang  •  [2006] Sing JLS 524 (Dec)

437.  DECEMBER 2006 Issue
p.524

Book Review: Era of Transition: Malaysia after Mahathir by Ooi Kee Beng
Tey, Hsun Hang  •  [2006] Sing JLS 524 (Dec)

438.  JULY 2006 Issue
p.1

Of Precedent, Theory and Practice - The Case for a Return to Anns
Phang, Andrew, Saw, Cheng Lim, ad Chan, Gary  •  [2006] Sing JLS 1 (Jul)
The English position with respect to duty of care in the context of recovery for pure economic loss is clear and is firmly set against recovery, as stated in the leading decision of the House of Lords in Murphy v. Brentwood District Council. The decisions of the House have long had an important-even decisive-impact on the common law landscape across the Commonwealth. However, this is one of the rare situations where there have been departures in the Commonwealth from the established English position. These departures have, nevertheless, been by no means uniform.Yet, one common theme that unifies these approaches is the commitment to the former English position as embodied in the propositions laid down by LordWilberforce in the House of Lords decision in Anns v. Merton London Borough Council. The Anns approach has, however, been rejected in England. This paper therefore seeks to demonstrate that the propositions laid down by Lord Wilberforce in Anns were entirely correct and workable and that all the subsequent formulations (in the main, those emanating from the House of Lords) effectively-and simply-restate the Anns formulation.
[Full Text]

439.  JULY 2006 Issue
p.60

Regulating Supreme Court Recusals
Olowofoyeku, Abimbola A  •  [2006] Sing JLS 60 (Jul)
This article presents a critical analysis of the approach of the U.S. Supreme Court to recusal motions aimed at one of the Justices of the Court. The catalyst was the controversy arising from the weekend duck-hunting trip of U.S.Vice-President Richard Cheney and Supreme Court Justice Antonin Scalia, after which Justice Scalia denied a motion to recuse himself from a pending case in which his hunting partner, Mr Cheney, was a party. This startling decision is final and conclusive since the Supreme Court refuses to intervene in such decisions. Such an approach by the Court is untenable and contrasts starkly with that of the House of Lords, which did not shrink from disqualifying Lord Hoffmann on grounds of bias in the Pinochet case. A comparative study of comparable common law jurisdictions exposes the U.S. Supreme Court as an island of isolation over this issue. It also provides accessible solutions that are disarming in their simplicity. The particular responses that are commended in this article are formalized self-regulation and substitution.
[Full Text]

440.  JULY 2006 Issue
p.86

Causation and Breach of Fiduciary Duty
Vann, Vicky  •  [2006] Sing JLS 86 (Jul)
Two recent English decisions have highlighted the issue of causation in the context of breach of fiduciary duty. In both cases, the defendant implicitly argued that whether the profits or conflicts rule is breached, the causation standard is the same. This article suggests that the causation standards applicable for the profits and conflicts rules are different. When equitable compensation is sought for loss due to breach of the conflicts rule, there must be a causal connection between the conflict and the loss. But there is no special causation standard applicable when an account of profits is sought following a breach of the profits rule. Any unauthorised profit made within the scope of the relationship attracting fiduciary duties must be accounted for. These standards are appropriate in the context of the rules breached, because they best achieve approximation of loyal performance of the duties owed.

1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 | 31 | 32 | 33 | 34 | 35 | 36 | 37 | 38 | 39 | 40 | 41 | 42 | 43 | 44 | 45 | 46 | 47 | 48 | 49 | 50 | 51 | 52 | 53 | 54 | 55 | 56 | 57 | 58 | 59 | 60 | 61 | 62 | 63 | 64 | 65 | 66 | 67 | 68 | 69 | 70 | 71 | 72 | 73 | 74 | 75 | 76 | 77 | 78 | 79 | 80 | 81 | 82 | 83 | 84 | 85 | 86 | 87 | 88 | 89 | 90 | 91 | 92 | 93 | 94 | 95 | 96 | 97 | 98 | 99 | 100 | 101 | 102 | 103 | 104 | 105 | 106 | 107 | 108 | 109 | 110 | 111 | 112 | 113 | 114 | 115 | 116 | 117 | 118 | 119 | 120 | 121 | 122 | 123 | 124 | 125 | 126 | 127 | 128 | 129 | 130 | 131 | 132 | 133 | 134 | 135 | 136 | 137 | 138 | 139 | 140 | 141 | 142 | 143 | 144 | 145 | 146 | 147 | 148 | 149 | 150 | 151 | 152 | 153 | 154 | 155 | 156 | 157 | 158 | 159 | 160 | 161 | 162 | 163 | 164 | 165 | 166 | 167 | 168 | 169 | 170 | 171 | 172 | 173 | 174 | 175 | 176 | 177 | 178 | 179 | 180 | 181 | 182 | 183 | 184 | 185 | 186 | 187 | 188 | 189 | 190 | 191 | 192 | 193 | 194 | 195 | 196 | 197 | 198 | 199 | 200 | 201 | 202 | 203 | 204 | 205 | 206 | 207 | 208 | 209 | 210 | 211 | 212 | 213 | 214 | 215 | 216 | 217 | 218 | 219 | 220 | 221 | 222 | 223 | 224 | 225 | 226 | 227 | 228 | 229 | 230 | 231 | 232 | 233