1011. | DECEMBER 1991 Issue | p.348 |
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| Falsely Imprisoning the Legally Detained Person: Can the Bounds of Lawful Detention Ever be Exceeded? Fordham, Margaret [1991] Sing JLS 348 (Dec)The issue of whether a person who has been lawfully detained can, nevertheless, bring an action for false imprisonment has recently been considered by both the Court of Appeal and the House of Lords in England. In two cases involving prisoners allegedly subjected to adverse conditions, the courts questioned whether such circumstances could give rise to an action for false imprisonment, or whether the remedy should lie, if at all, in other torts. This article examines the impact of these decisions and considers their implications in the Singapore context.
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1012. | DECEMBER 1991 Issue | p.372 |
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| Foreign Traders and the Law of Passing-Off: The Requirement of Goodwill Within the Jurisdiction Ng, Siew Kuan [1991] Sing JLS 372 (Dec)The article discusses the requirement of goodwill in the law of passing-off and considers the extent to which the law entitles a foreign trader, who may not have a place of business within the jurisdiction, to restrain a local trader from using the same indicia of origin for its products or services. A brief discussion on the requirement of goodwill in other common law jurisdictions will also be made.
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1013. | DECEMBER 1991 Issue | p.410 |
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| Stay of Action Based on Exclusive Jurisdiction Clauses under English and Singapore Law (Part 2) Toh, Kian Sing [1991] Sing JLS 410 (Dec)The article examines the problems arising from the current approach relating to the stay of proceedings commenced in breach of exclusive jurisdiction arrangements. Both Singapore and English cases are referred to. A new approach is proposed in response to these problems.
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1014. | DECEMBER 1991 Issue | p.431 |
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| Public Law: An Examination of Purpose (Part 1) Sin, Boon Ann [1991] Sing JLS 431 (Dec)In an era where the private sector increasingly assumes functions which hitherto have been performed by the state, questions are being asked whether public law in its present form should not be revised to safeguard the interests of the citizens. It is against this backdrop that the article seeks to examine some of the basic questions of public law. Part I will consider approaches used both in England and in Singapore in defining the scope of public law. Part II will seek to examine some implications which may result from a recognition of the present limits of public law when placed against the changing functions of the state, and to consider the purpose for which public law ought to achieve.
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1015. | DECEMBER 1991 Issue | p.447 |
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| Property Law and Economic Loss after Murphy v. Brentwood District Council Townshend-Smith, Richard [1991] Sing JLS 447 (Dec)The decision of the House of Lords in Murphyv. Brentwood District Council marks a significant retreat from previos authority concerning the scope of the duty of care in negligence by limiting the scope of recovery for loss which is classified as economic in nature. This article focusses on one important issue left unanswered by the case, that of how to draw the distinction between property damage and economic loss, the answer to which may determine the outcome of litigation.
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1016. | DECEMBER 1991 Issue | p.466 |
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| The Legal Implications of Artificial Insemination by Donor Tan, Cheng Han [1991] Sing JLS 466 (Dec)Advance in medical science have opened up new vistas for mankind. However, some of these advances such as artificial insemination by donor sit uncomfortably with the existing legal framework. The writer considers the legal implications of donor insemination and suggests that legislation be passed to resolve some of the difficulties.
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1017. | DECEMBER 1991 Issue | p.476 |
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| Electing the President The Presidential Elections Act 1991 Winslow, V.S. [1991] Sing JLS 476 (Dec)
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1018. | DECEMBER 1991 Issue | p.483 |
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| Burdens and Statements Sim Ah Cheoh & Ors v. P.P. Chin, Tet Yung [1991] Sing JLS 483 (Dec)
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1019. | DECEMBER 1991 Issue | p.491 |
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| Extended Shock Jones & Others v. Wright Choo, Han Teck [1991] Sing JLS 491 (Dec)
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1020. | DECEMBER 1991 Issue | p.496 |
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| Measure of Damages under Section 2(1) Misrepresentation Act 1967 Royscot Trust Ltd. v. Rogerson & Others Sethupathy, Joan E. [1991] Sing JLS 496 (Dec)
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