Legal terms in plain words
280 terms that come up in Singapore judgments, each defined once in neutral words, with the related topic and the cases whose question and answer use it. This is legal information, not legal advice. Disclaimer
A
- Abetment
- Under section 107 of the Penal Code 1871, helping bring about an offence by instigating a person to commit it, engaging with others in a conspiracy to commit it, or intentionally aiding it. An abettor is generally liable to the punishment provided for the offence abetted.
- Topic: Criminal law
- Used in 25 cases, including: Public Prosecutor v PP v. Mohamed Shameer Bin Mohamed Ibrahim; Public Prosecutor v Tay Chun Hsiong and Fang Yih Uei; Kevin Chelvam v Public Prosecutor
- Abuse of process
- Use of court proceedings for an improper purpose or in a way that is unfair or oppressive to the other side. The court may strike out or stay proceedings that abuse its process.
- Also called: abuse of the process of the court
- Topic: Abuse of process
- Used in 132 cases, including: Noranth Ventures Pte. Ltd. v Loo Kin Ben and another; Gylet Lift (M&S) Private Limited and another v Yeoh Seok Kian and others; Romy Ingrid Castel and others v Investment Beverage Business Management Pte. Ltd. and others
- Account of profits
- An equitable remedy that requires a wrongdoer, such as a fiduciary in breach of duty or an infringer of intellectual property, to hand over the profits gained from the wrong. It is measured by the wrongdoer's gain rather than the claimant's loss, and is usually an alternative to damages.
- Topic: Equity
- Used in 13 cases, including: Korporatio Sing Pte. Ltd. v Wong Suet Mei, Michelle; Ng Say Keong v Jia Le Aluminium Pte. Ltd. and another; Park Hotel Management Pte. Ltd. (In Liquidation) and others v Law Ching Hung and others
- Acquittal
- The formal outcome of a criminal case in which the accused is found not guilty of, or discharged in a way amounting to an acquittal of, a charge. A person acquitted cannot be tried again for the same offence unless the acquittal is overturned by a higher court, for example on a prosecution appeal.
- Topic: Criminal procedure and sentencing
- Used in 20 cases, including: Public Prosecutor v Liu Mengwei; Public Prosecutor v Muhammad Rajis bin Abdullah; Public Prosecutor v BQG and another
- Adjudication determination
- The decision of an adjudicator on a payment claim under Singapore's security of payment law for the building industry. It must be paid promptly, but the underlying dispute can still be finally decided later in court or arbitration.
- Topic: Building and construction law
- Used in 15 cases, including: Zhao Yang Geotechnic Pte Ltd v China Communications Construction Company Ltd (Singapore Branch); 33Club Pte. Ltd. v Design Cliniq Pte. Ltd.; Lim Kim Huat Building Construction Pte Ltd v LBD Engineering Pte Ltd
- Adjudicator
- Under Singapore's security of payment law for the building industry, the person appointed to decide a payment dispute quickly between parties to a construction contract, mainly on documents and within short fixed time limits.
- Topic: Building and construction law
- Used in 15 cases, including: Zhao Yang Geotechnic Pte Ltd v China Communications Construction Company Ltd (Singapore Branch); 33Club Pte. Ltd. v Design Cliniq Pte. Ltd.; Ee Hup Construction Pte Ltd v China Jingye Engineering Corporation Limited (Singapore Branch) and another
- Adverse inference
- A conclusion against a party that a court may draw when the party fails, without good reason, to produce evidence, call a witness or give an explanation it could have given, such as that the missing evidence would have been unfavourable to it. Drawing it is discretionary, and the Evidence Act 1893 expressly allows it.
- Topic: Evidence
- Used in 122 cases, including: Jason Yan Zixiang v James Fong Jing Xiong; Thirunavukarasu Manikam v Gumanan s/o Nallathambi and others; Thirunavukarasu Manikam v Gumanan s/o Nallathambi and others
- Affidavit
- A written statement of facts that a person swears or affirms to be true, used as evidence in court proceedings. Making a false statement in an affidavit can be a criminal offence.
- Topic: Civil procedure
- Used in 141 cases, including: The "VAYU" (formerly known as "QIAN TAI 1"; The Roe Corporation and others v Berhero Pty Limited (Trading as Acuity Funding); Kalen, Alexandru v World Exchange Services Pte Ltd
- Aggravated damages
- Extra compensatory damages awarded in tort where the manner of the wrongdoing, or the defendant's later conduct, has made the injury worse, for example by causing humiliation or distress. They compensate the claimant rather than punish the defendant.
- Topic: Damages
- Used in 12 cases, including: CWL Facilities Management Pte Ltd and another v Tan Eng Huat; Shanmugam Kasiviswanathan v Bloomberg L.P. and another; Ng Soon Hin v Eugene Loh
- Aggravating factor
- A fact about an offence or an offender that makes the offence more serious and so tends to increase the sentence, such as premeditation, abuse of a position of trust, harm to a vulnerable victim or relevant previous convictions.
- Topic: Criminal procedure and sentencing
- Used in 94 cases, including: Public Prosecutor v Lim Teng How (Lin Shenghao); Public Prosecutor v Chan Sui Kwan; Public Prosecutor v Ramdzan Bin Sidik
- Aggregate sentence
- The total sentence an offender receives when sentenced for several offences together, made up of the individual sentences, some ordered to run consecutively and others concurrently. The court checks the total against the totality principle so that it is proportionate to the offender's overall criminality.
- Also called: global sentence
- Topic: Criminal procedure and sentencing
- Used in 89 cases, including: Public Prosecutor v Razak Bin Mohamed Lazim; Public Prosecutor v Jayaraman s/o Ramasamy; Public Prosecutor v Seh Sui Sim
- Alternative sentencing regime
- The scheme in section 33B of the Misuse of Drugs Act 1973 under which a courier convicted of a drug offence carrying the mandatory death penalty is given life imprisonment instead: the court must do so where an abnormality of mind substantially impaired responsibility, and may do so (adding caning) where the Public Prosecutor issued a certificate of substantive assistance.
- Topic: Criminal procedure and sentencing
- Used in 15 cases, including: Public Prosecutor v Khalid Bin K K Mohamad; Low Sze Song v Public Prosecutor; Affandi bin Mohamed Hassan v Public Prosecutor
- Ancillary matters
- The issues a court decides in divorce, judicial separation or nullity proceedings besides the status of the marriage itself: division of matrimonial assets, maintenance for a spouse and for the children, and custody, care and control of and access to the children.
- Topic: Family procedure
- Used in 79 cases, including: XTQ v XTR; YIA v YIB; YHU v YHV
- Anti-suit injunction
- An injunction directed at a party, not at the other court, restraining that party from starting or continuing proceedings in another forum, usually abroad, for example because those proceedings breach an arbitration or exclusive jurisdiction agreement or are vexatious or oppressive.
- Topic: Injunctions
- Used in 23 cases, including: Xu Xiangrong and another v Fu Xianwei and others; Msa Global LLC (OMAN) v Engineering Projects (India) Limited; COSCO Shipping Specialized Carriers Co., Ltd. v PT Oki Pulp & Paper Mills and others
- Apparent bias
- A ground for setting aside a decision where a fair-minded and informed observer, knowing the relevant facts, would reasonably suspect that the decision-maker was not impartial, even if no actual bias is shown.
- Topic: Administrative law
- Used in 23 cases, including: DSS v DST; XON v XOM; The Tata Power Company Limited v Kleros Capital Partners Limited
- Arbitral award
- The decision of an arbitral tribunal on the dispute or part of it. It binds the parties, can be enforced with the court's permission like a court judgment, and can be set aside only on limited grounds.
- Topic: Arbitration
- Used in 108 cases, including: DXX v DXY; DZD v DZE; Zhejiang Crystal-Optech Co., Ltd. v Moveon Technologies Pte. Ltd.
- Arbitral tribunal
- The sole arbitrator or panel of arbitrators appointed to hear and decide a dispute in an arbitration.
- Topic: Arbitration
- Used in 29 cases, including: DXX v DXY; Zhejiang Crystal-Optech Co., Ltd. v Moveon Technologies Pte. Ltd.; Bangladesh Rural Electrification Board v Kse Electricals Pte. Ltd. (India)
- Arbitration agreement
- An agreement, usually a clause in a contract, by which the parties agree to send their disputes to arbitration instead of to the courts. A court will generally stay court proceedings brought in breach of it.
- Also called: arbitration clause
- Topic: Arbitration
- Used in 74 cases, including: DZD v DZE; Far Ocean Sea Products Pte Ltd v United Overseas Insurance Limited; DXB v DXC
- Assessment of damages
- The stage of a civil case at which the court works out how much money is to be paid as damages, often held separately after liability has already been decided and frequently heard by a registrar.
- Topic: Damages
- Used in 55 cases, including: Martin Teo Poh Seng (Martin Zhang Baocheng) v Subramanian Arumugam and another; Kay Lim Construction & Trading Pte Ltd v Hurda Trading Pte Ltd; Haweina Trading Co Ltd v Bling Blink SG Pte Ltd and another
B
- Bail
- Release of an arrested or charged person from custody on conditions to secure their attendance in court. Under the Criminal Procedure Code 2010 bail is a right for bailable offences, discretionary for most non-bailable ones and ordinarily unavailable where the offence is punishable with death or life imprisonment. In admiralty, bail is security to release an arrested ship.
- Topic: Criminal procedure and sentencing
- Used in 39 cases, including: Public Prosecutor v Jayaraman s/o Ramasamy; Public Prosecutor v Ramdzan Bin Sidik; Public Prosecutor v Nor Muhamad Syafriq Bin Saffri
- Bailment
- The handing over of goods by their owner or possessor (the bailor) to another (the bailee) for storage, repair, carriage or another purpose; the bailee must take reasonable care of them and return them as agreed. Under the Misuse of Drugs Act, an accused may raise a "bailment defence": holding drugs only to return them to whoever handed them over.
- Topic: Commercial transactions
- Used in 11 cases, including: Public Prosecutor v Naufal Muzzammil s/o Jamal Mohamed; Pua Wen Jin (Pan Wenjin) v Lam King Keow; Steven Kurniawan Prayitno v Oh Chin Ann and others
- Balance of convenience
- When deciding whether to grant an interim injunction, the court's weighing of the harm each side would suffer if the injunction were granted or refused, including whether damages would adequately compensate either side.
- Topic: Injunctions
- Used in 16 cases, including: DUP v DUQ; Romy Ingrid Castel and others v Investment Beverage Business Management Pte. Ltd. and others; Aquilo Shipping Inc v SRTT Marine Trading & Services Pte Ltd
- Balance of probabilities
- The standard of proof in civil cases: a fact is proved if the court finds it more likely than not to be true. An accused who must prove a defence in a criminal case usually has to meet this standard as well.
- Topic: Evidence
- Used in 79 cases, including: Public Prosecutor v Ramachandharan Karthik; Haweina Trading Co Ltd v Bling Blink SG Pte Ltd and another; Thirunavukarasu Manikam v Gumanan s/o Nallathambi and others
- Bankruptcy
- The process under the Insolvency, Restructuring and Dissolution Act 2018, or before it the Bankruptcy Act, by which a court order declares an individual who cannot pay their debts a bankrupt. The bankrupt's property vests in the Official Assignee or a trustee in bankruptcy to be realised for creditors, and the bankrupt is under restrictions until discharged.
- Topic: Insolvency law
- Used in 63 cases, including: Lim Siang Heng v Great Eastern Financial Advisers Private Limited; Goh Seng Heng v Official Assignee; True Yoga Pte Ltd and others v Patrick John Wee Ewe Seng
- Bankruptcy order
- The court order that makes an individual a bankrupt, made on a bankruptcy application by a creditor or by the debtor; from then the bankrupt's property vests in the Official Assignee or trustee in bankruptcy and the bankrupt becomes subject to legal restrictions.
- Topic: Insolvency law
- Used in 15 cases, including: Re Deepak Mishra; Goh Seng Heng v Official Assignee and another; Java Asset Holding Ltd v Sin David
- Beneficial interest
- The right to enjoy property or its benefits, as distinct from holding legal title to it; under a trust, the trustee holds the legal title while the beneficiary has the beneficial interest.
- Also called: beneficial ownership
- Topic: Trusts
- Used in 60 cases, including: Aleksandr Viktorovich Prosetskii v Courtwell Asia Limited and others; Lin Tze Kin (Suing as Co-Executor of the Estate of Tan Ah Kar, Deceased) and another v Lim Sze Eng and another; Hajjah Noor Jehan Binte Mohamed Ghouse v Nur Fairuz Magnus
- Benefit of the doubt
- The rule that where a reasonable doubt remains about an accused's guilt after all the evidence, the doubt is resolved in the accused's favour and the accused must be acquitted.
- Topic: Evidence
- Used in 2 cases: Public Prosecutor v BQG and another; Suria Shaik Aziz
- Beyond reasonable doubt
- The standard of proof in a criminal case: the prosecution must prove every element of the charge so that no reasonable doubt about guilt remains. A reasonable doubt leads to an acquittal.
- Also called: beyond a reasonable doubt; proof beyond reasonable doubt
- Topic: Evidence
- Used in 65 cases, including: Public Prosecutor v Ramachandharan Karthik; Public Prosecutor v Chan Sui Kwan; Public Prosecutor v Alam Khorshed
- Breach of confidence
- A civil claim to protect information that has the quality of confidence and was shared or obtained in circumstances imposing a duty to keep it confidential, against its unauthorised use or disclosure. Singapore law also protects against someone wrongfully obtaining such information, even without using it.
- Topic: Confidence
- Used in 22 cases, including: Arfat Pannir Selvam and others v Sharad Selvam Ramachandra; GTL Agencies (S) Private Limited v Neo Boon Huat and others; The Body Firm Pte Ltd v Siow Soon Sin and another
- Breach of contract
- A failure, without lawful excuse, to perform a contractual obligation as and when it is due. Every breach gives the innocent party a right to damages; a sufficiently serious breach may also allow it to end the contract.
- Topic: Contract
- Used in 87 cases, including: Fagumuda v Oktay Sahin; Ngai Nai Ping Jango v Banshing Industrial Co., (Pte) Ltd.; Tan Seng Kiat v Lim Kim Wee Nigel
- Breach of trust
- A trustee's failure, by act or omission, to perform a duty owed under the trust, such as misapplying trust property or failing to act with proper care; the trustee is personally liable to make good the loss or account for any gain.
- Topic: Trusts
- Used in 20 cases, including: Parastate Labs, Inc. v Wang Li and others; Cheng Tim Jin v Chan Kam Piew; Leow Hock Soon and another v Chew Eik Khoon and others
- Burden of proof
- The obligation on a party to prove a fact to the required standard, failing which that party loses on that point. In its main sense, the legal burden, it rests on whoever asserts the fact under the Evidence Act 1893 and does not shift during the trial, unlike the evidential burden.
- Also called: legal burden
- Topic: Evidence
- Used in 90 cases, including: Jason Yan Zixiang v James Fong Jing Xiong; Ng Gino Ernest v Ang Eng Peng; Underwater Diving Operators Pte Ltd v Dundee Marine & Industrial Services Pte Ltd
C
- Caning
- Corporal punishment by strokes of a rattan cane, which a court may or must order for certain offences under statutes such as the Penal Code 1871. Under the Criminal Procedure Code 2010, women, men over 50 and persons sentenced to death cannot be caned, and an adult receives at most 24 strokes at one trial.
- Topic: Criminal procedure and sentencing
- Used in 75 cases, including: Public Prosecutor v Jayaraman s/o Ramasamy; Public Prosecutor v Ahmed Jubaer Uddin; Public Prosecutor v Wang Hongqiang
- Care and control
- The right and duty to have a child live with a parent and to make day-to-day decisions about the child's upbringing. The other parent is usually given access.
- Topic: Family law
- Used in 63 cases, including: YDR v YDQ; YIA v YIB; YIG v YIH
- Careless driving
- The offence under the Road Traffic Act 1961 of driving a motor vehicle on a road without due care and attention, or without reasonable consideration for other road users; it is less serious than dangerous driving.
