188. Evasion through choice of law clause to be void

the application of that law has the effect of excluding or restricting the operation of any permitted use; and

either —

the term is imposed wholly or mainly for the purpose of evading the operation of any permitted use; or

in the making of the contract one of the parties dealt as consumer, and he or she was then a Singapore resident, and the essential steps for the making of the contract were taken in Singapore (whether by him or her or by others on his or her behalf).

the interpretation of section 27(2)(b) of the Unfair Contract Terms Act 1977 must be considered; and

if a person claims that a party does not deal as a consumer, the burden is on the person to prove this.