Skip to content
laws.sg

Singapore · Practice area

Contract

Formation, breach, remedies, and construction of contracts.

599 decisions

Principal legislation

Contract decisions

Result 121

[2024] SGHC 264

VeriFone, Inc v Firemane Pte Ltd

General Division of the High Court21 October 2024

Civil Procedure — Summary judgment — Applicable principles for grant or refusal of summary judgment; Contract — Contractual terms — Contracting party owing liability claiming set-off against sums due under settlement agreement — Whether contractual requisites for set-off sum to be engaged were satisfied; Contract — Contractual terms — Whether clauses were primary or secondary obligations — Whether clause in settlement agreement providing for full and accelerated payment upon failure to pay settlement sum in instalments by due dates was primary or secondary obligation

Result 122

[2024] SGHC 261

Tay Shing Lee Eileen v Liang Ting Pang Jeffrey

General Division of the High Court16 October 2024

Contract — Waiver — Waiver by election where contracting party elects between inconsistent contractual rights — Whether receipt of payments by one contracting party from another contracting party communicates clearly and unequivocally an election to abandon contractual remedy for payment under accelerated liability for whole sum in favour of instalment payments with payment liabilities staggered pursuant to payment schedule in contract; Contract — Variation — No oral modification clause — Whether receipt of payments by one contracting party from another contracting party sufficient under all circumstances to rebut presumption of no oral variation in absence of agreement signed and in writing such as to maintain subsisting validity of instalment payments with payment liabilities staggered pursuant to payment schedule in contract notwithstanding contractual breach triggering acceleration of payment liability for whole sum due under acceleration provision in contract

Result 125

[2024] SGHC 253

Xia Zheng v Lee King Anne

General Division of the High Court7 October 2024

Contract — Formation — Intention to create legal relations — Sham interest-free loan documents executed to give false impression of existence of loan agreement where parties never intended to create legal relations involving genuine loan arrangement; Contract — Implied contracts — Quantum meruit — Whether parties entered into contractual arrangement with implied term that nominee shareholder would be paid reasonable remuneration assessed on quantum meruit basis; Tort — Misrepresentation — Inducement — Whether representee was induced by false representation of fact to become nominee shareholder in company; Trusts — Resulting trusts — Presumed resulting trusts — Presumption of trust arising where moneys advanced to purchase shares registered in legal name of non-paying party

Result 127

[2024] SGHC(A) 26

Seatrium New Energy Ltd (formerly known as Keppel FELS Ltd) v HJ Shipbuilding & Construction Co, Ltd (formerly known as Hanjin Heavy Industries and Construction Co Ltd

Appellate Division of the High Court16 September 2024

Contract — Contractual terms — Whether party’s claim precluded by contractual term excluding liability; Contract — Contractual terms — Warranties — Whether latent defects that do not manifest or are not discovered during the warranty period are nonetheless caught by the warranty; Equity — Estoppel — Promissory estoppel; Tort — Negligence — Duty of care — Whether duty of care can be imposed in addition to a co-terminous contractual duty

Result 134

[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 137

[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 139

[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 140

[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

Browse all subjects or search every Singapore decision.