- Topic: Road traffic
- Used in 18 cases, including: Public Prosecutor v Poovalai Thevar Kathiravannethi; Low Man Hong v Public Prosecutor; Yeo Seong Bee Eric v Public Prosecutor
- Cash flow test
- A test of insolvency that asks whether a company can pay its debts as they fall due, looking at debts already due and those due in the reasonably near future, as opposed to the balance sheet test of whether its liabilities exceed its assets.
- Topic: Insolvency law
- Used in 15 cases, including: Bryan Lim Jun Da v Interior Times (Conquest) Pte. Ltd.; Zhong Shan Strategic Fund v Rg Strategy Fund VCC; Park Hotel Management Pte. Ltd. (In Liquidation) and others v Law Ching Hung and others
- Causation
- The requirement that a person's conduct actually brought about the loss or result complained of: generally, that it would not have happened but for that conduct, and that no new intervening act broke the chain; it applies in tort, contract and criminal law.
- Topic: Tort
- Used in 56 cases, including: Public Prosecutor v Poovalai Thevar Kathiravannethi; Public Prosecutor v Talukdar Abul Kalam; Public Prosecutor v PSA Corporation Limited
- Cause of action
- The set of facts that gives a person a legal right to sue another person and ask the court for a remedy, such as a breach of contract or an act of negligence.
- Topic: Civil procedure
- Used in 79 cases, including: Kay Lim Construction & Trading Pte Ltd v Hurda Trading Pte Ltd; Low Siong Ngo v Goh Mei Loon; JKH v JKI
- Cautioned statement
- A statement recorded under section 23 of the Criminal Procedure Code 2010 after a person is charged or told of a possible charge, with a warning that if a fact later relied on in defence is held back, the court may treat the later account as less likely to be true.
- Also called: section 23 statement
- Topic: Criminal procedure and sentencing
- Used in 9 cases, including: Public Prosecutor v Rajwant Singh Gill A/L Narajan Singh; Public Prosecutor v Koh Lee Hwa; Public Prosecutor v CQW
- Caveat
- Under the Land Titles Act 1993, a notice lodged with the Registrar of Titles by a person claiming an interest in registered land, which warns others of the claim and blocks registration of dealings inconsistent with it while it stands. A caveat in probate proceedings instead stops a grant being made without notice to the person who entered it.
- Topic: Land
- Used in 15 cases, including: YEC v YED; YHJ v YHK and others; YFF v YFG and another
- Certificate of substantive assistance
- A certificate the Public Prosecutor may issue under section 33B of the Misuse of Drugs Act 1973 stating that a person has substantively helped the Central Narcotics Bureau disrupt drug trafficking. Whether to issue it is for the Public Prosecutor alone, and a court may review that decision only on narrow grounds such as bad faith or malice.
- Topic: Criminal procedure and sentencing
- Used in 19 cases, including: Public Prosecutor v Thina Vengades Rao; Low Sze Song v Public Prosecutor; Affandi bin Mohamed Hassan v Public Prosecutor
- Chain of custody
- The record of who handled an exhibit or sample and how it was kept from collection to analysis, showing that the item tested is the item taken. In a criminal case, the prosecution must account for the exhibit at each stage, and a gap that raises a reasonable doubt about its identity can defeat the charge.
- Topic: Evidence
- Used in 18 cases, including: Public Prosecutor v Thina Vengades Rao; YCD v YCE; DTM v DTN
- Charges taken into consideration
- Further charges that an accused person admits and agrees the court may take into account when sentencing on the charges that go ahead. They are not separately punished, but they can make the sentence heavier.
- Also called: taken into consideration
- Topic: Criminal procedure and sentencing
- Used in 98 cases, including: Public Prosecutor v Razak Bin Mohamed Lazim; Public Prosecutor v Jayaraman s/o Ramasamy; Public Prosecutor v Ramdzan Bin Sidik
- Cheating
- Under section 415 of the Penal Code 1871, deceiving a person and, by that deception, fraudulently or dishonestly inducing them to deliver property, or intentionally inducing them to do or not do something they otherwise would not, causing or likely to cause harm to any person in body, mind, reputation or property.
- Topic: Criminal law
- Used in 23 cases, including: Public Prosecutor v De Villar Rizalyn Panganiban 2026 SGDC332; Public Prosecutor v Loh Guang Ze; Santos-Tumalip Maria Monalyn Bagaporo v Public Prosecutor
- Child maintenance
- Financial support for a child's needs, such as housing, food, education and medical care, which both parents have a duty to provide under the Women's Charter 1961. A court may order a parent to pay it, generally until the child turns 21 unless reasons such as further education, national service or disability justify longer.
- Topic: Family law
- Used in 98 cases, including: YJE v YJF; YHU v YHV; YHS v YHT
- Collective sale
- The sale of all the units or lots in a development together, usually to a developer. Under the Land Titles (Strata) Act 1967, owners holding the required majority of share value and area may apply to the Strata Titles Board for an order binding owners who did not agree.
- Also called: en bloc sale
- Topic: Land
- Used in 4 cases, including: Re Yap Shiaw Wei (Ye Xiaowei); Silvester Selvan s/o Jeyaperagasam and others v Hilda Loe Associates Pte. Ltd. and others; Donald Tan Boon Teck v Lum Shih Kai
- Committal order
- An order that a person found in contempt of court be committed to prison. The term also covers the committal proceedings in which a party asks the court to punish a contempt, such as disobeying a court order or breaking an undertaking given to the court.
- Topic: Contempt of court
- Used in 26 cases, including: Nguyen Thuy Ha v Tran Thi Bich Ha; Cairnhill Law LLC v Royal's Engineering & Trading (S) Pte. Ltd.; Cairnhill Law LLC v Royal Sanitary & Plumbing Pte. Ltd.
- Common intention
- Under section 34 of the Penal Code 1871, where a criminal act is done by several persons in furtherance of the common intention of all of them, each of them is liable for that act as if they had done it alone.
- Topic: Criminal law
- Used in 6 cases, including: Ng Cheng Tiam v Public Prosecutor; Iseli Rudolf James Maitland v Public Prosecutor; Ho Woon Chun (Administratrix of the Estate of Ho Fook Tuck, Deceased) v Wang Kai Qing
- Common intention constructive trust
- A trust the court recognises where the owners of a property shared an intention, express or inferred from their conduct, about how its beneficial ownership was to be divided, which may differ from what each paid.
- Topic: Trusts
- Used in 31 cases, including: Ho Soo Fong and another v Ho Soo Tong and others; Hajjah Noor Jehan Binte Mohamed Ghouse v Nur Fairuz Magnus; YEC v YED
- Confidential information
- Information that is not public or trivial and has the quality of confidence, such as trade secrets, client lists or business plans, which the law of confidence, a contract or an employment relationship can protect against unauthorised use or disclosure.
- Topic: Confidence
- Used in 25 cases, including: Anurag Avula and another v Matchmove Pay Pte Ltd; Public Prosecutor v Yip Kooi Keat; Arfat Pannir Selvam and others v Sharad Selvam Ramachandra
- Conflict of interest
- A situation in which a person who owes a duty to act in another's interest, such as a lawyer, fiduciary or company director, has a personal interest, or a duty to someone else, that conflicts or may conflict with that duty.
- Topic: Legal profession
- Used in 19 cases, including: Korporatio Sing Pte. Ltd. v Wong Suet Mei, Michelle; Tengku Abdul Kadir bin Mohamed v New Eastern (1971) Private Limited and another; Create the Future LP and another v Pirate Studios Pte. Ltd. and others
- Consecutive sentences
- Sentences of imprisonment that run one after another rather than at the same time (concurrently). Under the Criminal Procedure Code 2010, where a person is sentenced to imprisonment for at least three distinct offences at one trial, at least two of those sentences must run consecutively.
- Topic: Criminal procedure and sentencing
- Used in 59 cases, including: Public Prosecutor v Razak Bin Mohamed Lazim; Public Prosecutor v Jayaraman s/o Ramasamy; Public Prosecutor v Ramdzan Bin Sidik
- Constructive trust
- A trust imposed by law, whatever the parties intended, where it would be unconscionable for the holder of property to deny another's beneficial interest, such as property obtained by fraud or breach of fiduciary duty, or property the parties commonly intended to share.
- Topic: Trusts
- Used in 32 cases, including: Low Siong Ngo v Goh Mei Loon; Chander Agarwal v Lee Xiu Hui Felicia; Chang Yiuw Choon and others v Chong Yiuw Tham and another
- Contempt of court
- Conduct that interferes with or undermines the administration of justice, such as disobeying a court order or undertaking, scandalising the court, or prejudicing pending proceedings. In Singapore it is mainly governed by the Administration of Justice (Protection) Act 2016 and can be punished by a fine or imprisonment.
- Topic: Contempt of court
- Used in 31 cases, including: Nguyen Thuy Ha v Tran Thi Bich Ha; Cairnhill Law LLC v Royal's Engineering & Trading (S) Pte. Ltd.; Cairnhill Law LLC v Royal Sanitary & Plumbing Pte. Ltd.
- Contra proferentem
- A rule for reading contracts: where a term is genuinely unclear after the usual methods of interpretation, it is read against the party that drafted it or relies on it.
- Also called: contra proferentem rule
- Topic: Contract
- Used in 11 cases, including: Cai Yanhong v Prudential Assurance Company Singapore; JWT Realty Pte. Ltd. and another v The Pod Pte. Ltd.; United Overseas Bank Limited v Sgmade Co-Operates Pte. Ltd.
- Contributory negligence
- A claimant's own failure to take reasonable care for their safety, which helped cause the harm. Damages are then reduced in proportion to the claimant's share of the blame. In sentencing for driving offences, a victim's own carelessness that affected the degree of the offender's negligence may reduce the offender's culpability.
- Also called: contributorily negligent
- Topic: Tort
- Used in 17 cases, including: Stamford Land Management Pte Ltd v Nur Aniza binte Mohd Shah; Yeo Seong Bee Eric v Public Prosecutor; Choo Mee Hua v HPC Builders Pte Ltd
- Copyright
- Under the Copyright Act 2021, the exclusive right, arising automatically without registration, to do certain acts with an original authorial work such as a book, music or artwork, or with other protected material such as a recording, film or broadcast, including copying it or communicating it to the public, for a limited period.
- Topic: Intellectual property
- Used in 8 cases, including: The Beauty Nation Pte. Ltd. v Herbs Health Ben Cao Kang Mu Pte. Ltd. and another; FirstCom Academy Pte Ltd v Oom Academy Pte Ltd and others; Syed Suhail bin Syed Zin and others v Attorney General
- Corroboration
- Independent evidence that supports or confirms a witness's account on a material point. Singapore law generally does not require corroboration for a conviction, but a court examines uncorroborated key testimony with particular care.
- Topic: Evidence
- Used in 26 cases, including: Public Prosecutor v Muhamad Adil Bin Saidin; YIN v YIO; Ho Hui Min v Public Prosecutor
- Counterclaim
- A claim that a defendant brings against the claimant in the same proceedings, rather than starting a separate action. The court can decide the claim and the counterclaim together.
- Topic: Civil procedure
- Used in 186 cases, including: Noranth Ventures Pte. Ltd. v Loo Kin Ben and another; Prime Lodge (2021) Pte. Ltd. v United Laundry Pte. Ltd.; Management Corporation Strata Title Plan No. 4348 v Daniel Leigh Taylor and others
- Court of Three Judges
- A court of three Supreme Court Judges that hears disciplinary applications against advocates and solicitors under the Legal Profession Act 1966, and appeals from medical disciplinary tribunals under the Medical Registration Act 1997. It can strike a professional off the roll or register, suspend them, impose a penalty or censure them.
- Topic: Legal profession
- Used in 26 cases, including: The Law Society of Singapore v Lim Tean; CBB v Wong Tien Leong William; The Law Society of Singapore v Willjude Vimalraj s/o Raymond Suras
- Criminal breach of trust
- Under section 405 of the Penal Code 1871, the offence of a person entrusted with property, or with control over it, who dishonestly misappropriates it, converts it to their own use, or uses or disposes of it in breach of the law or of an agreement on its handling. Heavier penalties apply to employees, public servants and agents.
- Topic: Criminal law
- Used in 5 cases, including: Public Prosecutor v PP v. Mohamed Shameer Bin Mohamed Ibrahim; Public Prosecutor Against Loy Wei Ezekiel and Gian Juat Ngim; Tan Kheng Yeow (Chen Qingyao) v Public Prosecutor
- Criminal revision
- The High Court's power under the Criminal Procedure Code 2010 to examine the record of criminal proceedings in a lower court and correct any order that is illegal, irregular or improper. It is used sparingly, generally only where there has been serious injustice.
- Topic: Criminal procedure and sentencing
- Used in 18 cases, including: Tjhin Thian Po v Public Prosecutor; DI-900037 of 2023; Victor Foo Seang Kwang v Public Prosecutor
- Culpable homicide
- Under section 299 of the Penal Code 1871, causing death by an act done with the intention of causing death, with the intention of causing bodily injury likely to cause death, or with the knowledge that the act is likely to cause death. Culpable homicide that does not amount to murder is punished under section 304.
- Topic: Criminal law
- Used in 11 cases, including: Public Prosecutor v Foo Li Ping; DAN v Public Prosecutor; Zin Mar Nwe v Public Prosecutor
D
- Dangerous driving
- The offence under the Road Traffic Act 1961 of driving a motor vehicle on a road recklessly, or at a speed or in a manner that is dangerous to the public, having regard to all the circumstances.
- Topic: Road traffic
- Used in 10 cases, including: Public Prosecutor v Mohamed Fariz Bin Jamaluddin; Koh Yih Chian (Xu Yiqian) v Public Prosecutor; Tan Zhi Wei v Public Prosecutor
- Deceit
- A tort, also called fraudulent misrepresentation, committed where a person makes a false representation of fact knowing it to be false, without belief in its truth, or recklessly, intending another to act on it, and the other does so and suffers loss.
- Topic: Tort
- Used in 27 cases, including: Artem Ibragimov v Liu Xun; Sea-Dragon Marine Services Pte Ltd v Mansoor s/o Tayabbhai Gandhi and another; BP Projects Pte Ltd v One Wind Pte Ltd and others
- Defamation
- The publication to others of a statement that refers to a person and tends to lower that person in the estimation of right-thinking members of society, actionable as libel (lasting form) or slander (spoken); defences include justification, fair comment and privilege, and it can also be a crime under the Penal Code 1871.
- Topic: Tort
- Used in 52 cases, including: Tan Wee Jin (Chen Weiren) v German Dragons Singapore and others; CWL Facilities Management Pte Ltd and another v Tan Eng Huat; Siti Azriah binte Zainee v Abdul Rahim bin Mohamed Wambri@raye Wambri
- Default judgment
- A judgment entered for a claimant without a trial because the defendant failed to take a required step in time, such as filing a defence. The court can set it aside, for example where the defendant shows a real defence.
- Also called: judgment in default
- Topic: Civil procedure
- Used in 35 cases, including: Low Siong Ngo v Goh Mei Loon; Haweina Trading Co Ltd v Bling Blink SG Pte Ltd and another; Haweina Trading Co Ltd v Bling Blink SG Pte Ltd and another
- Derivative action
- A claim brought by a shareholder or another permitted person on behalf of a company, for a wrong done to the company, where those controlling it will not have the company sue. For a Singapore company, the court's permission is needed under section 216A of the Companies Act 1967.
- Also called: statutory derivative action
- Topic: Companies
- Used in 11 cases, including: Reddot General Trading Pte. Ltd. v Sumeet Nanda and others; Aleksandr Viktorovich Prosetskii v Courtwell Asia Limited and others; Zhuang, Yujie v Openmeta Pte. Ltd. and another
- Diminished responsibility
- A partial defence to murder under Exception 7 to section 300 of the Penal Code 1871. Where an abnormality of mind from a recognised cause substantially impaired the accused's mental responsibility for their acts, the offence is reduced to culpable homicide not amounting to murder. The accused must prove it on a balance of probabilities.
