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