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Mercantile Law Amendment Act 1856

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Enacted
1856
Sections
3
Cited in
5 decisions

Mercantile Law Amendment Act 1856 is Singapore Act, cited as Act MLAA 1856, currently marked in force and first recorded in 1856.

Cited in court decisions

5

Court decisions that cite this act, detected automatically from judgment text and linked to the judgment we hold.

  • Referred to[2026] SGHCR 30Case

    “For completeness, I briefly address the significance of s 2 of the Mercantile Law Amendment Act 1856 (2020 Rev Ed) (“MLAA”) because it was mentioned in passing in the concluding paragraphs of Da Hui’s written submissions as an alternative or additional basis upon which Da Hui could have acquired rig”

  • Referred to[2024] SGHC 166Case

    “or; Restitution — Subrogation — Securities in the form of ship mortgages granted to lender — Subrogation to extinguished securities in equity — Subrogation to extinguished securities under s 2 of the Mercantile Law Amendment Act 1856; Insolvency Law — Administration of insolvent estates — Conduct of legal proceedings”

  • Referred to[2025] SGCA 30Case

    “rogated to any securities held by the creditor in order to obtain payment of any amount paid in excess of their share of the liability; and second, Da Hui was entitled to subrogation under s 2 of the Mercantile Law Amendment Act 1856 (2020 Rev Ed) (“MLAA”).”

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  • Referred to[2025] SGHC 183Case

    “Da Hui claimed in the Admiralty Actions that it “is entitled, by the principles of equity and pursuant to Section 2 of the Mercantile Law Amendment Act 1856, to be subrogated to the rights and remedies held by BofA”. However, the High Court in Da Hui (HC) had held that there was no such entitlement.”

  • Referred to[2026] SGHC 75Case

    “d Dissolution Act 2018 — Whether the order provided security to admiralty in rem claimants; Restitution — Unjust enrichment — Contribution from co-debtor; Restitution — Subrogation — Section 2 of the Mercantile Law Amendment Act 1856; Insolvency Law — Administration of insolvent estates — Conduct of legal proceedings —”

Section 1

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Written guarantee not to be invalid by reason that consideration does not appear in writing

No special promise to be made by any person to answer for the debt, default, or miscarriage of another person, being in writing, and signed by the party to be charged therewith, or some other person by him thereunto lawfully authorised, shall be deemed invalid to support an action, suit, or other proceeding to charge the person by whom such promise shall have been made, by reason only that the consideration for such promise does not appear in writing, or by necessary inference from a written document.

Section 2

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Surety who discharges liability to be entitled to assignment of all securities held by creditor, and to stand in place of creditor

Every person who, being surety for the debt or duty of another, or being liable with another for any debt or duty, shall pay such debt or perform such duty, shall be entitled to have assigned to him, or to a trustee for him, every judgment, specialty, or other security which shall be held by the creditor in respect of such debt or duty, whether such judgment, specialty, or other security shall or shall not be deemed at law to have been satisfied by the payment of the debt or performance of the duty, and such person shall be entitled to stand in the place of the creditor, and to use all the remedies, and, if need be, and upon a proper indemnity, to use the name of the creditor, in any action or other proceeding, at law or in equity, in order to obtain from the principal debtor, or any co‑surety, co‑contractor, or co‑debtor, as the case may be, indemnification for the advances made and loss sustained by the person who shall have so paid such debt or performed such duty, and such payment or performance so made by such surety shall not be pleadable in bar of any such action or other proceeding by him:Provided that no co-surety, co‑contractor, or co‑debtor shall be entitled to recover from any other co‑surety, co‑contractor, or co‑debtor, by the means aforesaid, more than the just proportion to which, as between those parties themselves, such last‑mentioned person shall be justly liable.

Common questions

What is Mercantile Law Amendment Act 1856?
Mercantile Law Amendment Act 1856 is Singapore Act, cited as Act MLAA 1856, currently marked in force and first recorded in 1856.
Is Mercantile Law Amendment Act 1856 still in force?
Yes — Mercantile Law Amendment Act 1856 is currently in force.
When did Mercantile Law Amendment Act 1856 take effect?
Mercantile Law Amendment Act 1856 was first recorded in 1856.
How many sections does Mercantile Law Amendment Act 1856 have?
Mercantile Law Amendment Act 1856 contains 3 sections.
Where can I read the official version of Mercantile Law Amendment Act 1856?
The official text of Mercantile Law Amendment Act 1856 is published at sso.agc.gov.sg.

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