- Topic: Criminal law
- Used in 7 cases, including: Zin Mar Nwe v Public Prosecutor; Public Prosecutor v Tan Sen Yang; Public Prosecutor v M Krishnan
- Direct contribution
- A spouse's financial contribution to acquiring or improving matrimonial assets, such as paying the purchase price, mortgage instalments or renovation costs, including payments from CPF savings. When matrimonial assets are divided, the court compares each spouse's direct contributions.
- Also called: direct financial contribution
- Topic: Family law
- Used in 75 cases, including: YGN v YGO; YFY v YFZ; YFI v YFJ
- Directors' duties
- The legal duties a company director owes, chiefly to the company itself: to act honestly and in good faith in its interests, to use powers for their proper purposes, to avoid conflicts of interest, and to exercise reasonable care, skill and diligence. They come from both the general law and the Companies Act 1967.
- Also called: director's duty
- Topic: Companies
- Used in 21 cases, including: Reddot General Trading Pte. Ltd. v Sumeet Nanda and others; Goh bin Seng v Yeo Neng Jian Stephen and others; Zhuang, Yujie v Openmeta Pte. Ltd. and another
- Disciplinary tribunal
- A tribunal that hears a formal complaint against a member of a regulated profession and decides whether misconduct is made out. Under the Legal Profession Act 1966 it is appointed by the Chief Justice for advocates and solicitors; under the Medical Registration Act 1997 it hears complaints against doctors and can suspend, fine or censure them.
- Topic: Legal profession
- Used in 29 cases, including: The Law Society of Singapore v Ng Kai Ming; Yang Ing Woei v Singapore Medical Council; The Law Society of Singapore v Lim Tean
- Dishonest assistance
- A form of liability in equity under which a person who dishonestly helps another to commit a breach of trust or fiduciary duty is personally liable for the resulting loss or gain, even without having received any of the property.
- Topic: Equity
- Used in 24 cases, including: Shenning Heritage Capital VCC v David Hiah and others; Parastate Labs, Inc. v Wang Li and others; Aleksandr Viktorovich Prosetskii v Courtwell Asia Limited and others
- Disqualification order
- A court order that bars an offender from holding or obtaining a driving licence for a set period; for some offences, such as drink driving, the court must order disqualification for at least a minimum period unless there are special reasons not to.
- Topic: Road traffic
- Used in 28 cases, including: Public Prosecutor v Poovalai Thevar Kathiravannethi; Public Prosecutor v Lim Teng How (Lin Shenghao); Public Prosecutor v Talukdar Abul Kalam
- Division of matrimonial assets
- The court's power under the Women's Charter 1961, when or after granting a divorce, judicial separation or nullity, to divide the spouses' matrimonial assets in the proportions it considers just and equitable, having regard to factors such as each spouse's direct and indirect contributions and the needs of the children.
- Topic: Family law
- Used in 103 cases, including: YHU v YHV; YHD v YHE; YGT v YGU
- Drink driving
- The offence under the Road Traffic Act 1961 of driving or attempting to drive a motor vehicle while unfit through drink, a drug or an intoxicating substance, or with alcohol in the breath or blood above the prescribed limit; being in charge of a vehicle in that state is a separate, lesser offence.
- Topic: Road traffic
- Used in 13 cases, including: Tan Zhi Wei v Public Prosecutor; Song Chao v Public Prosecutor; Public Prosecutor v Tan Zhi Wei
- Drug trafficking
- Under the Misuse of Drugs Act 1973, selling, giving, administering, transporting, sending, delivering or distributing a controlled drug, or offering to do any of these, without authorisation. Trafficking in more than set quantities of certain drugs can carry the death penalty.
- Also called: trafficking
- Topic: Criminal law
- Used in 56 cases, including: Public Prosecutor v Jayaraman s/o Ramasamy; Public Prosecutor v Naufal Muzzammil s/o Jamal Mohamed; Public Prosecutor v Anuar Bin Mohd Yusoff
- Duty of care
- A legal obligation to take reasonable care not to cause another person harm; in Singapore it arises where harm was factually foreseeable, the parties were in a relationship of sufficient legal proximity, and no policy reason weighs against imposing it.
- Topic: Tort
- Used in 49 cases, including: Eg Development Pte. Ltd. v Our Cocomo Pte. Ltd. and another; Underwater Diving Operators Pte Ltd v Dundee Marine & Industrial Services Pte Ltd; Wendy Danubrata v J+f Private Limited and another
E
- Entire agreement clause
- A contract term stating that the written contract contains the whole agreement between the parties, so that earlier negotiations, statements or side agreements do not form part of it. Such a clause does not by itself exclude liability for misrepresentation.
- Topic: Contract
- Used in 17 cases, including: Fagumuda v Oktay Sahin; Hajjah Noor Jehan Binte Mohamed Ghouse v Nur Fairuz Magnus; Tahnoon Pasha v Avere Mark Hill and another
- Equitable accounting
- An adjustment between co-owners of a property, made when it is sold or divided, to credit one owner for payments such as mortgage instalments made beyond that owner's share, where fairness calls for it.
- Topic: Equity
- Used in 4 cases, including: Lin Tze Kin (Suing as Co-Executor of the Estate of Tan Ah Kar, Deceased) and another v Lim Sze Eng and another; DOO v DOP; DOP v DOO
- Estoppel
- A rule that stops a person from going back on a position taken, by words, conduct, an agreed assumption or an earlier judgment, where it would be unjust to allow it, often because another person has relied on that position.
- Topic: Equity
- Used in 44 cases, including: Kay Lim Construction & Trading Pte Ltd v Hurda Trading Pte Ltd; Ngai Nai Ping Jango v Banshing Industrial Co., (Pte) Ltd.; Korea Shipping Corporation v United Overseas Trade Pte. Ltd.
- Evidential burden
- The obligation on a party to produce enough evidence to raise an issue or to answer the case made against it. Unlike the legal burden of proof, it can shift between the parties as the evidence develops during a trial.
- Topic: Evidence
- Used in 37 cases, including: Thirunavukarasu Manikam v Gumanan s/o Nallathambi and others; The Roe Corporation and others v Berhero Pty Limited (Trading as Acuity Funding); DSS v DST
- Ex parte
- Latin for "on behalf of one side": an application that is heard without the other party being present or told of it beforehand. Current court rules call this an application without notice.
- Topic: Civil procedure
- Used in 27 cases, including: Tan Sze Shan v Gain City Best-Electric Pte Ltd; Ser Kang Wei (Xu Kangwei) and another v Salas Porras Carlos Luis and others; DUP v DUQ
- Excess of jurisdiction
- Where an arbitral tribunal or other decision-maker decides a matter that falls outside the issues the parties submitted to it, or outside its legal powers. An arbitral award, or the affected part of it, can be set aside on this ground.
- Topic: Arbitration
- Used in 19 cases, including: DXX v DXY; DWL v DWM; DVV v DVW
- Exclusion clause
- A contract term that excludes or limits a party's liability, for example for breach of contract or negligence. Courts read such clauses strictly against the party relying on them, and statute may make them subject to a reasonableness test or render them void.
- Also called: exemption clause
- Topic: Contract
- Used in 15 cases, including: Stamford Land Corporation Ltd v United Overseas Bank Limited; Gurpreet Gill Maag v Chubb Insurance Singapore Limited; Low Jun Hong and others v Hong Qi Yu and another
- Exclusive jurisdiction clause
- A contract term by which the parties agree that their disputes will be decided only by the courts of a named country. A court will usually stay proceedings brought elsewhere in breach of it unless strong cause is shown.
- Topic: Conflict of laws
- Used in 14 cases, including: Artem Ibragimov v Liu Xun; Vanbo Investments Pte Ltd v ph. AG and another; Welton International Enterprises Pte. Ltd. and others v Averis Pte. Ltd. and others
- Executor
- A person named in a will to carry out its terms by collecting the deceased's assets, paying debts and expenses, and distributing what remains to the beneficiaries; the executor's authority comes from the will and is confirmed by a grant of probate.
- Topic: Probate and administration
- Used in 24 cases, including: Lin Tze Kin (Suing as Co-Executor of the Estate of Tan Ah Kar, Deceased) and another v Lim Sze Eng and another; Yap Siu Cheng v Yap Sui Cheng Wendy and another; YHJ v YHK and others
- Exemplary damages
- Damages awarded to punish a defendant for outrageous conduct and to deter similar conduct, beyond what is needed to compensate the claimant. They are available in tort only in exceptional cases and are not awarded for breach of contract.
- Also called: punitive damages
- Topic: Damages
- Used in 4 cases, including: Lim Soon Hing v Lim Beng Wee, Simon and another; Diana Foo v Woo Mui Chan; Syed Suhail bin Syed Zin and others v Attorney General
- Expectation loss
- The loss measured by what a party would have gained had a contract been performed as promised. Damages on this basis aim to put the innocent party, as far as money can, in the position it would have been in if the contract had been performed.
- Also called: expectation damages
- Topic: Damages
- Used in 12 cases, including: Fagumuda v Oktay Sahin; Sea-Dragon Marine Services Pte Ltd v Mansoor s/o Tayabbhai Gandhi and another; Lam, Kin Hing Kenneth v Yung, Man Tung
- Expert evidence
- Opinion evidence from a person with specialised knowledge gained through training, study or experience, given to help the court on matters outside ordinary knowledge. Under the Evidence Act 1893 such opinion is relevant, but the court decides how much weight to give it, and an expert owes a duty to assist the court impartially.
- Topic: Evidence
- Used in 76 cases, including: Eg Development Pte. Ltd. v Our Cocomo Pte. Ltd. and another; Underwater Diving Operators Pte Ltd v Dundee Marine & Industrial Services Pte Ltd; Kua Li Chuen v Lim Ten Yu
- Express term
- A term of a contract that the parties have actually stated, whether orally or in writing, as distinct from an implied term, which the law, custom or the court reads into the contract to fill a gap the parties left.
- Topic: Contract
- Used in 10 cases, including: Cai Yanhong v Prudential Assurance Company Singapore; Stamford Land Management Pte Ltd v Nur Aniza binte Mohd Shah; Steven Kurniawan Prayitno v Oh Chin Ann and others
- Express trust
- A trust deliberately created by the owner of property, by words or conduct, which requires certainty of intention to create a trust, certainty of the property subject to it, and certainty of the beneficiaries or objects.
- Topic: Trusts
- Used in 25 cases, including: Fereydoon Mossanen and others v Julius Baer Trust Company (Singapore) Limited; Parastate Labs, Inc. v Wang Li and others; Chang Yiuw Choon and others v Chong Yiuw Tham and another
- Extended doctrine of res judicata
- The rule, based on abuse of process, that a party may not raise in later proceedings a claim, defence or point that could and should have been raised in earlier proceedings, including an arbitration. Whether it applies is judged broadly on all the circumstances; the parties to the two proceedings need not be the same.
- Topic: Res judicata
- Used in 23 cases, including: Romy Ingrid Castel and others v Investment Beverage Business Management Pte. Ltd. and others; Djony Gunawan v Christina Lesmana; YCD v YCE
- Extension of time
- More time, granted by a court or allowed under a contract, to do something after the original deadline, such as filing a document or bringing an appeal, or completing building works.
- Topic: Civil procedure
- Used in 64 cases, including: Gylet Lift (M&S) Private Limited and another v Yeoh Seok Kian and others; Far Ocean Sea Products Pte Ltd v United Overseas Insurance Limited; Shaw Towers Realty (Pte) Limited v Chief Assessor
F
- Fair comment
- A defence to defamation for an honest expression of opinion, recognisable as comment rather than fact, on a matter of public interest and based on facts that are true or privileged; it fails if the claimant proves malice.
- Topic: Tort
- Used in 9 cases, including: CWL Facilities Management Pte Ltd and another v Tan Eng Huat; Asia Excel Pte Ltd v Chua Poh Hiok; Boido Riccardo v Alayne Wong Ee Lian
- False imprisonment
- A civil wrong committed when a person intentionally and without lawful justification restrains another completely, so that the other cannot leave an area the first person has fixed, however briefly.
- Topic: Tort
- Used in 2 cases: Mah Kiat Seng v Suresh Saundrapandian and others; Mah Kiat Seng v Attorney-General and others
- Family violence
- Harmful conduct against a family member as defined in the Women's Charter 1961, such as causing or threatening hurt, wrongful confinement, continual harassment, and sexual, emotional or psychological abuse. A court may make a personal protection order to restrain it, with an expedited order available in urgent cases.
- Topic: Family law
- Used in 24 cases, including: YKE v YKF; YJW v YJX; YIP v YIQ
- Fiduciary duty
- A duty of loyalty owed by a person who has undertaken to act for another in a relationship of trust and confidence, such as a trustee, company director or agent. It requires acting in good faith, not profiting from the position without consent and avoiding conflicts of interest.
- Also called: fiduciary duties; fiduciary obligation; fiduciary obligations
- Topic: Equity
- Used in 69 cases, including: Shenning Heritage Capital VCC v David Hiah and others; Parastate Labs, Inc. v Wang Li and others; Goh bin Seng v Yeo Neng Jian Stephen and others
- Foreign judgment
- A judgment given by a court of another country. In Singapore it can be enforced by registration under a statute where one applies, such as the Reciprocal Enforcement of Foreign Judgments Act 1959, or otherwise by bringing a fresh claim on the judgment at common law.
- Topic: Conflict of laws
- Used in 17 cases, including: Venetian Macau Limited v Hu Yangning; Xiamen Tonghin Furniture Industries Co Pte Ltd v Goh Heng Tee; Goh Heng Tee v Xiamen Tonghin Furniture Industries Co Pte Ltd
- Forgery
- Under section 463 of the Penal Code 1871, making a false document or electronic record with intent to cause damage or injury, to support a claim or title, to make a person part with property or enter a contract, or to commit fraud. A civil court may also find a document forged when deciding a dispute, with no charge brought.
- Topic: Criminal law
- Used in 19 cases, including: Fagumuda v Oktay Sahin; Soh Yuan-Yi v Public Prosecutor; DZD v DZE
- Forum non conveniens
- Latin for "an inconvenient forum": the principle that a court may stay proceedings before it, or refuse permission to serve a claim abroad, where a court in another country is clearly more appropriate to decide the dispute.
- Topic: Conflict of laws
- Used in 36 cases, including: Artem Ibragimov v Liu Xun; XTQ v XTR; Twitter Asia Pacific Pte. Ltd. v Media Matters for America
- Fraudulent misrepresentation
- A false statement of fact made knowingly, without belief in its truth, or recklessly as to whether it is true, intending the other party to rely on it. It gives rise to a claim in the tort of deceit and allows the misled party to rescind the contract and recover damages.
- Topic: Contract
- Used in 58 cases, including: Fagumuda v Oktay Sahin; Low Siong Ngo v Goh Mei Loon; Ngai Nai Ping Jango v Banshing Industrial Co., (Pte) Ltd.
- Fresh evidence
- Evidence not before the lower court that a party asks an appellate court to admit. It is generally admitted only if it could not have been obtained with reasonable diligence for the earlier hearing, would probably have an important influence on the result, and is apparently credible.
- Topic: Evidence
- Used in 51 cases, including: Hong Seh Motors Pte Ltd v Rynenation Pte. Ltd. and others; Rachmat Hidayat bin Edy Juju v Public Prosecutor; JFE v JFF
- Frustration
- The doctrine that a contract ends automatically when, without either party's fault, an event after it was made makes performance impossible or radically different from what was agreed. Both parties are released from future performance, and the Frustrated Contracts Act 1959 adjusts payments already made.
