Skip to content
laws.sg

Singapore · Practice area

Contract

Formation, breach, remedies, and construction of contracts.

589 decisions

Principal legislation

Contract decisions

Result 124

[2024] SGHC 179

Foreland Singapore Pte Ltd and another v IG Asia Pte Ltd

General Division of the High Court11 July 2024

Banking — Statement of account — Verification clauses — Whether verification clause binding on issuer; Contract — Contractual terms — Force majeure clause; Contract — Contractual terms — Rules of construction — Whether force majeure event rendered compliance “impossible or impracticable”; Contract — Contractual terms — Sections 3 and 11 Unfair Contract Terms Act 1977 (2020 Rev Ed) — Whether test of reasonableness applies to contractual terms; Contract — Remedies — Damages — Causation — Whether loss caused by breach

Result 127

[2024] SGHC 145

Banque de Commerce et de Placements SA, DIFC Branch and another v China Aviation Oil (Singapore) Corp Ltd (Shandong Energy International (Singapore) Pte Ltd, third party; Golden Base Energy Pte Ltd, fourth party

General Division of the High Court5 June 2024

Banking — Branch bank — Whether representative office was branch bank — Whether plaintiff had standing to sue; Bills of Exchange and Other Negotiable Instruments — Letter of credit transaction — Whether fraud exception established — Whether representation made in document presented to confirming bank was false — Whether beneficiary made representation without belief in its truth; Bills of Exchange and Other Negotiable Instruments — Letter of credit transaction — Whether issuing bank having cause of action in negligent misrepresentation against beneficiary for misrepresentation made in document presented to issuing bank; Contract — Contractual terms — Rules of construction — Representations and warranties — Whether representation and warranty construed literally or purposively — Whether representation and warranty contain “element of futurity”; Contract — Formation — Whether beneficiary presenting documents to confirming bank enters into contract with issuing bank or confirming bank; Contract — Illegality and public policy — Whether contract was sham or fraudulent; Contract — Remedies — Mitigation of damage — Whether failure to sue third party in addition to defendant for the same loss constitutes failure to mitigate; Credit and Security — Guarantees and indemnities — Contracts of indemnity — Letter of indemnity presented by beneficiary for payment under letter of credit — Beneficiary representing and warranting under letter of indemnity the “existence, authenticity and validity” of signed bills of lading “issued or endorsed to the order of” issuing bank — Whether representation and warranty construed literally or purposively — Whether representation and warranty contains “element of futurity”; Restitution — Enrichment — At the expense of — Requirement of direct enrichment — Exception for coordinated transactions — Whether it would be unrealistic to consider the transactions separately; Tort — Misrepresentation — Fraud and deceit; Tort — Negligence — Duty of care — Misrepresentation — Whether issuing bank having cause of action in negligent misrepresentation against beneficiary for misrepresentation made in document presented to issuing bank

Result 129

[2024] SGHC(A) 15

Axis Megalink Sdn Bhd and another v Far East Mining Pte Ltd

Appellate Division of the High Court10 May 2024

Contract — Mistake — Unilateral mistake as to identity of contracting counterparty — Whether doctrine of mistaken identity extends to attributes of contracting counterparty; Contract — Misrepresentation — Rescission — Whether rescission is available in respect of contract for services where services have been rendered thereunder; Contract — Misrepresentation — Inducement — Whether representee was induced to enter into contract

Result 130

[2024] SGHC 121

Center for Competency-Based Learning and Development Pte Ltd v SkillsFuture Singapore Agency

General Division of the High Court8 May 2024

Contract — Discharge — Stipulated event — Innocent party entitled to terminate in event of breach of warranty or term of contract; Contract — Discharge — Stipulated event — Innocent party entitled to terminate if in its opinion the other party is guilty of gross moral turpitude; Contract — Contractual terms — Implied term not to exercise contractual discretion dishonestly, for an improper purpose, irrationally, capriciously or arbitrarily; Contract — Contractual terms — Contractual term entitling innocent party to clawback full amount of funding or subsidy received under the contract upon termination of contract on fault-based grounds; Contract — Contractual terms — Exemption clause; Equity — Estoppel — Promissory estoppel; Evidence — Proof of evidence — Onus and standard of proof; Restitution — Unjust enrichment — At the expense of

Result 136

[2024] SGHC 92

COSCO Shipping Specialized Carriers Co, Ltd v PT OKI Pulp & Paper Mills and others

General Division of the High Court28 March 2024

Arbitration — Restraint of proceedings — Foreign judicial; Arbitration — Agreement — Scope — Whether a stand-alone tort claim for damage done by shipowner/carrier to a trestle bridge owned by the cargo shipper is a dispute “arising out of or in connection with” the contract of carriage evidenced by bills of lading; Arbitration — Agreement — Scope — Whether alleged contractual defences contained in the bills of lading rendered the tort claim one “arising out of or in connection with” the contract of carriage evidenced by the bills of lading; Contract — Formation — Acceptance — Whether a solicitor’s proposal to enter into an exclusive jurisdiction agreement subject to the client’s final approval was an offer capable of acceptance; Civil procedure — Injunctions — Whether it was vexatious and oppressive for a limitation defendant to commence and/or prosecute foreign proceedings after limitation proceedings commenced in Singapore; Civil procedure — Injunctions — Whether an injunction should be granted to protect the court’s processes, jurisdiction and judgments

Result 140

[2024] SGHC 56

The “World Dream

General Division of the High Court28 February 2024

Admiralty and Shipping — Practice and procedure of action in rem — Payment out of proceeds of sale — Whether “gaming equipment” was included in a ship mortgage — Whether there is sufficient evidence that there was “gaming equipment” on board the vessel belonging to the mortgagor; Contract — Contractual terms — Parol evidence rule; Banking — Lending and security — Legal mortgages — Whether reference to the “ship” includes “gaming equipment” on board; Deeds and Other Instruments — Deeds — Interpretation — Whether reference to the vessel’s “appurtenances” includes “gaming equipment” on board — Whether reference to the vessel’s “belongings” includes “gaming equipment” on board

Result 141

[2024] SGHC 44

Peck Wee Boon Patrick and another v Lim Poh Goon and others

General Division of the High Court15 February 2024

Companies — Incorporation of companies — Lifting corporate veil; Contract — Breach; Contract — Misrepresentation — Fraudulent; Equity — Dishonest assistance; Equity — Knowing receipt; Tort — Conspiracy; Trusts — Constructive trusts — Institutional constructive trusts — Remedial constructive trusts; Trusts — Quistclose trusts; Restitution — Unjust enrichment — Proprietary restitution

Browse all subjects or search every Singapore decision.