Contract law of singapore

  • What is the freedom of contract in Singapore?

    In line with the principle of freedom to contract, the courts will give effect to the intention of the parties in creating their contract, and also hold them to their duty to perform their primary obligations under such contract..

  • The elements of a validly formed contract are: offer and acceptance; consideration; and. intention to create legal relations.
In Singapore, contracts are generally governed by the Civil Law Act, which is part of the country's statute books. A contract is a legally binding agreement between two or more parties. It creates an obligation to either perform a specific action or refrain from doing so, in exchange for something of value.

Agreement

The parties can agree to release each other from the contract without any liability through:.
1) A termination clause in the original contract.
2) A newly negotiated agreement releasing each other from liability, called anovation.
3) Aforce majeure clausethat states that, if a certain circumstance occurs, no party will be liable for breach

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Frustration

Another way the parties can be released from a contract without liability is the legal doctrine of frustration.
Frustration releases the parties from liability if something that could not have been reasonably foreseen makes it impossible for one or more parties to perform.

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Mistake

Mistake voids a contract when one or both of the parties entered into the contract under a misapprehension about a critical term.
For example, if a consignment store sells a coat to someone that (unbeknown to the store) had been destroyed or lost, that would be a mistake.
If it is a less critical term, the court will attempt to strike the proper ba.

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What is a reasonable contract clause in Singapore?

In Singapore, the Unfair Contract Terms Act (UCTA), which is based on a similar statute in England, places a reasonableness limit on such clauses.
When deciding what is reasonable, the courts look to the relative bargaining positions of the parties and whether there was an inducement to agree to the clause.

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What is an exemption clause in Singapore law?

Exemption clauses seek to limit or exclude liability in the event of a breach or failure to perform contractual obligations.
Under Singapore law, such clauses are subject to scrutiny for reasonableness.
If a clause is found to be unreasonable, it may not be enforced, highlighting the importance of fairness and equity.

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Why is contract law important in Singapore?

In the ever-changing world of business and personal transactions, contract law is vital for establishing your legal relationships and ensuring smooth agreement execution.
Singapore, known for its strong legal framework, provides clear and comprehensive principles to govern contracts.
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