- Also called: doctrine of frustration
- Topic: Contract
- Used in 7 cases, including: DWE v DWF; GE Vernova Parts & Products GmbH v Anlima Meghnaghat Power Plant Limited and another; Ai MTBL SPV, LLC v MTBL Global Fund and another
- Full and frank disclosure
- The duty to put every material fact before the court, including facts that count against the party making the disclosure. It binds a party who asks for an order without the other side present, and a spouse in divorce or maintenance proceedings, who must disclose all assets and income.
- Topic: Injunctions
- Used in 54 cases, including: Ser Kang Wei (Xu Kangwei) and another v Salas Porras Carlos Luis and others; DUP v DUQ; Romy Ingrid Castel and others v Investment Beverage Business Management Pte. Ltd. and others
- Functus officio
- Latin for "having performed one's office": the principle that once a court, tribunal, arbitrator or other body has given its final decision on a matter, or its power to act has lapsed (for example when a statutory time limit runs out), it has no further power to reopen or change it, apart from narrow exceptions such as correcting clerical slips.
- Topic: Civil procedure
- Used in 12 cases, including: Jason Aleksander Kardachi and another v Deepak Mishra and others; South Pacific Oil Limited v Pacific Islands Energy Pte Ltd; Vivaz Group Holdings Pte. Ltd. v Tripleone (Cambodia) Investment Pte. Ltd.
G
- General damages
- Damages for loss that cannot be calculated exactly in money and that the law presumes flows from the wrong, such as pain and suffering in a personal injury claim, or loss of reputation and hurt feelings in defamation; the court assesses a fair sum.
- Topic: Damages
- Used in 32 cases, including: CWL Facilities Management Pte Ltd and another v Tan Eng Huat; Kua Li Chuen v Lim Ten Yu; Haweina Trading Co Ltd v Bling Blink SG Pte Ltd and another
- General deterrence
- A sentencing aim of discouraging other people in the community from committing similar offences, by showing through the sentence that such conduct will be punished firmly.
- Topic: Criminal procedure and sentencing
- Used in 41 cases, including: Public Prosecutor v De Villar Rizalyn Panganiban 2026 SGDC332; Public Prosecutor v Talukdar Abul Kalam; Public Prosecutor v Seh Sui Sim
- Goods and services tax
- A tax on the supply of goods and services in Singapore and on imports, charged under the Goods and Services Tax Act 1993; a registered business charges output tax on its taxable supplies and may generally claim back input tax paid on its business purchases.
- Also called: GST
- Topic: Revenue law
- Used in 14 cases, including: Public Prosecutor v Khoo Eng Ching; BP Projects Pte Ltd v One Wind Pte Ltd and others; Commersol Commodities Pte. Ltd. v The Comptroller of Goods and Services Tax
- Governing law
- The system of law that applies to a contract or other legal relationship, either chosen by the parties, often in a governing law clause, or identified by the court using conflict-of-laws rules where no choice was made.
- Topic: Conflict of laws
- Used in 19 cases, including: Aqcel Synergies (Hong Kong) Limited v Liberty Industries Holdings Pte. Ltd.; Twitter Asia Pacific Pte. Ltd. v Media Matters for America; Medipas LLC and another v Erdenet Mining Corporation SOE
- Grant of probate
- An order of the court under the Probate and Administration Act 1934 that confirms a will as valid and authorises the executor named in it to administer the deceased person's estate.
- Also called: probate
- Topic: Probate and administration
- Used in 9 cases, including: YHJ v YHK and others; XVQ v XVR and another; XGP
- Gratification
- In corruption law, the benefit corruptly given, offered or received as an inducement or reward. The Prevention of Corruption Act 1960 defines it broadly to include money, gifts, loans, fees, commissions, property, employment, services and other favours or advantages.
- Topic: Criminal law
- Used in 17 cases, including: Public Prosecutor v Tay Chun Hsiong and Fang Yih Uei; Public Prosecutor v Ahmad Faraz; Public Prosecutor v Yeo Chee Hong
- Grievous hurt
- Hurt of a serious kind listed in section 320 of the Penal Code 1871, including death, fracture or dislocation of a bone, permanent loss of sight or hearing, permanent disfigurement of the head or face, and hurt that endangers life or leaves the victim in severe pain or unable to follow ordinary pursuits for 20 days.
- Topic: Criminal law
- Used in 24 cases, including: Public Prosecutor v Poovalai Thevar Kathiravannethi; Public Prosecutor v Lim Teng How (Lin Shenghao); Public Prosecutor v Indran Pillay 2026 SGDC 212
- Guarantee
- A promise by one person (the guarantor) to answer for another person's debt or obligation if that other person fails to meet it. The guarantor's liability is secondary to the principal debtor's, and under the Civil Law Act 1909 a guarantee must be evidenced in writing signed by the guarantor to be enforceable.
- Topic: Credit and security
- Used in 34 cases, including: DWL v DWM; Ric Dormitory (SG) Pte. Ltd. v H8 Holdings Pte. Ltd.; Ethoz Capital Ltd v Goken Aesthetics Practice Pte. Ltd. and others
- Guilty plea
- An accused person's formal admission in court to the offence charged. Before accepting it, the court must be satisfied that the accused understands the nature and consequences of the plea and intends to admit the offence without qualification. An early guilty plea is often treated as a mitigating factor in sentencing.
- Also called: plea of guilty
- Topic: Criminal procedure and sentencing
- Used in 110 cases, including: Public Prosecutor v Razak Bin Mohamed Lazim; Public Prosecutor v Jayaraman s/o Ramasamy; Public Prosecutor v Lim Teng How (Lin Shenghao)
H
- Hearsay
- A statement made outside court that is offered as proof that what it says is true. It is generally not admitted as evidence unless the law allows it, for example for certain business records.
- Also called: hearsay evidence
- Topic: Evidence
- Used in 58 cases, including: The "VAYU" (formerly known as "QIAN TAI 1"; Parastate Labs, Inc. v Wang Li and others; Oon Koon Cheng and another v Li Hua
I
- Illegality
- The doctrine under which a court may refuse to enforce a contract, or to allow a claim, where the contract or its performance involves breaking a statute or is contrary to public policy. Whether money or property already transferred can be recovered depends on further rules.
- Topic: Contract
- Used in 32 cases, including: Oon Koon Cheng and another v Li Hua; Ethoz Capital Ltd v Goken Aesthetics Practice Pte. Ltd. and others; Medipas LLC and another v Erdenet Mining Corporation SOE
- Implied term
- A term not expressly stated in a contract but treated as part of it, either because the law, a statute or custom implies it into all contracts of that kind, or because it is needed to fill a gap the parties did not foresee.
- Topic: Contract
- Used in 55 cases, including: Fagumuda v Oktay Sahin; Eg Development Pte. Ltd. v Our Cocomo Pte. Ltd. and another; Underwater Diving Operators Pte Ltd v Dundee Marine & Industrial Services Pte Ltd
- Imprisonment in default
- A term of imprisonment that a court orders an offender to serve if a fine, or another sum such as compensation, is not paid. Serving it ends liability for the unpaid amount it covers, and the Criminal Procedure Code 2010 caps how long it can be.
- Topic: Criminal procedure and sentencing
- Used in 20 cases, including: Public Prosecutor v Steven Gan Teck Guan; Public Prosecutor v Indran Pillay 2026 SGDC 212; Yeo Seong Bee Eric v Public Prosecutor
- Indemnity
- A promise by one person to make good another's loss or liability arising from a stated event, such as a claim by a third party. The word also describes a right to be reimbursed that the law gives in some relationships, such as an agent's right against the principal.
- Topic: Contract
- Used in 49 cases, including: Gurpreet Gill Maag v Chubb Insurance Singapore Limited; Lee Boon Khim and others v Entech Global Solutions Pte. Ltd.; Aquilo Shipping Inc v SRTT Marine Trading & Services Pte Ltd
- Indemnity costs
- A basis for assessing the legal costs one party must pay another that is more generous than the usual standard basis: any doubt about whether a cost was reasonable is resolved in favour of the receiving party. It is often ordered for unreasonable conduct or where a contract provides for it.
- Also called: indemnity basis
- Topic: Civil procedure
- Used in 69 cases, including: Nirmala D/O Thangavellu v Acestes Pte. Ltd.; DWL v DWM; Tjhin Thian Po v Public Prosecutor
- Indirect contribution
- A spouse's contribution to the marriage and family other than paying for matrimonial assets, such as homemaking, caring for children or relatives, and meeting household expenses. When matrimonial assets are divided under the Women's Charter 1961, the court weighs it alongside direct contributions.
- Topic: Family law
- Used in 90 cases, including: YHU v YHV; YGT v YGU; YGN v YGO
- Inducing breach of contract
- A tort committed where a person who knows of a contract between others intentionally persuades or procures one party to break it, without lawful justification, and the other party suffers loss as a result.
- Topic: Tort
- Used in 19 cases, including: HVS Properties Private Limited v Vinod Eashwar; Sain Finance and Transfer Nbfi LLC v E-Solo Print Pte. Ltd. and others; Gurpreet Gill Maag and others v Ian McKee
- Infra petita
- Latin for "below what was sought": where an arbitral tribunal fails to decide an issue or claim that was properly put to it. It can be a ground to set aside the award, usually as a breach of natural justice.
- Topic: Arbitration
- Used in 11 cases, including: DXX v DXY; DVV v DVW; DSQ v DSR
- Inherent jurisdiction
- The authority a superior court holds as a court of law, not given by any statute, to hear and deal with matters where justice requires it. Singapore courts generally separate jurisdiction (the authority to hear a matter) from powers (what the court may do once it hears it), though the two phrases are sometimes used loosely.
- Topic: Courts and jurisdiction
- Used in 8 cases, including: Low Jun Hong and others v Hong Qi Yu and another; WJY v WJZ; Vmax Marine Pte. Ltd. v Singapore Salvage Engineers Pte Ltd
- Inherent powers
- The powers a court has simply because it is a court, rather than under a statute or rule, to control its own process, prevent abuse of that process and do what is needed to ensure justice. The Rules of Court 2021 expressly preserve these powers.
- Topic: Courts and jurisdiction
- Used in 21 cases, including: Ser Kang Wei (Xu Kangwei) and another v Salas Porras Carlos Luis and others; True Yoga Pte Ltd and others v Patrick John Wee Ewe Seng; YCD v YCE
- Interim injunction
- A temporary court order, made before a dispute is finally decided, that stops a party from doing something or requires it to act until trial or further order. It is generally granted where there is a serious question to be tried and the balance of convenience favours it, and the applicant usually undertakes to pay damages if it proves unjustified.
- Also called: interlocutory injunction
- Topic: Injunctions
- Used in 38 cases, including: Noranth Ventures Pte. Ltd. v Loo Kin Ben and another; Romy Ingrid Castel and others v Investment Beverage Business Management Pte. Ltd. and others; DUP v DUQ
- Interim judgment
- The first judgment granted in divorce or nullity proceedings, once the court finds the marriage has irretrievably broken down; the marriage is not yet ended. It can be made final, dissolving the marriage, generally after three months and once ancillary matters such as asset division, maintenance and arrangements for the children are dealt with.
- Also called: interim judgment of divorce
- Topic: Family procedure
- Used in 27 cases, including: YHD v YHE; YHS v YHT; YFY v YFZ
- Interlocutory application
- An application made to the court during proceedings, before the final trial or hearing, to deal with a procedural or interim matter such as production of documents, an injunction, security for costs or an extension of time.
- Topic: Civil procedure
- Used in 15 cases, including: H M Luqman Al Hakim Ang and another v Wonderz Pty Ltd and others; Chong Jorina v Ritz Property Investimentos Imobiliarios LTDA and another; Ec-Council Pte Ltd v WPP Singapore Pte Ltd
- Interlocutory judgment
- A judgment, including one entered by consent or in default, that decides liability or declares rights but leaves damages, an account or another matter to be decided later.
- Topic: Civil procedure
- Used in 20 cases, including: Mobot Pte. Ltd. v The Management Corporation Strata Plan No. 4067; Baek Jongwoo v John s/o Susaretnam; Purpose Automobiles Pte Ltd v Wong Li Yan, Virginia and another
- Interrogatories
- Written questions that one party to a civil case, usually with the court's permission, requires another party to answer on oath, to obtain facts relevant to the dispute. They belong mainly to the former Rules of Court; the current rules make no general provision for them.
- Topic: Civil procedure
- Used in 5 cases, including: YBU v YBV; Oro Negro Drilling Pte. Ltd. and others v Integradora De Servicios Petroleros Oro Negro, S.A.P.I. De C.V. and others; L’Oreal and another v Shopee Singapore Private Limited
- Issue estoppel
- A form of res judicata that stops a party from reopening an issue of fact or law that a court of competent jurisdiction has already finally decided, on the merits, in earlier proceedings between the same parties or those claiming through them, even where the later claim is different.
- Topic: Res judicata
- Used in 26 cases, including: XTQ v XTR; Djony Gunawan v Christina Lesmana; JKJ v JKK
J
- Joinder
- Bringing an extra party or claim into existing proceedings so that related matters can be decided together. In criminal cases, the word also refers to trying several charges, or several accused persons, at one trial.
- Topic: Civil procedure
- Used in 21 cases, including: Zhang Zhinong and another v Lin Shuying; Twitter Asia Pacific Pte. Ltd. v Media Matters for America; Brocade Investment Pte. Ltd. v Nishiki Holdings Pte. Ltd. and others
- Joint custody
- An arrangement in which both parents share the right and responsibility to make major long-term decisions about a child's upbringing, such as education, religion and serious medical treatment. It is separate from care and control, which concerns who the child lives with day to day, and it is the usual order in Singapore.
- Topic: Family law
- Used in 30 cases, including: YIA v YIB; YHU v YHV; YHN v YHO
- Joint tenancy
- A form of co-ownership in which all the co-owners together own the whole property without separate shares, so that when one dies their interest passes automatically to the survivors rather than under their will. A joint tenancy can be severed, turning it into a tenancy in common.
- Topic: Land
- Used in 19 cases, including: YIJ v YIK; XYK v XYL; Koh You Quan (Executor of the Estate of Ang Geok Kheng) v Koh Hock Meng
- Judgment debt
- A sum of money that a court judgment or order requires one party to pay another. If it is not paid, the person owed it can enforce it, for example through enforcement orders or by starting bankruptcy or winding-up proceedings.
- Topic: Debt and recovery
- Used in 20 cases, including: Nadarajan s/o Chidambaram v Eswari d/o Natarajan; Zhongshan Shengwang Electrical Appliance Co., Ltd. v Phua Kian Chey Colin and another; Zhang Xin v Liu Yingkui
- Judicial management
- A rescue process under the Insolvency, Restructuring and Dissolution Act 2018 in which a judicial manager, appointed by the court or out of court, takes over a company in financial difficulty, aiming to save the company or its business, to get a scheme of arrangement approved, or to achieve a better result for creditors than a winding up.
- Topic: Insolvency law
- Used in 28 cases, including: Mizuho Bank, Ltd. v Radiant World Corporation Pte. Ltd.; DYX v DYY; PT Sri Rejeki Isman Tbk and others
- Judicial manager
- The licensed insolvency practitioner appointed to run a company under judicial management, who manages its affairs, business and property in place of the directors and puts a statement of proposals to the creditors for approval.
- Topic: Insolvency law
- Used in 26 cases, including: Mizuho Bank, Ltd. v Radiant World Corporation Pte. Ltd.; Cameron Lindsay Duncan and others v Amazingtech Pte. Ltd. (Under Interim Judicial Management); USP Group Limited
- Judicial review
- The process by which the High Court checks whether a decision or action of a public body or official was lawful, for example whether it was within its powers, rational and fairly reached. The court reviews how the decision was made, not whether it was the right choice.
- Topic: Administrative law
- Used in 26 cases, including: Tjhin Thian Po v Public Prosecutor; Attorney-General v Ng Kai Hoe Raymond and another; Abe Isaac (Pte) Ltd v Attorney-General
- Just and equitable ground
- A statutory ground on which the court may order a company to be wound up because fairness requires it, even where no other ground applies, for example where the mutual trust between members of a quasi-partnership has broken down or the company's purpose has failed.
