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231.  JULY 2015 Issue
p.273

Book Reviews: Causation in Negligence by Sarah Green
Samuel Chan  •  [2015] Sing JLS 273 (Jul)
Causation in the tort of negligence is a "legal minefield" that any philosopher, scientist or lawyer is to tread "with trepidation" (at p 1). To deal with causation, courts have developed an array of tests with seemingly no coherence. Should courts apply the 'doubling the risk' test or reverse the burden of proof? Or should the Fairchild exception apply? In Causation in Negligence, Sarah Green ambitiously proposes an analytical framework that "eschews detailed philosophical and theoretical handwringing in favour of pragmatic reasoning" (at p 1). Green claims that her framework, which she calls the Necessary Breach Analysis ("NBA"), provides an accessible way to approaching causal problems.

232.  JULY 2015 Issue
p.276

Book Reviews:Justice as Friendship—A Theory of Law by Tan Seow Hon
Ho Hock Lai  •  [2015] Sing JLS 276 (Jul)
As explained in the preface, this book is the product of a research project started a decade or so ago. It is based on a doctoral thesis. The author has wisely avoided a rush to publication. Her efforts have resulted in an ambitious and intriguing theory of justice and law. It is founded on the notion of friendship as explicated principally through the work of Aristotle. There is little written on friendship in law although there is an emerging body of literature on the related topics of law and love, and law and virtue.

233.  JULY 2015 Issue
p.278

Book Reviews: Accessory Liability by Paul S. Davies
Timothy Liau  •  [2015] Sing JLS 278 (Jul)
Conduct amounting to a breach of duty often causes loss to the person to whom the duty is owed. But sometimes the duty-holder in breach, being insolvent, is a man of straw not worth suit. Other times, the prospect of suit is unattractive given the possibility of jeopardising existing relations with the duty-holder. To seek an adequate remedy, one is then tempted to expand one's search to the surrounding circumstances leading up to the breach. So we peer up the chain of events. We search for persons—accessories—whose conduct contributed to the objectionable outcome. But the further up you go, the more diluted the contribution. And that presents a problem.

234.  JULY 2015 Issue
p.284

Book Reviews: Corporate Crime in China: History and Contemporary Debates by Zhou Zhenjie
Lin Lin  •  [2015] Sing JLS 284 (Jul)
Corporate crime has recently been raising public concern in China, with cases involving bribery and corruption (eg the 2014 GlaxoSmithKline bribery case), unsafe food (eg the 2008 Sanlu milk powder contamination scandal) and industrial accidents (eg the 2014 Kunshan metal product factory blast case). While there is much scholarly discussion on corporate crime in general, there is a paucity of English-written literature examining legislation and judicial practice concerning corporate crime in China.

235.  JULY 2015 Issue
p.287

Book Reviews: Law of Trade Marks and Passing Off in Singapore (3rd ed.) by Tan Tee Jim
Elizabeth Siew-Kuan Ng  •  [2015] Sing JLS 287 (Jul)
The long awaited third edition to Tan Tee Jim SC's comprehensive text on trade mark law in Singapore has finally arrived. It has been nearly a decade since the publication of the previous edition of this leading text. Drawing on applicable case law and legislation, the author provides a succinct and full discussion on the law of trade mark in Singapore. The significant developments in Singapore and elsewhere make this work timely and invaluable to all who are engaged in the area of trade mark law and practice. As noted by the author in the preface, some of the recent Singapore court decisions have necessitated an almost complete re-writing of a number of chapters in the work. By careful consideration and critical examination, the author elucidates the changes brought about by legislation and case law. Written by an eminent author and Senior Counsel with a wealth of knowledge and experience in this field, his 'ring-side' viewpoints offer an invaluable dimension to the commentaries on the leading decisions in this area.

