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21. | SEPTEMBER 2023 Issue | p.481 | |
| | Case and Legislation Notes: On Revising the Amount of Statutory Bereavement Awards in Singapore Felix Chan Wai Hon and Chan Wai Sum [2023] Sing JLS 481 (Sep)This comment reviews the amount of damages for bereavement under the Civil Law Act 1909 in Singapore. It is argued that the current award is inappropriately low and needs to be increased. The statutory amount of bereavement damages should be reviewed periodically, taking inflation and changing economic conditions into consideration.
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| 22. | SEPTEMBER 2023 Issue | p.490 | |
| | Case and Legislation Notes: Effect of Amended Claim on a Warrant of Arrest in an Admiralty Action In Rem - The Jeil Crystal Tor Ming En [2023] Sing JLS 490 (Sep)Suppose I have filed my statement of claim endorsing the writ in rem , and the Registrar has issued a warrant of arrest reflecting this claim. I then proceed to exe- cute a warrant of arrest to arrest a vessel. Now, suppose, however, I later discover that the original claim stated in the warrant of arrest does not exist. I then substitute the original claim with a completely different claim altogether. Can the warrant of arrest be upheld based on the amended claim and/or cause of action, even if it was not so pleaded initially when the action in rem commenced? This novel issue arose for the first time in The Jeil Crystal , where the Singapore Court of Appeal reversed the High Court8217;s decision and answered in the negative. Following that decision, if the warrant of arrest has already been executed, the warrant of arrest must be set aside when the plaintiff seeks to substitute an original claim with an amended claim in the statement of claim.
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| 23. | SEPTEMBER 2023 Issue | p.498 | |
| | Book Reviews; Corporate Attribution in Private Law by Rachel Leow Hans Tjio [2023] Sing JLS 498 (Sep)Given the competitive nature of legal academia today, anyone believing in free market economics would seldom find a PhD thesis or monograph that makes one wonder why it had not hitherto been written. Rachel Leow8217;s book on attribution in private law, based on her Cambridge PhD, falls into that category. Like the proverbial twenty dollar note lying before the economist, you may not pick it up because rationally it cannot be there.
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| 24. | SEPTEMBER 2023 Issue | p.501 | |
| | Book Reviews: Company Law: A Real Entity Theory by Eva Micheler Christian A. Witting [2023] Sing JLS 501 (Sep)Company law is extremely complex, in part because it is founded upon a substratum of statute, regulatory law, contract, tort law, equity and more. Researchers tend each to focus upon one of the main areas of inquiry, these being corporate governance, securities regulation, and corporate liability. Many basic concepts relevant to the study of company law remain contested. Debate rumbles on about matters such as separate legal personality, the boundaries of the company, corporate purpose, limited liability, veil-piercing, and so on. This review focuses upon the question of how the company is to be viewed in theoretical terms. "Theoretical" means, in this context, abstracting from less significant details and concentrating upon the company8217;s most important elements and functions, and upon the way that it operates in the commercial world.
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| 25. | MARCH 2023 Issue | p.1 | |
| | Re-Thinking Unconscionability: Arbitration Agreements in International Consumer, Employment and 'Gig' Economy Contracts Fabien Gélinas and Zackary Goldford [2023] Sing JLS 1 (Mar)In recent years, there has been a proliferation of international consumer, employment and 'gig' economy contracts, many of which come with arbitration agreements. Although arbitration agreements are generally given legal effect, courts often refuse to enforce them on the basis of unconscionability if they are particularly disadvantageous to the consumer or worker. After surveying the state of the law of unconscionability in the United Kingdom (under English law), Singapore, Canada, Australia and the United States, we identify problems with the doctrine in the context of arbitration agreements, namely that its vague and confusing nature has the potential to undermine the doctrine of competence-competence, the predictability of arbitration agreements and ultimately the parties' freedom of contract. As we suggest, these problems could, without legislative intervention, mark the end of arbitration in the context of consumer, employment and 'gig' economy contracts. We propose two ways in which courts could make the doctrine of unconscionability more manageable and less problematic: by requiring that the victim have an identifiable frailty and by clarifying that independent advice for the victim usually assuages inequalities. We conclude by arguing that each of these reforms is consistent with the five most prominent theoretical justifications that have been offered for the doctrine of unconscionability.