- Topic: Companies
- Used in 15 cases, including: Aqcel Synergies (Hong Kong) Limited v Liberty Industries Holdings Pte. Ltd.; Bryan Lim Jun Da v Interior Times (Conquest) Pte. Ltd.; Gan Yuan Hong v Siow Chee Wee and another
K
- Knowing receipt
- A personal liability in equity on a person who receives, for their own benefit, property transferred in breach of trust or fiduciary duty, with knowledge that makes it unconscionable for them to keep it. The recipient must account for the property or its value.
- Topic: Equity
- Used in 15 cases, including: Shenning Heritage Capital VCC v David Hiah and others; Welton International Enterprises Pte. Ltd. and others v Averis Pte. Ltd. and others; Aleksandr Viktorovich Prosetskii v Courtwell Asia Limited and others
L
- Laches
- An equitable defence that bars or limits an equitable remedy where the claimant delayed unreasonably in pursuing it and the delay makes granting relief unjust, for example because the defendant or others changed their position meanwhile. It applies to equitable claims, generally not to claims for which the Limitation Act 1959 sets a fixed period.
- Topic: Equity
- Used in 17 cases, including: Low Siong Ngo v Goh Mei Loon; Lin Tze Kin (Suing as Co-Executor of the Estate of Tan Ah Kar, Deceased) and another v Lim Sze Eng and another; Fauziyah binte Mohd Ahbidin (Executrix of the Estate of Mohamed Ahbideen bin Mohamed Kassim @ Ahna Mohamed Zainal Abidin bin Kassim) and another v Majlis Ugama Islam Singapura
- Lasting power of attorney
- A document made under the Mental Capacity Act 2008 by which a person aged 21 or over, while they have mental capacity, appoints one or more donees to make decisions about their personal welfare, property and affairs, or both, if they later lose capacity. It must be registered with the Public Guardian before it can be used.
- Topic: Mental capacity
- Used in 8 cases, including: YGV v YGW; YET v YEU; XYF v XYG and another
- Lawful means conspiracy
- A tort committed where two or more persons combine with the predominant purpose of causing damage or injury to the claimant, carry out acts under the agreement, and the claimant suffers loss as a result, even if the acts themselves are lawful.
- Topic: Tort
- Used in 17 cases, including: Tan Wee Jin (Chen Weiren) v German Dragons Singapore and others; Tumyu Limited v TLC Northcote Development Limited and others; Prashant Mudgal v SAP Asia Pte. Ltd.
- Legitimate expectation
- An expectation, created by a clear promise or settled practice of a public body, that it will follow a certain procedure or reach a certain result. Courts protect procedural expectations; how far a promised outcome itself can be enforced in Singapore is not settled.
- Topic: Administrative law
- Used in 1 case: Roslan bin Bakar v Attorney-General of Singapore
- Letter of credit
- A bank's promise, made at a buyer's request, to pay a seller once the seller presents documents that strictly match the terms of the credit. The bank's duty to pay is separate from the sale contract and is refused only in narrow cases such as fraud.
- Topic: Banking
- Used in 21 cases, including: GE Vernova Parts & Products GmbH v Anlima Meghnaghat Power Plant Limited and another; Deepak Mishra and another v Rashmi Bothra; Deepak Mishra and another v Rashmi Bothra
- Letters of administration
- An order of the court under the Probate and Administration Act 1934 appointing an administrator to manage and distribute a deceased person's estate where there is no will, or no executor able and willing to act; without a will, the estate passes under the Intestate Succession Act 1967, or under Muslim law for a Muslim.
- Topic: Probate and administration
- Used in 12 cases, including: Cheng Tze Tzuen v Dang Lan Anh; WPA v WPB and others; Chern Chye Keow and another v Roger Peter Ponniah, Administrator of the Estate of John Danaraj Ponniah, deceased
- Lien
- A right to hold on to, or to have a claim against, another person's property until a debt or obligation owed by that person is met. A common law lien is a right to keep goods already in one's possession; an equitable lien, such as an unpaid seller's lien over land, does not depend on possession.
- Topic: Credit and security
- Used in 11 cases, including: Underwater Diving Operators Pte Ltd v Dundee Marine & Industrial Services Pte Ltd; Natixis, Singapore Branch v Seshadri Rajagopalan and others; UT Singapore Services Pte Ltd v Goh Thien Phong and others and another appeal
- Limitation period
- The time limit, set by statute such as the Limitation Act 1959, within which a legal action must be brought, generally six years for contract and tort claims and three years for personal injury claims, counted from when the cause of action accrued or, in some cases, from when the claimant knew of the claim.
- Topic: Limitation of actions
- Used in 48 cases, including: Low Siong Ngo v Goh Mei Loon; Gylet Lift (M&S) Private Limited and another v Yeoh Seok Kian and others; Chua Kim Chuan v HSBC Life (Singapore) Pte. Ltd.
- Liquidated damages
- A sum that a contract fixes in advance as payable if a particular breach occurs, such as a daily rate for late completion. It is enforceable if it is a genuine pre-estimate of the likely loss; a sum that is instead a penalty is not enforceable.
- Topic: Damages
- Used in 15 cases, including: SH Design & Build Pte. Ltd. v Jurong Port Pte Ltd and another; Ap Media Pte. Ltd. v Motor Image Enterprises Pte Ltd; Hong Seh Motors Pte Ltd v Rynenation Pte. Ltd. and others
- Liquidator
- A person appointed to wind up a company, usually under the Insolvency, Restructuring and Dissolution Act 2018 or under the law of the company's home jurisdiction, who takes control of its assets, realises them, investigates its affairs, decides creditors' claims and pays them in the order the law sets, passing any surplus to the members.
- Topic: Insolvency law
- Used in 90 cases, including: Mirror Trading International (Pty) Ltd (In Liquidation) and others; Aqcel Synergies (Hong Kong) Limited v Liberty Industries Holdings Pte. Ltd.; In re oCap Management Pte Ltd (in Liquidation)
- Long statement
- The common name for a detailed statement given by a person to the police or another investigating officer during an investigation, recorded under section 22 of the Criminal Procedure Code 2010. It can later be used as evidence at trial if it was given voluntarily.
- Topic: Criminal procedure and sentencing
- Used in 9 cases, including: Public Prosecutor v Ramachandharan Karthik; Mustaqim Bin Abdul Kadir v Public Prosecutor; Public Prosecutor v Lin Haifeng
- Loss of earning capacity
- A head of damages for the weakened position of an injured person in the job market, awarded where the injury may reduce earnings or job prospects in future but that loss cannot be calculated with enough precision to award loss of future earnings.
- Topic: Damages
- Used in 11 cases, including: Martin Teo Poh Seng (Martin Zhang Baocheng) v Subramanian Arumugam and another; Jong Khee Beng Ainsley v Teo Kim Phang; Chowdhury Jakir v Yu Li Construction & Trading Pte. Ltd. and another
- Loss of future earnings
- A head of damages in a personal injury or fatal accident claim for the income the claimant would have earned after trial if not for the injury, often worked out by multiplying an annual loss by a number of years.
- Topic: Damages
- Used in 10 cases, including: Ng Gino Ernest v Ang Eng Peng; Jong Khee Beng Ainsley v Teo Kim Phang; Chowdhury Jakir v Yu Li Construction & Trading Pte. Ltd. and another
M
- Maintenance order
- A court order requiring a person to pay maintenance to a spouse, former spouse or child, in periodic payments or a lump sum. It can be varied or rescinded if circumstances change, and can be enforced if payments are missed.
- Topic: Family law
- Used in 47 cases, including: YJE v YJF; YGP v YGQ; YGD v YGE
- Management corporation
- The body corporate formed for a strata development when its strata title plan is registered, made up of all the unit owners (subsidiary proprietors), which manages and maintains the common property under the Building Maintenance and Strata Management Act 2004.
- Topic: Land
- Used in 19 cases, including: Management Corporation Strata Title Plan No. 4348 v Daniel Leigh Taylor and others; Boido Riccardo v Alayne Wong Ee Lian; The Management Corporation – Strata Title Plan No. 4502 v Big Boys Bakery Pte. Ltd.
- Mandatory death penalty
- A death sentence the law requires the court to pass on conviction for certain offences, such as trafficking in large quantities of some drugs, unless a statutory alternative sentencing route applies.
- Also called: mandatory death sentence
- Topic: Criminal procedure and sentencing
- Used in 31 cases, including: Public Prosecutor v Thina Vengades Rao; Howe Wen Khong Rocky and others v Attorney-General Chambers; Mohammad Shaffy Bin Hassan v Public Prosecutor
- Mareva injunction
- An order that stops a defendant from moving, hiding or spending assets up to a stated value while a claim is decided, so that any judgment or award the claimant later wins can still be paid. It is usually made by a court, but an arbitral tribunal or emergency arbitrator may also make one.
- Also called: freezing injunction; freezing order
- Topic: Injunctions
- Used in 42 cases, including: Wang Wai Keong (alias Wong Wai Keong) v Yahya Khan s/o Thamim and another; Ser Kang Wei (Xu Kangwei) and another v Salas Porras Carlos Luis and others; Aleksandr Viktorovich Prosetskii v Courtwell Asia Limited and others
- Matrimonial asset
- An asset the court can divide between spouses on divorce under the Women's Charter 1961: broadly, anything either or both acquired during the marriage, plus pre-marriage assets used by the family or substantially improved during the marriage by the other spouse or both. Gifts and inheritances are excluded unless substantially improved that way or a matrimonial home.
- Topic: Family law
- Used in 111 cases, including: YHU v YHV; YGT v YGU; YGN v YGO
- Matrimonial home
- A home the spouses ordinarily lived in together as a family during the marriage. On divorce it is a matrimonial asset under the Women's Charter 1961 even if one spouse acquired it by gift or inheritance, and the court may order it sold, transferred or otherwise dealt with.
- Topic: Family law
- Used in 54 cases, including: XNA v XMZ; YHU v YHV; YGT v YGU
- Matrimonial pool
- All the matrimonial assets of a marriage, identified and valued, that the court divides between the spouses on divorce. Assets found not to be matrimonial assets are kept out of it.
- Topic: Family law
- Used in 71 cases, including: YHD v YHE; YGT v YGU; YGN v YGO
- Mens rea
- Latin for "guilty mind": the mental element of an offence, such as intention, knowledge, rashness or negligence, which the prosecution must prove along with the prohibited act, unless the offence is one of strict liability.
- Topic: Criminal law
- Used in 12 cases, including: Public Prosecutor v Annamalai Kokila Parvathi and Other Appeals; Cairnhill Law LLC v Royal's Engineering & Trading (S) Pte. Ltd.; Abdullah bin Mohammad Kunhi v Public Prosecutor
- Mental capacity
- Under the Mental Capacity Act 2008, a person's ability to make a particular decision when it needs to be made. A person is presumed to have it unless shown otherwise, and lacks it if an impairment of the mind or brain leaves them unable to understand, retain, use or weigh the relevant information, or to communicate the decision.
- Topic: Mental capacity
- Used in 19 cases, including: Director-General of Social Welfare v YDJ; CBB v Wong Tien Leong William; YET v YEU
- Miscarriage of justice
- A serious failure in the outcome of a case, such as a conviction or sentence that is demonstrably wrong or a decision tainted by fraud or a breach of natural justice, which an appeal or review court may correct.
- Topic: Criminal procedure and sentencing
- Used in 34 cases, including: Yeo Liang Hou v Public Prosecutor; Sanjay Krishnan v Attorney-General; Dineshkumar Sambusivam v Public Prosecutor
- Misrepresentation
- A false statement of fact by one party that induces another to enter a contract, or on which another relies and suffers loss. Depending on whether it was made fraudulently, negligently or innocently, the misled party may rescind the contract or claim damages, under the Misrepresentation Act 1967 or in tort (deceit or negligent misrepresentation).
- Topic: Contract
- Used in 58 cases, including: Fagumuda v Oktay Sahin; Wendy Danubrata v J+f Private Limited and another; Chander Agarwal v Lee Xiu Hui Felicia
- Mitigating factor
- A fact or circumstance about an offence or offender that tends to reduce the sentence, such as an early guilty plea, genuine remorse, cooperation with the authorities or a minor role in the offence.
- Topic: Criminal procedure and sentencing
- Used in 44 cases, including: Public Prosecutor v Talukdar Abul Kalam; Public Prosecutor v Ahmed Jubaer Uddin; Public Prosecutor v Lee Jia Ming
- Model Law
- A model statute prepared by the United Nations Commission on International Trade Law (UNCITRAL). Usually the Model Law on International Commercial Arbitration, given force in Singapore by the International Arbitration Act; in insolvency cases, the Model Law on Cross-Border Insolvency, given force by the Insolvency, Restructuring and Dissolution Act 2018 to recognise foreign insolvency proceedings.
- Also called: UNCITRAL Model Law; Model Law on Cross-Border Insolvency
- Topic: Arbitration
- Used in 59 cases, including: DXX v DXY; DZD v DZE; Bangladesh Rural Electrification Board v Kse Electricals Pte. Ltd. (India)
- Money laundering
- Dealing with property that represents the benefits of criminal conduct, for example by concealing, converting, transferring or removing it, or helping another person keep it, while knowing or having reasonable grounds to believe what it is. The main Singapore offences are in the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992.
- Topic: Criminal law
- Used in 17 cases, including: Public Prosecutor v PP v. Mohamed Shameer Bin Mohamed Ibrahim; Public Prosecutor Against Loy Wei Ezekiel and Gian Juat Ngim; Public Prosecutor v Yeong Poh Chin
- Moratorium
- In insolvency, a stay, either automatic or ordered by the court, that stops creditors for a period from starting or continuing legal proceedings or enforcement against a debtor, giving room for a rescue or an orderly realisation, such as during judicial management or while a scheme of arrangement is proposed.
- Topic: Insolvency law
- Used in 27 cases, including: Energe Asia Pte. Ltd.; MM2 Asia Ltd.; ArcelorMittal Holdings AG v Liberty House Group Pte Ltd
- Mortgage
- A form of security in which a borrower (the mortgagor) gives a lender (the mortgagee) rights over property, often land, to secure repayment of a debt. If the debt is not repaid as agreed, the mortgagee may enforce the security, for example by taking possession of the property or selling it.
- Topic: Credit and security
- Used in 58 cases, including: YHD v YHE; YFY v YFZ; Re Da Shun Shipping (Pte.) Ltd.
- Murder
- Culpable homicide within section 300 of the Penal Code, such as causing death intending to kill, or intending bodily injury sufficient in the ordinary course of nature to cause death, unless an exception such as grave and sudden provocation applies. Murder with intent to kill carries the mandatory death penalty; attempted murder (section 307) is a separate offence without it.
- Topic: Criminal law
- Used in 12 cases, including: Public Prosecutor v Nguyen Ngoc Giau; Public Prosecutor v Chong Shiong Hui; Public Prosecutor v Ong Eng Siew
N
- Natural justice
- The basic rules of fair procedure that a court, tribunal or other decision-maker must follow: each side must have a fair chance to be heard, and the decision-maker must not be biased or appear to be biased.
- Also called: rules of natural justice
- Topic: Administrative law
- Used in 95 cases, including: DXX v DXY; DWL v DWM; DVV v DVW
- Negligence
- A tort in which a person who owes another a duty of care breaches it by falling below the required standard of care, causing damage that is not too remote; in criminal law, a failure to take reasonable care that forms part of some offences.
- Topic: Tort
- Used in 68 cases, including: Underwater Diving Operators Pte Ltd v Dundee Marine & Industrial Services Pte Ltd; Stamford Land Management Pte Ltd v Nur Aniza binte Mohd Shah; Lim Mien Lee v T. S. & T. Construction Pte Ltd
- Negligent misrepresentation
- A false statement made carelessly by someone who owed the listener a duty of care, on which the listener reasonably relied and suffered loss; it can give a claim in tort and, where it induced a contract, remedies under the Misrepresentation Act 1967.
