Singapore legislation
Clause 5
Clause 5
Party autonomy
(1)
Nothing in Part II shall affect any rule of law or obligation requiring the agreement or consent of the parties as to the form of a communication or record, and (unless otherwise agreed or provided by a rule of law) such agreement or consent may be inferred from the conduct of the parties.
(2)
Nothing in Part II shall prevent the parties to a contract or transaction from —
excluding the use of electronic records, electronic communications or electronic signatures in the contract or transaction by agreement; or
imposing additional requirements as to the form or authentication of the contract or transaction by agreement.
(3)
Subject to any other rights or obligations of the parties to a contract or transaction, the parties may, by agreement —
exclude section 6, 11, 12, 13, 14, 15 or 16 from applying to the contract or transaction; or
derogate from or vary the effect of all or any of those provisions in respect of the contract or transaction.