When is a contract legally binding? Surprise surprise, it all depends on the facts of the case.

In this month’s edition of Notes from the Bar, we discuss the Court of Appeal decision of China Coal Solution (Singapore) Pte Ltd v Avra Commodities Pte Ltd [2020] SGCA 81 (the “Judgement”), where we acted for the successful appellant, and the implications of this decision on the determination of when is a contract binding on the parties. Read More

COVID-19 (Temporary measures) Act 2020 – Kicking the can down the road?

In this month’s edition of Notes from the Bar, we will examine the implications of the freshly minted Covid-19 (Temporary Measures) Act 2020 on businesses and individuals in Singapore in the context of the deferment of contractual obligations. Read More

Notes from the Bar – Force Majeure and the “but for” test

Force majeure clauses are often found in agreements for sale of commodities and in charterparties.  Very often, it is a long paragraph containing a very long sentence that is laborious to read.  A force majeure clause, if applicable, would allow one party to the contract to avoid liability for non-performance on the occurrence of a force majeure event.  What happens if that party seeking to rely on the force majeure clause had no intention to perform at all in the first place? Read More