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Preview: Singapore Academy of Law Journal

Singapore Academy of Law Journal



Volume 18, 2006



Published: Fri, 19 Jan 2007 21:01:28 EST

 



Milky Way and Andromeda: Privacy, Confidentiality and Freedom of Expression

Fri, 19 Jan 2007 21:01:28 EST

Volume 18, 2006 p.1
This article examines the extent to which the law of confidence protects private personal information. In the UK, much of the impetus for greater protection comes from the European Convention on the Protection of Human Rights and Fundamental Freedoms. How privacy and freedom of expression are to be balanced either within the law of confidence or through the development of a new tort of privacy is a question that has given rise to much discussion in the courts and elsewhere. Developments in this area are the focus of this article together with the issue as to whether similar developments might take place in Singapore.



Demystifying the Right of Election in Contract Law

Fri, 19 Jan 2007 21:01:28 EST

Volume 18, 2006 p.60
This article is about commercial choices between two inconsistent rights, or courses of action, which are available to a party under his contract after a breach by the other contractual partner. In legal terminology the choice is known as "election" but it is often labelled as "waiver". Invariably, it has been confused with "estoppel". The nature and extent of knowledge required for the election to be operative, and whether there are any limits of the right to elect, are examined in Part II of the article. The different strands of opinion that are said to arise from judgments are reconciled. Problems that emerge from the use of an all embracing term "waiver" in substitution of either "election" or "estoppel" are dealt with under Part III. The author explains the misconceptions of using "waiver", demystifies the concept of "election", and provides guidance for commercial people to realise consciously when their election will result in intended legal consequences.



When Spouses Agree

Fri, 19 Jan 2007 21:01:28 EST

Volume 18, 2006 p.96
Financial agreements made between parties who are contemplating marriage, contemplating divorce, or in the throes of divorce attract public law concerns. The law respects the private rights and interests of individuals to make agreements in matters affecting their personal lives. But society is interested in seeing that fundamental family obligations are fulfilled and that the economically weaker family members are protected when a family unit breaks down. The law attempts to strike a balance between giving autonomy to spouses and retaining judicial control over such agreements. This article surveys the approaches taken in recent cases on agreements made between spouses.



United Nations Convention on the Use of Electronic Communications in International Contracts - A New Global Standard

Fri, 19 Jan 2007 21:01:28 EST

Volume 18, 2006 p.116
The recently adopted United Nations Convention on the Use of Electronic Communications in International Contracts is a landmark legal instrument that sets a new global standard for electronic commerce legislation. In Part I, the article discusses the key features of this landmark Convention, and the significance of the Convention which extends beyond the strict ambit of the Convention itself. In Part II, the article broadly compares the Convention provisions with those of the UNCITRAL Model Law on Electronic Commerce and the UNCITRAL Model Law on Electronic Signatures, and highlights some provisions from the UNCITRAL Model Law on Electronic Commerce that were omitted from the Convention. In Part III, the article discusses legal issues that are raised by the implementation of the Convention in Singapore, focusing on the necessary amendments to the Electronic Transactions Act (Cap 283A, 1996 Rev Ed).



Interpreting Patent Claims: Some Thoughts on the UK Kirin-Amgen decision

Fri, 19 Jan 2007 21:01:28 EST

Volume 18, 2006 p.203
In patent infringement cases, what falls to be determined is where the rights of the patentee end and where non-infringing use for third parties begin. Invariably, this involves ascertaining the scope and ambit of the patent claim. This article articulates some thoughts, both generally and in the specific context of Singapore, on the recent House of Lords' pronouncements in Kirin-Amgen Inc v Hoechst Marion Roussel Limited [2005] RPC 9 on patent claim interpretation.



Towards Uniform Electronic Contracting Law

Fri, 19 Jan 2007 21:01:28 EST

Volume 18, 2006 p.234
Legal uncertainties create huge business costs. Disharmony between national legal systems poses legal obstacles to international trading activities. This prompted the United Nations Commission on International Trade Law to draft the United Nations Convention on the Use of Electronic Communications in International Contracts. These uniform rules seek to remove legal obstacles, enhance legal certainty and commercial predictability, and lower transactional costs. This article considers the implications of these changes on electronic contracting law.



Legislation Note, Enhancing the Garden City: Towards a Deeper Shade of Green

Fri, 19 Jan 2007 21:01:28 EST

Volume 18, 2006 p.248
This note reviews the Parks and Trees Act 2005 (Act 4 of 2005). It argues that while on the whole, it represents a step forward from the previous legislation, there is scope for further improvement. In particular, consideration needs to be given to the inclusion of further legal safeguards to protect the ecological integrity of our natural heritage.



Singapore Legislation: Digest of Acts passed between 1 September 2005 and 28 February 2006 (correct as at 20 April 2006)

Fri, 19 Jan 2007 21:01:28 EST

Volume 18, 2006 p.264
Deposit Insurance Act 2005 (Act 31 of 2005), Education Endowment Scheme (Amendment) Act 2005 (Act 32 of 2005), Community Care Endowment Fund Act 2005 (Act 33 of 2005), Income Tax (Amendment) Act 2005 (Act 34 of 2005), Administration of Muslim Law (Amendment) Act 2005 (Act 35 of 2005), Biological Agents and Toxins Act 2005 (Act 36 of 2005), Public Transport Council (Amendment) Act 2005 (Act 37 of 2005), Goods and Services Tax (Amendment) Act 2005 (Act 38 of 2005), Stamp Duties (Amendment No 2) Act 2005 (Act 39 of 2005), Competition (Amendment) Act 2005 (Act 40 of 2005), Legal Profession (Amendment) Act 2005 (Act 41 of 2005), Statutes (Miscellaneous Amendments) (No 2) Act 2005 (Act 42 of 2005), Small Claims Tribunals (Amendment) Act 2005 (Act 43 of 2005), Moneylenders (Amendment) Act 2005 (Act 44 of 2005), National University of Singapore (Corporatisation) Act 2005 (Act 45 of 2005), Nanyang Technological University (Corporatisation) Act 2005 (Act 46 of 2005), Singapore Management University (Amendment) Act 2005 (Act 47 of 2005), Payment Systems (Oversight) Act 2006 (Act 1 of 2006), Misuse of Drugs (Amendment) Act 2006 (Act 2 of 2006), Intoxicating Substances (Amendment) Act 2006 (Act 3 of 2006), Road Traffic (Amendment) Act 2006 (Act 4 of 2006), Endangered Species (Import and Export) Act 2006 (Act 5 of 2006), Singapore Armed Forces (Amendment) Act 2006 (Act 6 of 2006), Workplace Safety and Health Act 2006 (Act 7 of 2006), Mutual Assistance in Criminal Matters (Amendment) Act 2006 (Act 8 of 2006), Residential Property (Amendment) Act 2006 (Act 9 of 2006), Casino Control Act 2006 (Act 10 of 2006), Accountants (Amendment) Act 2006 (Act 11 of 2006)