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| 26. | MARCH 2023 Issue | p.27 | |
| | Of Inventorship and Patent Ownership: Examining the Intersection Between Artificial Intelligence and Patent Law Cheng Lim Saw and Samuel Zheng Wen Chan [2023] Sing JLS 27 (Mar)Artificial intelligence ("AI") has garnered much attention in recent years, with capabilities spanning the operation of self-driving cars to the emulation of the great artistic masters of old. The field has now been ostensibly enlarged in light of the professed abilities of AI machines to autonomously generate patentable inventions. This article examines the present state of AI technology and the suitability of existing patent law frameworks in accommodating it. Looking ahead, the authors also offer two recommendations in a bid to anticipate and resolve the challenges that future developments in AI technology might pose to patent law. In particular, the case is made for fully autonomous machine inventors to be recognised as 8220;inventors" by statute and for patent ownership of AI-generated inventions to be granted to the owners of these machine inventors by default.
| 27. | MARCH 2023 Issue | p.52 | |
| | What is a Relational Contract? Does Coherence Lurk Amongst Shapeshifting Incidents and Grandiloquent Language? C Haward Soper [2023] Sing JLS 52 (Mar)In recent years the term "relational" to describe a class of contract has gained currency in English Courts. Whereas contract class is usually identifiable by type such as landlord and tenant or employment, "relational" contracts are variable agminates of indeterminate incidents, employing confusing, and inappropriate, epi-fiduciary language. I explore the incidents in an unsuccessful effort to find machinery which predicts whether a contract is relational. I review cases to determine how existing Contract law deals with each incident. I review the theoretical literature, seeking alignment between theory-based norms and case-embedded incidents. I question why Judges have not made the connection between incidents and norms. I propose an operable definition of relational contract, proposing four "incidents" using a domestic, new kitchen, contract as a thread. Central to my definition is a claim that implicit or express in such contracts is an obligation to maintain, develop or build a relationship.
| 28. | MARCH 2023 Issue | p.83 | |
| | Refining Reasonable Classification Marcus Teo [2023] Sing JLS 83 (Mar)While it remains controversial whether Article 12(1) of Singapore's Constitution should involve a test of formal or substantive equality, the precise content of the test of formal equality itself - the "reasonable classification test" - remains unclear. This article seeks to construct a meaningful account of the reasonable classification test, that reconciles the case-law with canonical understandings of the court's constitutional role. Three arguments are made. First, courts must identify legislative purposes only from extrinsic materials when applying the test, to avoid circularity in its application. Second, when assessing the relation between differentiation and purpose, courts must require proof of the existence, and sometimes the sufficiency, of practical reasons that excuse imperfect differentiation. Third, applicants should only bear the burden of showing that laws or decisions imperfectly differentiate, before the burden shifts to the Government to justify them. The article concludes by explaining how the reasonable classification test so understood can apply to both legislative and executive acts, even if its application may differ in certain circumstances.
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| 29. | MARCH 2023 Issue | p.113 | |
| | SPAC Regulation in Singapore and Hong Kong: Designing a Regulatory Framework for New SPAC Markets Walter Wan [2023] Sing JLS 113 (Mar)Special Purpose Acquisition Companies, or SPACs, have become popular investment vehicles in 2020-2021. In response to this recent growth in popularity, regulators in Singapore and Hong Kong have introduced new listing rules permitting the listing of SPACs in their jurisdictions. In doing so, they have generally referred to the regulations and market practices in the US. These represent a set of norms which have been negotiated between regulators, SPAC managers and investors over decades of transactions. Regulators in Singapore and Hong Kong have innovated on these basic rules in response to recent criticisms of the SPAC structure and to accommodate local market factors and regulatory aims. This paper will examine how the regulators have, in the process of setting up SPAC markets locally, leveraged on the regulations and practices in the US as a starting point and how the consultation process allowed them to fine-tune their proposals.
| 30. | MARCH 2023 Issue | p.145 | |
| | The Coming Central Bank Digital Currency Revolution and the e-CNY Heng Wang and Ross Buckley [2023] Sing JLS 145 (Mar)The only central bank money individuals and businesses have today is cash. Everything else they use as money is commercial bank promises. Central bank digital currencies ("CBDC") will likely change all this by putting central bank money into everyone's hands. China is a front runner in this revolution, and its CBDC, the e-CNY, may well in time profoundly affect the international economic order. This article analyses the major considerations around the e-CNY, its ramifications, in particular for trade, and its possible challenges.
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