|971. ||DECEMBER 1991 Issue|
|Book Review: The Law Relating to Receivers, Managers and Administrators by H. Picarda|
Tan, Terence  Sing JLS 636 (Dec)
|972. ||DECEMBER 1991 Issue|
|Book Review: Purchase and Sale of a Private Company's Shares by David Adams, Tony Foreman and Michael Taub|
Lee, Beng Tat  Sing JLS 638 (Dec)
|973. ||JULY 1991 Issue|
|Reflections on Letters of Comfort|
Ellinger, E.P.  Sing JLS 1 (Jul)
Does a letter of comfort constitute a promise enforceable against its issuer or is its effect confined to the creation of a moral rather than a legal obligation? This question arises in modern trade mainly because businessmen frequently fail to reach a consensus in their bargains about the nature of the letter of comfort to be issued as collateral. The object of this article is to compare the answers given to the question in English and Australian cases with the solution provided in civil law countries.
|974. ||JULY 1991 Issue|
|The High Court's Inherent Power to Grant Declarations of Marital Status|
Leong, Wai Kum  Sing JLS 13 (Jul)
This article asks whether the High Court can grant bare declarations of marital status. English courts had been wavering and the UK Parliament recently enacted express powers. The author argues that Singapore courts should not be hesitant. They originally possessed inherent power to grant such declarations and this was never relinquished.
|975. ||JULY 1991 Issue|
|Security in Project Finance for the Petroleum Industry of the People's Republic of China|
Ho, Siew Min  Sing JLS 55 (Jul)
This article considers the conflict of laws rules determining the applicable law in the transferring of proprietary interests in assets situated in the People's Republic of China when the governing law of the loan contract is New York/English/Hong Kong law. It also discusses the emerging mortgage law of the PRC in the context of its application to petroleum project financing.
|976. ||JULY 1991 Issue|
|Unconscionability and Personal Liability in Equity|
Tjio, Hans  Sing JLS 76 (Jul)
The article deals with the area of constructive trusts which does not involve equitable interests commonly associated with the institution of trustee-beneficiary. It is suggested that the term constructive trusteeship, which is sometimes used to describe this area of the law, is a misnomer, and that the concern is with no more than a personal liability in equity. The view taken, in the light of recent cases, is that such liability only arises where there has been some form of unconscionability on the part of the wrongdoer. Liability is not strict nor does constructive notice suffice.
|977. ||JULY 1991 Issue|
|Stay of Action Based on Exclusive Jurisdiction Clauses under English and Singapore Law (Part 1)|
Toh, Kian Sing  Sing JLS 103 (Jul)
The article examines the problems arising from the current approach relating to the stay of proceedings commenced in breach of exclusive jurisdiction arrangements. Both Singapore and English cases are referred to. A new approach is proposed in response to these problems.
|978. ||JULY 1991 Issue|
|The Company in the Garden of Eden: Natural Justice and the Company|
Lee, Beng Tat  Sing JLS 126 (Jul)
This article examines and evaluates the applicability of the principles of natural justice to companies incorporated in Singapore in the light of a recent Singapore High Court decision. The legal reasoning leading to the decision is also critically analysed. The article further discusses some of the legal and practical implications of the decision.
|979. ||JULY 1991 Issue|
|Use of Advanced Technology: Ethical Issues|
Singh, Amarjit  Sing JLS 144 (Jul)
Modern technology may be used to do goodbut it can also do harm. Biotechnology perhaps poses the greatest challenge to ethical decision-making as it touches everyone's lives especially in the areas of artificial reproductive technology, gene technology and organ transplantation and erodes traditional ethical conceptions. This overview addresses itself to some of the challenges to ethical decision-making in these and other areas.
|980. ||JULY 1991 Issue|
|Waiver of Legal Professional Privilege|
Tan, Yock Lin  Sing JLS 158 (Jul)
This note argues that there is merit in having some notion of implies waiver of legal profession priviledge in terms of promoting fairness of trial and the interest of the administration of justice. Since the Evidence Act rules out the possibility of implied waiver, the desirable objectives of fairness of trial and finality of litigation may have to be achieved by recognising that an advocate has astensible authority to waive the priviledge (although express consent to waiver may be lacking)