236.  DECEMBER 2014 Issue
p.267

Recent (Non-) Developments in an Arrested Person's Right to Counsel
Ho Hock Lai  •  [2014] Sing JLS 267 (Dec)
The right of an arrested person to consult a lawyer has long been in contention. An especially contested issue is the point of time from which such access is constitutionally mandated. Part II contains an analysis of the recent judgments of the High Court and Court of Appeal on this topic. It examines the soundness of legal reasoning and interpretation at both levels. Part III enters into broader discussion. It explores alternative interpretations of the relevant constitutional provision, considers the fairness of the way in which the law has been applied, makes comparisons with the legal positions taken elsewhere, and reflects on principles in the administration of criminal justice that ought to shape our attitude towards this basic right.

237.  DECEMBER 2014 Issue
p.285

The Lemon Law and the Integrated Enhancement of Consumer Rights in Singapore
Alexander F H Loke  •  [2014] Sing JLS 285 (Dec)
European in inspiration and British in design, the Singapore Lemon Law seeks to provide consumers with more effective redress against defective products. The 6-month presumption of non-conformity reverses the burden of proving the cause for a defect appearing within 6 months of delivery; in so doing, it places the burden of proof on the party better able to investigate the cause for the defect. The new statutory remedies of repair, replacement, rescission and price reduction add to the armoury of remedies and enhance the consumer's interest in the due performance of the contract. While constituting a distinct regime with its own norms and principles of operation, the Lemon Law draws on and interacts with the existing sales law and consumer protection law. This article examines the potential complexities arising from the integrative aspects of the Lemon Law and the adaptation issues arising from the interaction between the Lemon Law and the general law.

238.  DECEMBER 2014 Issue
p.307

Good Faith Choice of a Law to Govern a Contract
Tan Yock Lin  •  [2014] Sing JLS 307 (Dec)
This article argues that an agreement on the proper law of a contract is not a free-standing promissory term but merely has the effect of a presumption that the express choice is the proper law. If this iskept firmly in view, there are more similarities than differences between the nature of the proper law of a possibly unformed contract, the floating proper law, and the changing proper law. In all cases,reliance may be placed on an express choice of law unless it would be substantially unjust to thenon-relying party or would occasion him substantial hardship.
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239.  DECEMBER 2014 Issue
p.328

Harmonisation of Takaful (Islamic Insurance) Regulation—A Realistic Goal or Improbable Ideal?
Haemala Thanasegaran and Mohammed Shaiban  •  [2014] Sing JLS 328 (Dec)
Takaful (Islamic insurance) is a form of cooperative insurance involving the allocation and spreading of risk. Its phenomenal growth in Malaysia, Pakistan and the Gulf States and its untapped potential in Indonesia, China and India have resulted in global insurance markets like the United Kingdom (UK) and Australia positioning themselves as leading conventional and Islamic financial centres. This article examines the takaful regulations in Muslim-majority jurisdictions where takaful is offered on a large scale, such as Malaysia, Bahrain, Pakistan, Saudi Arabia, the United Arab Emirates (UAE), Indonesia, Egypt, Brunei, Sudan and Iran, with respect to the core takaful principles of good faith, disclosure, non-misrepresentation, insurable interest, reciprocity in claims handling and the ensuing remedies. This, along with an analysis of the international takaful standards set by the Islamic Financial Services Board, will be benchmarked against Australia's and the UK's progressive insurance provisions in assessing the viability of harmonising takaful regulations amongst Muslimmajority jurisdictions.

240.  DECEMBER 2014 Issue
p.355

The Future of International Banking and Financial Law and Lawyers
Philip Wood  •  [2014] Sing JLS 355 (Dec)
This paper makes a medium-term forecast of the future of banking and financial law and lawyers internationally. It expresses the view that the law is essential to societies and that the basic purpose of the law is survival. It explains the rationale of banks as intermediaries for credit, discusses the important role of banking and financial law in the hierarchy of law, shows that there has been a very rapid increase in the size of the law, commencing from 1830 onwards, offers some reasons for the growth of the law and legal risk, such as globalisation and the intensification of regulatory regimes, proposes that there will be a strong demand medium-term for banking and financial lawyers of outstanding competence who can put the world together legally, explains the families of law, discusses various classes of legal risk and explains the high responsibilities undertaken by lawyers in their role in societies.
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