- Topic: Tort
- Used in 36 cases, including: Ngai Nai Ping Jango v Banshing Industrial Co., (Pte) Ltd.; Wendy Danubrata v J+f Private Limited and another; Thirunavukarasu Manikam v Gumanan s/o Nallathambi and others
- Nominal damages
- A small sum awarded where a legal right has been infringed, such as by a breach of contract or a tort actionable without proof of loss, but the claimant has not proved any real loss.
- Topic: Damages
- Used in 35 cases, including: Tan Seng Kiat v Lim Kim Wee Nigel; Korporatio Sing Pte. Ltd. v Wong Suet Mei, Michelle; The Management Corporation – Strata Title Plan No. 4502 v Big Boys Bakery Pte. Ltd.
- Notice of appeal
- The document a party files to start an appeal to a higher court against a decision. It must be filed and served within the time limit set by the rules, and a late appeal needs the court's permission to extend time.
- Topic: Civil procedure
- Used in 24 cases, including: Shaw Towers Realty (Pte) Limited v Chief Assessor; Santos-Tumalip Maria Monalyn Bagaporo v Public Prosecutor; DRH v DRI
O
- Offer to settle
- A formal written offer by one party to end a civil case on stated terms. If it is refused and the final result is no better for the party who refused, the court can order costs against that party.
- Topic: Civil procedure
- Used in 13 cases, including: Nirmala D/O Thangavellu v Acestes Pte. Ltd.; Wen Hanrong v Huationg Contractor Pte Ltd and another; XHG v XHH
- Oppression
- In company law, a claim under section 216 of the Companies Act 1967 by a member or debenture holder that the company's affairs are being conducted, or directors' powers used, oppressively, in disregard of their interests, or in a way unfairly prejudicial to them. The court may then make wide orders, such as a share buy-out.
- Also called: minority oppression
- Topic: Companies
- Used in 36 cases, including: Goh bin Seng v Yeo Neng Jian Stephen and others; Ric Dormitory (SG) Pte. Ltd. v H8 Holdings Pte. Ltd.; Leow Hock Soon and another v Chew Eik Khoon and others
- Option to purchase
- A contract by which a property owner, in return for an option fee, gives a prospective buyer the exclusive right to buy the property on stated terms within a fixed period. A binding contract of sale arises only when the buyer exercises the option in the manner it requires.
- Topic: Land
- Used in 12 cases, including: YFF v YFG and another; Ong Hock Lye and another v Chew Lelian (Zhuo Lilian); Kwon Do Hyeong v Covenson Pte Ltd
- Outrage of modesty
- Under section 354 of the Penal Code 1871, the offence of assaulting or using criminal force on a person, intending or knowing it to be likely that this will outrage that person's modesty. Heavier penalties apply where the victim is below 14 years of age or where hurt is caused.
- Also called: outraging modesty
- Topic: Criminal law
- Used in 37 cases, including: Public Prosecutor v Muhamad Adil Bin Saidin; Public Prosecutor v DEK; Public Prosecutor v JGO
P
- Pain and suffering
- A head of general damages in a personal injury claim for the physical pain and mental distress caused by the injury, usually assessed together with loss of amenity.
- Topic: Damages
- Used in 10 cases, including: Martin Teo Poh Seng (Martin Zhang Baocheng) v Subramanian Arumugam and another; Kua Li Chuen v Lim Ten Yu; Wen Hanrong v Huationg Contractor Pte Ltd and another
- Pari passu
- Latin for "with equal step": the principle that claimants of equal rank share rateably in a fund too small to pay them all in full, each in proportion to their claim. The commonest example is unsecured creditors sharing an insolvent's assets after secured and preferential claims; another is victims sharing seized money in a disposal inquiry.
- Topic: Insolvency law
- Used in 13 cases, including: Tamara Sweren v Estate of the late Lawrence Solomon; Shree Ramkrishna Exports Pvt. Ltd. and others v J. G. Jewelry Pte. Ltd.; UT Singapore Services Pte Ltd v Goh Thien Phong and others and another appeal
- Passing off
- A common law tort protecting the goodwill of a business against a misrepresentation by another trader, usually that its goods or services are, or are connected with, the claimant's, which damages or is likely to damage that goodwill.
- Topic: Intellectual property
- Used in 10 cases, including: The Beauty Nation Pte. Ltd. v Herbs Health Ben Cao Kang Mu Pte. Ltd. and another; Ng Say Keong v Jia Le Aluminium Pte. Ltd. and another; Yang Qiang and another v Gallop APAC Pte Ltd and others
- Patent
- A right granted under the Patents Act 1994 giving its owner, for a limited period, generally up to 20 years from filing, the exclusive right to exploit an invention that is new, involves an inventive step and is capable of industrial application, in exchange for disclosing it publicly.
- Topic: Intellectual property
- Used in 8 cases, including: Salutica Allied Solutions Sdn Bhd v Apple South Asia Pte. Ltd.; Zyfas Medical Co (Sued as a firm) v Millennium Pharmaceuticals, Inc. and another; Ng Say Keong v Jia Le Aluminium Pte. Ltd. and another
- Payment claim
- A claim for a progress payment that a contractor or supplier serves under Singapore's security of payment law for the building industry. It starts the statutory process, and the other party must answer with a payment response within set time limits.
- Topic: Building and construction law
- Used in 10 cases, including: Kingsmen Exhibits Pte Ltd v Regalrare Gem Museum Pte. Ltd.; CGS Construction Pte Ltd v Quek & Quek Civil Engineering Pte Ltd; Hiap Seng Building Construction Pte Ltd v Hock Heng Seng Contractor Pte Ltd
- Penalty clause
- A contract term requiring a party in breach to pay a sum that is not a genuine pre-estimate of the likely loss but is meant to deter breach. Singapore courts apply the rule only to sums payable on breach and will not enforce such a clause, leaving the innocent party to prove its actual loss.
- Also called: penalty rule
- Topic: Contract
- Used in 17 cases, including: Ap Media Pte. Ltd. v Motor Image Enterprises Pte Ltd; Hong Seh Motors Pte Ltd v Rynenation Pte. Ltd. and others; Equation Recycling Pte. Ltd. v Leading Bio-Energy (S) Pte. Ltd.
- Performance bond
- A guarantee, usually from a bank or insurer, given on a contractor's behalf to secure the contractor's performance. If it is payable on demand, the beneficiary can call on it without proving default, and a call is restrained only for fraud or unconscionability.
- Topic: Building and construction law
- Used in 15 cases, including: DWL v DWM; SH Design & Build Pte. Ltd. v Jurong Port Pte Ltd and another; Tradesmen Pte Ltd v Ten-League Corporations Pte. Ltd.
- Permission to appeal
- Approval from a court that some appeals need before they can go ahead, for example where the amount in dispute is small. It is usually given only for an arguable error, a new point of principle or a question of public importance.
- Also called: leave to appeal
- Topic: Civil procedure
- Used in 58 cases, including: Mah Kiat Seng v Suresh Saundrapandian and others; Eomer Holding Pte Ltd v Junie Lim Lay Peng and another; Golden Mango Pte. Ltd. v Sudip Bijay Dutta and another
- Personal protection order
- A Family Court order that forbids a person from using family violence against a family member. The court makes one where family violence has been or is likely to be committed and the order is necessary for protection.
- Also called: PPO
- Topic: Family law
- Used in 26 cases, including: YKE v YKF; YJW v YJX; YIP v YIQ
- Pleadings
- The formal written documents in which each party to a civil case sets out the facts it relies on, such as the statement of claim and the defence. They define the issues the court has to decide.
- Topic: Civil procedure
- Used in 116 cases, including: Artem Ibragimov v Liu Xun; Jason Yan Zixiang v James Fong Jing Xiong; CWL Facilities Management Pte Ltd and another v Tan Eng Huat
- Pledge
- A form of security in which goods, or documents of title to goods, are delivered into a creditor's possession as security for a debt; the owner keeps ownership, and if the debt is not paid the creditor may sell them after giving notice. Shares given as security, often under a share pledge, are also commonly said to be pledged.
- Topic: Credit and security
- Used in 6 cases, including: Valency International Pte Ltd v JSW International Tradecorp Pte Ltd and others; Valency International Pte Ltd v JSW International Tradecorp Pte Ltd and others; Victory International Holdings Pte Ltd v Cosimo Borrelli and another
- Possession for the purpose of trafficking
- Under section 5(2) of the Misuse of Drugs Act 1973, having a controlled drug in one's possession for the purpose of trafficking in it, which counts as the offence of trafficking itself. The prosecution must prove possession, knowledge of the drug's nature and the trafficking purpose, though statutory presumptions may apply.
- Topic: Criminal law
- Used in 24 cases, including: Abdullah bin Mohammad Kunhi v Public Prosecutor; Mohammad Shaffy Bin Hassan v Public Prosecutor; Public Prosecutor v Khalid Bin K K Mohamad
- Post-judgment interest
- Interest that runs on a judgment debt from the date of judgment until the debt is paid, usually at a standard rate set by the courts unless the court orders otherwise.
- Topic: Damages
- Used in 11 cases, including: Ripple Markets APAC Pte. Ltd. v I-Remit, Inc. and others; Ng Soon Hin v Eugene Loh; United Overseas Bank Limited v Lippo Marina Collection Pte. Ltd.
- Power of attorney
- A formal written document by which one person (the donor) gives another (the attorney) legal authority to act on the donor's behalf, for example to sign documents, deal with property or manage bank accounts.
- Topic: Agency
- Used in 6 cases, including: Romy Ingrid Castel and others v Investment Beverage Business Management Pte. Ltd. and others; The Law Society of Singapore v Chen Kok Siang Joseph; Marketlend Pty Ltd v QBE Insurance (Singapore) Pte. Ltd.
- Pre-judgment interest
- Interest a court may add to a sum of money it awards, covering the period before judgment during which the successful party was kept out of the money. Whether to award it, and from when, is for the court to decide.
- Topic: Damages
- Used in 18 cases, including: Shipworks Engineering Pte Ltd and another v Sembcorp Marine Integrated Yard Pte Ltd and another and another appeal; United Overseas Bank Limited v Lippo Marina Collection Pte. Ltd.; Full Support Healthcare Limited v Smart Glove International Pte. Ltd.
- Presumption of advancement
- A rebuttable presumption that a person who transfers property to, or pays for property in the name of, someone they are expected to provide for, such as a husband to his wife or a parent to a child, intended a gift; it displaces the presumption of a resulting trust.
- Topic: Trusts
- Used in 16 cases, including: YJO v YJP; XZC v XZD; Ng Chee Tian and another v Ng Chee Pong and others
- Presumption of innocence
- The principle that an accused person is treated as innocent unless and until the prosecution proves guilt beyond reasonable doubt. Some statutes create specific presumptions that place on the accused the burden of disproving a particular fact.
- Topic: Evidence
- Used in 2 cases: Jumaat bin Mohamed Sayed and others v Attorney-General; Hamzah bin Ibrahim v Public Prosecutor
- Presumption of knowledge
- A presumption in section 18(2) of the Misuse of Drugs Act 1973 that a person proved or presumed to possess a controlled drug knew the nature of that drug. The accused may rebut it by proving, on a balance of probabilities, that they did not know.
- Topic: Criminal law
- Used in 18 cases, including: Public Prosecutor v Thina Vengades Rao; Low Sze Song v Public Prosecutor; Tan Jinxian v Public Prosecutor
- Presumption of trafficking
- A presumption in section 17 of the Misuse of Drugs Act 1973 that a person proved to have possessed more than a set quantity of a controlled drug had it for the purpose of trafficking. The accused may rebut it by proving, on a balance of probabilities, that the drug was not for trafficking.
- Topic: Criminal law
- Used in 11 cases, including: Abdullah bin Mohammad Kunhi v Public Prosecutor; Public Prosecutor v Khalid Bin K K Mohamad; Public Prosecutor v Muhammad Hanafi Bin Abdul Talip and Mohamed Nagib Bin Awang
- Prima facie case
- Evidence that, if accepted and not answered, would be enough to establish a claim or charge. In a criminal trial, the court calls on the accused to give a defence only if, at the close of the prosecution's evidence, there is some credible evidence on every element of the charge.
- Topic: Evidence
- Used in 70 cases, including: H M Luqman Al Hakim Ang and another v Wonderz Pty Ltd and others; Boido Riccardo v Alayne Wong Ee Lian; Thirunavukarasu Manikam v Gumanan s/o Nallathambi and others
- Probation
- A court order under the Probation of Offenders Act 1951 that releases an offender under supervision, for between six months and three years, instead of imposing a sentence, usually with conditions. It is generally not available where the law prescribes a fixed or mandatory minimum sentence, subject to limited exceptions for young offenders.
- Topic: Criminal procedure and sentencing
- Used in 22 cases, including: Mohamed Erzan Taib Zohri v Public Prosecutor; Galvez Mary Joe Blanco v Public Prosecutor; Public Prosecutor v JKG
- Production of documents
- Making relevant documents available to the other party or the court for inspection. Under the current Rules of Court, it is the name for the process formerly called discovery, under which parties must produce documents they rely on and those that harm their own case.
- Topic: Civil procedure
- Used in 37 cases, including: The Roe Corporation and others v Berhero Pty Limited (Trading as Acuity Funding); Arief Purwada and others v Arianto Purwada and others; James Jonathan v Adel Ng
- Professional misconduct
- Conduct by a member of a profession, such as a lawyer or doctor, that falls seriously short of the standards expected of that profession and can attract disciplinary sanctions. For lawyers, the grounds for sanction are set out in the Legal Profession Act 1966.
- Topic: Legal profession
- Used in 23 cases, including: The Law Society of Singapore v Ng Kai Ming; The Law Society of Singapore v Lim Tean; CBB v Wong Tien Leong William
- Progress payment
- A payment made in stages during a construction project for work done or goods and services supplied up to that point, rather than one payment at the end. Singapore's security of payment law gives a statutory right to such payments.
- Topic: Building and construction law
- Used in 5 cases, including: Tid Plus Design Pte Ltd v Kwek Seng Wee John; Hiap Seng Building Construction Pte Ltd v Hock Heng Seng Contractor Pte Ltd; Ching Hwa Ming (Qin Huaming) v Public Prosecutor
- Promissory estoppel
- An equitable doctrine that prevents a party from going back on a clear promise or assurance that it would not enforce its strict legal rights, where the other party relied on it and going back would be inequitable. It usually suspends rather than ends those rights and generally works as a defence, not a cause of action.
- Topic: Equity
- Used in 10 cases, including: Aerospace Solutions Enterprises Pte. Ltd. v Low Eng Wah (Liu Ronghua); DWJ v DWK; Huttons Asia Pte Ltd v Oh My Suites Pte Ltd
- Proof of debt
- A creditor's formal written claim, with supporting documents, lodged with the liquidator, judicial manager, scheme manager or trustee in bankruptcy, so that the claim can be admitted and the creditor can vote or share in any distribution.
- Topic: Insolvency law
- Used in 29 cases, including: Goh Seng Heng v Official Assignee; Re See Chuen Lim, Alvin (Shu Quanlin, Alvin); Jetstar Asia Airways Pte. Ltd.
- Proprietary estoppel
- An equitable doctrine that applies where a property owner encourages or allows another to believe they have or will acquire a right in the property, and that person relies on the belief to their detriment. The owner may be prevented from denying the right, and the court decides what remedy satisfies the equity; it can found a claim.
- Topic: Equity
- Used in 5 cases, including: Ho Soo Fong and another v Ho Soo Tong and others; Hajjah Noor Jehan Binte Mohamed Ghouse v Nur Fairuz Magnus; Rita Kishinchand Bhojwani v HVS Properties Private Limited and others
Q
- Qualified privilege
- A defence to defamation for statements made on an occasion where the maker has a legal, social or moral duty or interest to communicate them and the recipient a corresponding duty or interest to receive them; it fails if the claimant proves malice.
