SMU Lexicon: The validity of “No Oral Modification” clauses and the UKSC decision in Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24

Reading Time: 10 minutes      I. Introduction The recent UK Supreme Court’s (“UKSC”) decision in Rock Advertising Limited v MWB Business Exchange Centres Limited was highly anticipated. Modern litigation rarely raises new fundamental issues in the law of contract; this case, however, dealt with two.[1] Moreover, the preceding Court of Appeal (“COA”) judgement had left the law relating […]

SMU Lexicon: Case Commentary of Ochroid Trading v Chua Siok Lui

Reading Time: 14 minutesIntroduction Where a contract is illegal, the contract is void and the courts will not enforce the contract.[1] Despite the simplicity of the foregoing logic, the concept of illegality in contract law – often used as a defence mechanism in lawsuits – has long vexed students and practitioners alike. As Lady Justice Gloster in Patel v […]

SMU Lexicon: The Impact of TFL Management v Lloyds Bank and Relfo v Varsanion Requirements of Enrichment and “At the Claimant’s Expense”

Reading Time: 20 minutesI. Introduction Under the seminal House of Lords decision of Banque Financiere de la Cite v Parc (Battersea), a claimant can make a claim in unjust enrichment if the following elements are shown:[1] The defendant has been enriched; The enrichment was at the claimant’s expense; The enrichment was unjust; and There are no defences. The […]

Does removing an insolvent party from a joint venture infringe the anti-deprivation rule?

Reading Time: 5 minutesIntroduction The Court of First Instance analysed whether a clause within a joint venture agreement between a company in liquidation and an interested party should be void for being classified as “disposition” under section 182 of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap 32). Build King Construction Ltd (“BK”) formed a joint venture […]

SMU Lexicon: Negotiating Damages for Breach of Contract: Morris-Garner v One-Step (Support) Ltd [2018] UKSC 20

Reading Time: 16 minutesIntroduction At the quantification stage in breach-of-contract claims, claimants must sometimes think out of the box. Where no loss has been suffered or loss is hard to prove, one solution is to argue for “negotiating damages”, or damages for breach of contract assessed by reference to the sum a claimant could hypothetically have received in […]

The importance of the use of languages in determining the intended coverage of arbitration clause

Reading Time: 8 minutesIntroduction It is not uncommon that parties to a commercial agreement include an arbitration clause to govern the way in which dispute is settled. In Giorgio Armani SpA v Elan Clothes Co Ltd [2019] HKCFI 530, in deciding an application by the plaintiff seeking the continuation of an anti-suit injunction against the defendant from taking any further […]

Vietnam: Work Permit – The Key Point in Resolving Labour Disputes with Foreign Employees

Reading Time: 9 minutesOne of the requirements for foreigners to work in Vietnam is to be granted a work permit by the competent Vietnamese authorities (Article 169.1.(d) of the 2012 Labor Code).  However, due to the practical, day-to-day demands of business, many companies do not comply with this regulation and often sign labor contracts with foreign employees without […]

5 Times when the Non-Compete Clauses in your Employment Contract Probably Aren’t Enforceable

Reading Time: 3 minutesNon-compete clauses are quite common in employment contracts for certain industries in Singapore. They typically seek to restrict an employee’s right to engage in a similar occupation with a competitor for a period of time after the termination of the employment contract. However, what many employers who include such clauses are not aware of is […]

SMU Lexicon: The Protection of Contractual Interest – A Comparison between Singapore and Taiwan

Reading Time: 9 minutesIntroduction This paper will compare the contract laws of Singapore and Taiwan in the following areas: the extent to which contractual performance interest is protected; and how remedies of breach of contract are justified and awarded. Sources of contract law in Singapore and Taiwan  Singapore as a former British colony The law of contract in […]

NDA_asia law network
What do you need to know about Non-Disclosure Agreements (NDAs) in Singapore?

Reading Time: 6 minutesIt’s not rare to keep valuable, or even potentially embarrassing information under wraps. In fact, it should be the norm. In early 2017, as the South Korean technology company, Samsung, began to roll-out its new Samsung Galaxy S7 Edge, local online media outlet, Mothership, reported that a Singaporean man was asked to sign a Non-Disclosure Agreement […]

5 Legal Tips for Your Esports Team Business

Reading Time: 6 minutesAre you looking to start an esports team? In this final article of a two part series on eports and law by video games and entertainment lawyer, Adrian Kwong, we look at things from the perspective of someone on the business side, such as a team owner or manager. In the first article, I touched […]

employment_asialawnetwork
When can a company or employer be responsible for an employee’s misdeeds?

Reading Time: 4 minutesIn most cases, a company is more powerful than its employee. As Uncle Ben in the movie Spider-Man said, “With great power comes great responsibility”. In situations where an employee makes a mistake that injures a third party, the employer (i.e. the company) could be held responsible even it did not know of the employee’s […]