The Relationship Between Interpretation, Implication and Rectification in Singapore

Publication Type

Journal Article

Publication Date

1-2012

Abstract

The ascertainment of parties’ intentions in a contract under English law is largely dictated by several clear distinctions, namely, the interpretation of express terms, the implication of terms, and the rectification of the contract. In recent times, those distinctions have begun to weaken, as illustrated by the recent English High Court decision of Procter & Gamble Co. v. Svenska Cellulosa AB, [2012] EWHC 498 (Ch). This paper uses Procter & Gamble to examine the weakening distinctions in English law before turning to consider whether the traditional distinctions remain (and should remain) intact in Singapore. It also makes some broader observations on the Singapore courts’ approach in the specific area of contract law in light of increasing English recourse to broad, unifying concepts.

Discipline

Asian Studies | Commercial Law | Estates and Trusts

Publication

Singapore Law Review

Volume

30

First Page

97

Last Page

124

ISSN

0080-9691

Publisher

National University of Singapore

This document is currently not available here.

Share

COinS