- Topic: Tort
- Used in 14 cases, including: Tan Wee Jin (Chen Weiren) v German Dragons Singapore and others; CWL Facilities Management Pte Ltd and another v Tan Eng Huat; Siti Azriah binte Zainee v Abdul Rahim bin Mohamed Wambri@raye Wambri
- Quantum meruit
- Latin for "as much as he has deserved": a claim for a reasonable sum for work done or services supplied, either under a contract that fixes no price or, where there is no enforceable contract, as a claim in unjust enrichment.
- Topic: Restitution
- Used in 13 cases, including: Reformd Pte Ltd v Kopigi Pte Ltd; Renologist Pte. Ltd. v Long Shiwei Kenneth and another; 33Club Pte. Ltd. v Design Cliniq Pte. Ltd.
- Quashing order
- An order made on judicial review that cancels a decision of a public body or lower tribunal because it was unlawful, leaving the decision with no legal effect. It was formerly called certiorari.
- Topic: Administrative law
- Used in 12 cases, including: Abe Isaac (Pte) Ltd v Attorney-General; Paulus Tannos v Attorney-General of the Republic of Singapore; Wang Yunhe v Attorney-General
- Quasi-partnership
- A company, usually small, formed or carried on on the basis of a personal relationship of mutual trust between its members, often with an understanding that each will take part in management. Courts can give effect to that understanding in oppression and winding-up claims.
- Topic: Companies
- Used in 10 cases, including: Goh bin Seng v Yeo Neng Jian Stephen and others; Gan Yuan Hong v Siow Chee Wee and another; Gan Yuan Hong v Lmo Consulting Pte. Ltd.
R
- Rape
- Under section 375 of the Penal Code 1871, the offence committed by a man who penetrates another person with his penis without that person's consent, or where that person is below 14 years of age, whether or not they consent. Other forms of non-consensual penetration are dealt with as sexual assault by penetration.
- Topic: Criminal law
- Used in 36 cases, including: Public Prosecutor v DEK; Public Prosecutor v DYF; Public Prosecutor v Mookkapillai Pazhanivel
- Rectification
- A remedy that corrects a written document so that it records what the parties actually agreed, where a mistake means it does not. The word is also used for correcting a public register, such as a company's register of members or the land register, under statute.
- Topic: Equity
- Used in 5 cases, including: Tuffi (Pte.) Ltd. v Techkon Pte Ltd and another; Smart Glove International Pte. Ltd. v Full Support Healthcare Limited; Hoon Kee Meng (Hong Qiming) and another v Dash Living Pte Ltd
- Reformative training
- A sentence for young offenders in which the offender is detained in a training centre under a structured programme of rehabilitation and discipline, followed by supervision after release. It carries more deterrence than probation.
- Topic: Criminal procedure and sentencing
- Used in 20 cases, including: Public Prosecutor v Nor Muhamad Syafriq Bin Saffri; Mohamed Erzan Taib Zohri v Public Prosecutor; Public Prosecutor v JKG
- Remoteness of damage
- The rule that limits damages to losses that are not too remote from the wrong. In contract, recoverable losses are those within the parties' reasonable contemplation when contracting; in negligence, they are losses of a reasonably foreseeable kind.
- Also called: remoteness
- Topic: Damages
- Used in 10 cases, including: Deloitte & Touche LLP v Hin Leong Trading (Pte.) Ltd (In Compulsory Liquidation); Prashant Mudgal v SAP Asia Pte. Ltd.; The Tata Power Company Limited v Kleros Capital Partners Limited
- Repudiation
- Conduct or words by a party to a contract showing that it no longer intends to be bound by the contract. The other party may then choose to end the contract and claim damages.
- Also called: repudiatory breach
- Topic: Contract
- Used in 33 cases, including: Poten & Partners Pte. Ltd. v Lee Won Sang; Ap Media Pte. Ltd. v Motor Image Enterprises Pte Ltd; Cheng Tim Jin v Chan Kam Piew
- Res ipsa loquitur
- Latin for "the thing speaks for itself": where an accident would not ordinarily happen without negligence and the thing that caused it was under the defendant's control, the court may infer negligence unless the defendant explains it.
- Topic: Tort
- Used in 7 cases, including: Underwater Diving Operators Pte Ltd v Dundee Marine & Industrial Services Pte Ltd; Lim Mien Lee v T. S. & T. Construction Pte Ltd; Aminah Binte Mohamed Kassim v Loch Grocer Pte. Ltd.
- Res judicata
- The rule that a matter finally decided by a court cannot be raised again between the same parties in a later case. An extended form also stops points that should have been raised in the earlier case.
- Topic: Res judicata
- Used in 33 cases, including: The "VAYU" (formerly known as "QIAN TAI 1"; Djony Gunawan v Christina Lesmana; YCD v YCE
- Rescission
- The setting aside of a contract from the beginning, so that the parties are restored as far as possible to their positions before it was made. It may be available for misrepresentation, duress or undue influence, and can be lost through affirmation, delay or where restoring the parties is impossible.
- Topic: Contract
- Used in 10 cases, including: Fagumuda v Oktay Sahin; Leow Hock Soon and another v Chew Eik Khoon and others; Kuvera Properties Pte. Ltd. v Far East Opus Pte. Ltd.
- Resulting trust
- A trust that arises by law where a person transfers property, or pays for property put in another's name, without intending to benefit the recipient, or where an express trust fails; the recipient then holds the property for the person who provided it, in proportion to that person's contribution.
- Topic: Trusts
- Used in 54 cases, including: Ho Soo Fong and another v Ho Soo Tong and others; Lin Tze Kin (Suing as Co-Executor of the Estate of Tan Ah Kar, Deceased) and another v Lim Sze Eng and another; Erwin Chong Xue Yoong v Chua Yan Suan, Samantha
- Review application
- An application under the Criminal Procedure Code 2010 asking an appellate court to reopen its own earlier decision in a criminal matter. It needs the court's permission, generally only one is allowed per decision, and the applicant must show new and compelling material indicating a miscarriage of justice.
- Topic: Criminal procedure and sentencing
- Used in 31 cases, including: Yeo Liang Hou v Public Prosecutor; Sanjay Krishnan v Attorney-General; Dineshkumar Sambusivam v Public Prosecutor
S
- Sale and purchase agreement
- A contract under which a seller agrees to sell, and a buyer agrees to buy, property such as land or shares, setting out the price, deposit, completion and other terms. For a unit bought from a housing developer in Singapore, the agreement follows a standard form prescribed by law.
- Topic: Land
- Used in 11 cases, including: Richard Cheung Teck Cheong and others v LVND Investments Pte. Ltd.; World Class Land Pte Ltd v Yock Miaw Jiuan Jennifer (Yu Miaojuan Jennifer); Li Jialin and another v Wingcrown Investment Pte. Ltd.
- Scheme of arrangement
- A compromise or arrangement between a company and its creditors or members, or a class of them, which, once approved by the required majorities and sanctioned by the court, binds all of them, including those who voted against it.
- Topic: Insolvency law
- Used in 22 cases, including: Ficus Asia Investment Pte. Ltd; Jetstar Asia Airways Pte. Ltd.; Energe Asia Pte. Ltd.
- Security for costs
- An order that a claimant or appellant pay money into court or give a guarantee to cover the other side's legal costs if the claim fails, for example where the claimant lives abroad or is a company that may be unable to pay.
- Topic: Civil procedure
- Used in 25 cases, including: Exchange Union Company and others v Wo Qi and others; DRL v DRK; Paramjeet Kaur A/P Balwan Singh v Grab Rentals Pte. Ltd and another
- Security of payment
- The scheme under the Building and Construction Industry Security of Payment Act that gives those who carry out construction work or supply goods or services for it a right to progress payments and a fast adjudication process when payment is disputed.
- Topic: Building and construction law
- Used in 17 cases, including: Zhao Yang Geotechnic Pte Ltd v China Communications Construction Company Ltd (Singapore Branch); 33Club Pte. Ltd. v Design Cliniq Pte. Ltd.; Lim Kim Huat Building Construction Pte Ltd v LBD Engineering Pte Ltd
- Sentencing framework
- A structured method, usually laid down by an appellate court, for arriving at a sentence for a particular offence, for example by placing the offence in a band or range according to the harm caused and the offender's culpability, then adjusting for aggravating and mitigating factors.
- Topic: Criminal procedure and sentencing
- Used in 110 cases, including: Public Prosecutor v Poovalai Thevar Kathiravannethi; Public Prosecutor v De Villar Rizalyn Panganiban 2026 SGDC332; Public Prosecutor v Lim Teng How (Lin Shenghao)
- Serious question to be tried
- The first threshold for an interim injunction, and the merits requirement for permission to serve a claim out of Singapore: the applicant must show that its claim is not frivolous or vexatious and raises a real issue for trial. For an injunction, the court then goes on to weigh the balance of convenience.
- Topic: Injunctions
- Used in 19 cases, including: Noranth Ventures Pte. Ltd. v Loo Kin Ben and another; DUP v DUQ; Twitter Asia Pacific Pte. Ltd. v Media Matters for America
- Set-off
- The setting of a sum one party owes another against a sum owed in the other direction, so that only the balance is payable. Its forms include legal set-off between mutual debts, equitable set-off between closely connected claims, and set-off in insolvency, as well as set-off agreed by contract.
- Topic: Debt and recovery
- Used in 59 cases, including: Eg Development Pte. Ltd. v Our Cocomo Pte. Ltd. and another; Ric Dormitory (SG) Pte. Ltd. v H8 Holdings Pte. Ltd.; YGD v YGE
- Sexual assault by penetration
- Under section 376 of the Penal Code 1871, sexual offences involving penetration without consent that fall outside rape, such as penetrating a person's vagina or anus with a body part other than the penis or with an object, or causing a person to penetrate another. Where the victim is below 14 years of age, consent is no defence.
- Also called: sexual assault involving penetration
- Topic: Criminal law
- Used in 25 cases, including: Public Prosecutor v Muhamad Adil Bin Saidin; Public Prosecutor v DEK; Public Prosecutor v DMB
- Show cause action
- Proceedings in which a lawyer is called before a panel of three judges to show why disciplinary sanction, such as striking off, suspension or a fine, should not be imposed after a disciplinary tribunal finds cause.
- Also called: show cause proceedings
- Topic: Legal profession
- Used in 4 cases, including: The Law Society of Singapore v Yeo Yao Hui, Charles (Yang Yaohui); Law Society of Singapore v Tan Jeh Yaw; The Law Society of Singapore v Dhanwant Singh
- Slip rule
- The court's power to correct a clerical mistake or an accidental slip or omission in a judgment or order, such as an arithmetical error, without an appeal.
- Topic: Civil procedure
- Used in 3 cases: Laguna National Golf and Country Club Ltd (In Liquidation) and others v Peter Kwee Seng Chio and others; Zhang Jinxia and another v Zhu Yuhua; XCG v XCF
- Sole custody
- An order giving one parent alone the right to make major long-term decisions about a child's upbringing. Because both parents are normally expected to share these decisions, courts make it only in exceptional situations, such as where shared decision-making would harm the child.
- Topic: Family law
- Used in 21 cases, including: YHU v YHV; YHN v YHO; YFC v YFD
- Special damages
- Damages for specific losses that can be calculated in money and have already been incurred by the time of trial, such as medical bills or earnings lost before trial. They must be specifically pleaded and proved.
- Topic: Damages
- Used in 21 cases, including: CWL Facilities Management Pte Ltd and another v Tan Eng Huat; Ng Gino Ernest v Ang Eng Peng; Kua Li Chuen v Lim Ten Yu
- Specific deterrence
- A sentencing aim of discouraging the particular offender from offending again, by imposing a sentence heavy enough to make that person think twice before reoffending.
- Topic: Criminal procedure and sentencing
- Used in 20 cases, including: Public Prosecutor v Indran Pillay 2026 SGDC 212; Mohamed Erzan Taib Zohri v Public Prosecutor; Public Prosecutor v Pattappan Moovendran
- Specific discovery
- A court order requiring a party to disclose particular documents, or classes of documents, that are relevant to the dispute and in its possession, custody or power. Under the current Rules of Court, the equivalent step is an application for production of specified documents.
- Topic: Civil procedure
- Used in 14 cases, including: Nguyen Thuy Ha v Tran Thi Bich Ha; Invest Partners Capital Group Pte. Ltd. v Deutsche Bank Aktiengesellschaft; The Resolution and Collection Corporation v Tsuneji Kawabe and others
- Specific performance
- A court order requiring a party to carry out its obligations under a contract, rather than pay damages for not doing so. It is discretionary and is generally granted only where damages would not be an adequate remedy, such as in many contracts for the sale of land.
- Topic: Equity
- Used in 15 cases, including: Aquilo Shipping Inc v SRTT Marine Trading & Services Pte Ltd; Oni Global Pte Ltd and another v GNC Holdings, LLC; Smart Glove International Pte. Ltd. v Full Support Healthcare Limited
- Spousal maintenance
- Financial support a court may order one spouse or former spouse to pay the other under the Women's Charter 1961, during the marriage or on or after divorce. A husband may be ordered to maintain a wife or former wife, and a wife may be ordered to maintain an incapacitated husband or former husband.
- Also called: wife maintenance
- Topic: Family law
- Used in 72 cases, including: YJM v YJN; YHU v YHV; YHH v YHI
- Stamp duty
- A tax charged under the Stamp Duties Act 1929 on certain documents, such as those transferring or leasing property or transferring shares; a document that is not duly stamped generally cannot be relied on in court, other than in criminal proceedings, until the duty and any penalty are paid.
- Topic: Revenue law
- Used in 12 cases, including: Lam, Kin Hing Kenneth v Yung, Man Tung; Hajjah Noor Jehan Binte Mohamed Ghouse v Nur Fairuz Magnus; Broadley Engineering Pte. Ltd. v Award Engineering Pte. Ltd. and another
- Standard basis
- The usual basis on which a court assesses the legal costs one party must pay another: a reasonable amount for costs reasonably incurred, with any doubt about whether a cost was reasonable resolved in favour of the paying party.
- Topic: Civil procedure
- Used in 25 cases, including: Nirmala D/O Thangavellu v Acestes Pte. Ltd.; Chander Agarwal v Lee Xiu Hui Felicia; Far Ocean Sea Products Pte Ltd v United Overseas Insurance Limited
- Standard of care
- The level of care that a person who owes a duty of care must meet, usually that of a reasonable person in the same position; for a professional, that of a reasonably competent member of the profession.
- Topic: Tort
- Used in 16 cases, including: Chua Kim Chuan v HSBC Life (Singapore) Pte. Ltd.; Zhuang, Yujie v Openmeta Pte. Ltd. and another; Choo Mee Hua v HPC Builders Pte Ltd
- Standard of proof
- The degree of certainty to which a fact must be proved. The prosecution must prove a criminal charge beyond reasonable doubt, while facts in civil cases, and most defences an accused must prove, need only be proved on a balance of probabilities.
- Topic: Evidence
- Used in 12 cases, including: YDR v YDQ; XTR v XTQ; Farooq Ahmad Mann v Xia Zheng
- Statement of claim
- The pleading in which a claimant sets out the facts that its claim rests on and the relief or remedy it asks the court to grant.
- Topic: Civil procedure
- Used in 40 cases, including: Siti Azriah binte Zainee v Abdul Rahim bin Mohamed Wambri@raye Wambri; Zhang Zhinong and another v Lin Shuying; Chang Yiuw Choon and others v Chong Yiuw Tham and another
- Statement of facts
- In criminal proceedings, a written account of the facts of the offence prepared by the prosecution, which an accused person pleading guilty is asked to admit. The court relies on the admitted facts in convicting and sentencing, and a dispute over material facts may lead the court to reject the plea.
- Topic: Criminal procedure and sentencing
- Used in 20 cases, including: Yeo Seong Bee Eric v Public Prosecutor; Public Prosecutor v Yap Yeong Keen; JEH v Public Prosecutor
- Statutory demand
- A formal written demand for payment of a debt served on a debtor under insolvency law. If it is not paid, secured or compounded within the time allowed, the debtor is presumed unable to pay its debts.
- Topic: Insolvency law
- Used in 49 cases, including: Lim Siang Heng v Great Eastern Financial Advisers Private Limited; Mizuho Bank, Ltd. v Radiant World Corporation Pte. Ltd.; Aqcel Synergies (Hong Kong) Limited v Liberty Industries Holdings Pte. Ltd.
- Stay of execution
- A court order that temporarily stops a judgment or order from being enforced, often while an appeal is pending. Filing an appeal does not by itself stop enforcement. In a criminal case, a sentence of imprisonment or a fine can also be stayed pending an appeal.
- Topic: Civil procedure
- Used in 60 cases, including: Public Prosecutor v Poovalai Thevar Kathiravannethi; Public Prosecutor v Razak Bin Mohamed Lazim; Public Prosecutor v Koh Yew Choo
- Strict liability
- Liability without proof of fault, such as intention, knowledge or negligence, for one or more elements of an offence, a civil wrong or a breach of professional conduct rules. In criminal law, some strict liability offences still allow defences such as an honest and reasonable mistake of fact.
- Topic: Criminal law
- Used in 10 cases, including: Glenford Tan Ming Loon and another v The Management Corporation Strata Title Plan No. 2823; The Law Society of Singapore v Lim Tean; Public Prosecutor v Lim Tean
- Striking out
- A court order removing all or part of a pleading or other document, for example because it discloses no reasonable cause of action, is frivolous or vexatious, or is an abuse of process. It can end a claim or defence without a full trial.
- Also called: strike out
- Topic: Civil procedure
- Used in 115 cases, including: H M Luqman Al Hakim Ang and another v Wonderz Pty Ltd and others; Chan Wan Qi, Angela v Price Anthony Thomas and another; Zhang Zhinong and another v Lin Shuying
- Structured approach
- A method courts commonly use to divide matrimonial assets: work out each spouse's share of direct contributions and of indirect contributions, average the two ratios, then adjust for other relevant factors. It is used mainly for dual-income marriages; for long single-income marriages courts tend to take a broader approach.
- Topic: Family law
- Used in 46 cases, including: YHU v YHV; YHD v YHE; YGT v YGU
- Subrogation
- The doctrine by which a person who pays another's debt or loss steps into the shoes of the person paid, taking over their rights, remedies and any security against whoever is ultimately liable; an insurer that has paid a claim is the commonest example.
- Also called: right of subrogation
- Topic: Insurance
- Used in 7 cases, including: Re Da Shun Shipping (Pte.) Ltd.; Da Hui Shipping (Pte) Ltd (In Creditors' Voluntary Liquidation) v Shook Lin & Bok LLP; Bank of America, N.A., Singapore Branch v Owner of the vessel(s) OCEAN GOBY (IMO No. 9812406)
- Substituted service
- Service of court papers by a method the court approves, such as delivery to a relative or by email, when the usual way of serving the person is impracticable.
- Topic: Civil procedure
- Used in 18 cases, including: Low Siong Ngo v Goh Mei Loon; Furama Hotel Singapore Pte Ltd v Ng Siew Moy; XZI v XZJ
- Summary judgment
- A judgment given on a claim or counterclaim without a full trial, because the other side cannot show a real issue or defence that deserves to be tried.
- Topic: Civil procedure
- Used in 46 cases, including: Shenning Heritage Capital VCC v David Hiah and others; Keystone Law Corporation v Ee Kwong Rong, Clement; Korea Shipping Corporation v United Overseas Trade Pte. Ltd.
T
- Tenancy
- The relationship in which a landlord grants a tenant exclusive possession of land or premises for a period, usually in return for rent, giving the tenant an interest in the property, unlike a licence, which is only a permission to be there.
- Topic: Landlord and tenant
- Used in 39 cases, including: Noranth Ventures Pte. Ltd. v Loo Kin Ben and another; Eg Development Pte. Ltd. v Our Cocomo Pte. Ltd. and another; Chan Wan Qi, Angela v Price Anthony Thomas and another
- Tenancy in common
- A form of co-ownership in which each co-owner holds a distinct, undivided share of the property, equal or unequal, which passes under their will or intestacy on death rather than to the surviving co-owners.
- Also called: tenants in common
- Topic: Land
- Used in 18 cases, including: Lin Tze Kin (Suing as Co-Executor of the Estate of Tan Ah Kar, Deceased) and another v Lim Sze Eng and another; YIJ v YIK; Wong Mei Lee, Millie v Jake Ngor Shing Rong
- Testamentary capacity
- The mental capacity needed to make a valid will: understanding the nature of making a will and its effect, knowing broadly the extent of one's property, appreciating the people who have claims to benefit, and having no disorder of mind that distorts those choices.
- Topic: Succession and wills
- Used in 6 cases, including: YHJ v YHK and others; XBP v XBO; XAT v XAU and another
- Time-barred
- Describes a claim that can no longer be pursued because the limitation period set by statute, usually under the Limitation Act 1959, has expired. Limitation is a defence that the defendant generally has to raise.
- Topic: Limitation of actions
- Used in 55 cases, including: Low Siong Ngo v Goh Mei Loon; Gylet Lift (M&S) Private Limited and another v Yeoh Seok Kian and others; Chua Kim Chuan v HSBC Life (Singapore) Pte. Ltd.
- Total failure of consideration
- A ground for recovering money paid or a benefit conferred on a basis that has completely failed, typically because nothing promised in return has been performed; here consideration means the basis of the payment, not consideration in contract. Singapore courts now call this a failure of basis.
- Also called: failure of basis
- Topic: Restitution
- Used in 22 cases, including: Prime Lodge (2021) Pte. Ltd. v United Laundry Pte. Ltd.; Thirunavukarasu Manikam v Gumanan s/o Nallathambi and others; Chander Agarwal v Lee Xiu Hui Felicia
- Totality principle
- A sentencing principle applied when an offender is sentenced for several offences at once: the court checks that the combined sentence is proportionate to the offender's overall criminality and is not crushing, and adjusts the individual sentences or how they run if it is not.
- Topic: Criminal procedure and sentencing
- Used in 52 cases, including: Public Prosecutor v Jayaraman s/o Ramasamy; Public Prosecutor v Ramdzan Bin Sidik; Public Prosecutor v Ahmed Jubaer Uddin
- Trade mark
- A sign, such as a word, logo or shape, used to distinguish one trader's goods or services from those of others. Registration under the Trade Marks Act 1998 gives the owner exclusive rights to use it and to sue for infringement; an unregistered mark relies mainly on passing off.
- Also called: trademark
- Topic: Intellectual property
- Used in 13 cases, including: Goh bin Seng v Yeo Neng Jian Stephen and others; The Beauty Nation Pte. Ltd. v Herbs Health Ben Cao Kang Mu Pte. Ltd. and another; The Timken Company v United Shipping Services Pte. Ltd.
- Transaction at an undervalue
- A gift, or a transaction in which a company or individual receives significantly less value than it gives, made within a set period before insolvency. Subject to the conditions of the Insolvency, Restructuring and Dissolution Act 2018, the liquidator, judicial manager or trustee may ask the court to restore the position as if it had not happened.
- Also called: undervalue transaction
- Topic: Insolvency law
- Used in 17 cases, including: Lau Lee Sheng and others v Envy Asset Management Pte Ltd (in liquidation) and others and another appeal; Farooq Ahmad Mann v Xia Zheng; Blackstone Asia Real Estate Partners Limited (In Liquidation) and others
- Trespass
- A tort of directly interfering, without lawful justification, with land in another's possession, with another person's body or liberty, or with another's goods; it is generally actionable without proof of loss. Criminal trespass is a separate offence under the Penal Code 1871.
- Topic: Tort
- Used in 8 cases, including: Chan Wan Qi, Angela v Price Anthony Thomas and another; Skyventure VWT Singapore Pte Ltd v Simba Telecom Pte Ltd; Lee Cheng Mui v Lee Say Yng
- Trustee in bankruptcy
- The person who administers a bankrupt's estate, collecting and realising the property, admitting creditors' claims and distributing the proceeds. In Singapore this is the Official Assignee, unless the court appoints a private trustee in bankruptcy instead.
- Topic: Insolvency law
- Used in 25 cases, including: DI-900037 of 2023; True Yoga Pte Ltd and others v Patrick John Wee Ewe Seng; Jason Aleksander Kardachi and another v Deepak Mishra and others
U
- Unconscionability
- In equity, conduct making it unfair to insist on strict legal rights. A contract or gift obtained by exploiting another's poverty, ignorance or weakness may be set aside unless shown fair and reasonable. A call on an on-demand performance bond or standby credit may be restrained where the call is unconscionable — abusive, unfair or dishonest — a narrower, separate test.
- Also called: unconscionable conduct
- Topic: Equity
- Used in 11 cases, including: Teow Seok Phen v Chee Wei Jun; Chander Agarwal v Lee Xiu Hui Felicia; Keystone Law Corporation v Ee Kwong Rong, Clement
- Undertaking as to damages
- A promise a party gives the court when it obtains an injunction: to pay for the loss the injunction causes the other side if it later turns out that the order should not have been made.
- Also called: undertaking in damages
- Topic: Injunctions
- Used in 14 cases, including: Romy Ingrid Castel and others v Investment Beverage Business Management Pte. Ltd. and others; Aleksandr Viktorovich Prosetskii v Courtwell Asia Limited and others; DUP v DUQ
- Undue influence
- A doctrine under which a gift, contract or other transaction may be set aside because one person's consent was obtained through improper pressure, or through abuse of a relationship in which that person trusted and relied on the other.
- Topic: Equity
- Used in 14 cases, including: Teow Seok Phen v Chee Wei Jun; YHJ v YHK and others; XYF v XYG and another
- Unfair preference
- An act by which a company or individual, influenced by a desire to do so, puts a creditor, surety or guarantor in a better position on insolvency than it would otherwise have, within a set period before insolvency; on application by the liquidator, judicial manager or trustee, the court may reverse it.
- Topic: Insolvency law
- Used in 7 cases, including: Jason Aleksander Kardachi and another v Deepak Mishra and others; Blackstone Asia Real Estate Partners Limited (In Liquidation) and others; Park Hotel Management Pte. Ltd. (In Liquidation) and others v Law Ching Hung and others
- Unjust enrichment
- The basis of a claim that the defendant give back a benefit received at the claimant's expense where the law recognises a reason, such as mistake or failure of basis, that makes keeping it unjust, subject to defences such as change of position.
- Topic: Restitution
- Used in 56 cases, including: Kay Lim Construction & Trading Pte Ltd v Hurda Trading Pte Ltd; Low Siong Ngo v Goh Mei Loon; Zhang Zhinong and another v Lin Shuying
- Unlawful means conspiracy
- A tort committed where two or more persons combine to do acts that are unlawful, intending to cause damage or injury to the claimant, carry out those acts under the agreement, and the claimant suffers loss as a result; injuring the claimant need not be their predominant purpose.
- Topic: Tort
- Used in 62 cases, including: Kay Lim Construction & Trading Pte Ltd v Hurda Trading Pte Ltd; Tan Wee Jin (Chen Weiren) v German Dragons Singapore and others; Shenning Heritage Capital VCC v David Hiah and others
- Unreasonable behaviour
- One of the facts that can show a marriage has irretrievably broken down, the sole ground for divorce under the Women's Charter 1961: that one spouse has behaved in such a way that the other cannot reasonably be expected to live with them. Other facts include adultery, desertion, separation and divorce by mutual agreement.
- Topic: Family law
- Used in 6 cases, including: YEV v YEW; XTR v XTQ; WPG v WPF
- Unusually convincing
- The standard a court applies before convicting an accused on the uncorroborated evidence of a single witness, often the complainant: weighed against all the other evidence and circumstances, the testimony must be so convincing that it proves the charge beyond reasonable doubt by itself.
- Topic: Evidence
- Used in 33 cases, including: Public Prosecutor v Muhamad Adil Bin Saidin; Public Prosecutor v BQG and another; Ankit Sharma v Public Prosecutor
V
- Variation order
- An instruction issued under a construction contract that changes the work to be done, by adding, removing or altering parts of it. It usually leads to an adjustment of the contract price or time for completion.
- Topic: Building and construction law
- Used in 4 cases, including: PS 23 Interior Pte. Ltd. v Andrew Tan Tong Sin; James Yeo Choon Jieng v Tan Ker Xin and another; Pro-Active Engineering Pte. Ltd. v Prime Structures Engineering Pte Ltd
- Vicarious liability
- The rule that makes one person, usually an employer, answerable for a wrong committed by another, usually an employee acting in the course of employment, even though the first person did nothing wrong.
- Also called: vicariously liable
- Topic: Tort
- Used in 15 cases, including: Mah Kiat Seng v Suresh Saundrapandian and others; Tan Jia Wen, Felix (Chen Jiawen) v Sarens JWS (S) Pte. Ltd.; The Body Firm Pte Ltd v Siow Soon Sin and another
- Voluntarily causing hurt
- Under section 321 of the Penal Code 1871, doing an act intending to cause hurt, or knowing it is likely to cause hurt, and so causing a person bodily pain, disease or infirmity. Heavier penalties apply where dangerous weapons or means are used.
- Topic: Criminal law
- Used in 18 cases, including: Public Prosecutor v Ramachandharan Karthik; Public Prosecutor v Chan Sui Kwan; Public Prosecutor v JJE
W
- Waiver
- The giving up of a legal right, such as the right to end a contract for breach. It may happen by choosing between two inconsistent rights (waiver by election) or by a clear representation that a right will not be enforced, relied on by the other party (waiver by estoppel).
- Topic: Contract
- Used in 54 cases, including: Artem Ibragimov v Liu Xun; Korea Shipping Corporation v United Overseas Trade Pte. Ltd.; DSS v DST
- Warranty
- A contractual term or promise less important than a condition. Its breach usually gives a right only to damages, not to end the contract, unless the consequences are very serious. In sale agreements, the word also means an assurance about the state of goods or a business.
- Topic: Contract
- Used in 10 cases, including: Julian Moreno Beltran and others v Terraform Labs Pte. Ltd. and others; Banque de Commerce et de Placements SA, DIFC Branch and another v China Aviation Oil (Singapore) Corporation Ltd; Center for Competency-Based Learning and Development Pte. Ltd. v Skillsfuture Singapore Agency
- Wilful blindness
- Deliberately choosing not to make inquiries about something one firmly suspects, so as to avoid confirming it. Singapore courts treat it as a form of actual knowledge, whether for an offence's knowledge requirement or for a civil finding of knowledge such as dishonesty, but mere carelessness in failing to inquire is not enough.
- Topic: Criminal law
- Used in 7 cases, including: Ng Kuan Chuan v Public Prosecutor; JGP v JGQ; Envy Asset Management Pte. Ltd. (In Liquidation) and others v Ng Yu Zhi and others
- Winding up
- The process of bringing a company to an end: a liquidator collects and sells its assets, pays its creditors in the order the law sets, and the company is then dissolved. A court may order it, for example when the company cannot pay its debts.
- Also called: compulsory liquidation
- Topic: Insolvency law
- Used in 94 cases, including: Zhejiang Crystal-Optech Co., Ltd. v Moveon Technologies Pte. Ltd.; Mirror Trading International (Pty) Ltd (In Liquidation) and others; Aqcel Synergies (Hong Kong) Limited v Liberty Industries Holdings Pte. Ltd.
- Wrongful dismissal
- The ending of an employee's employment in breach of the employment contract, such as without the required notice, for which damages may be claimed. Under the Employment Act 1968, it also describes a dismissal without just cause or excuse, which may be taken to the Employment Claims Tribunal.
- Topic: Employment law
- Used in 24 cases, including: Korporatio Sing Pte. Ltd. v Wong Suet Mei, Michelle; Zeus Matisse v ESA Security Pte. Ltd.; JGC v JGE