Is a Contractual Clause Excluding a Right of Set-Off Subject to the Requirement of Reasonableness in the Unfair Contract Terms Act?

Author

Yihan GOH, Singapore Management UniversityFollow

Publication Type

Blog Post

Version

publishedVersion

Publication Date

2-2015

Abstract

The Court of Appeal in Koh Lin Yee v Terrestrial Pte Ltd [2015] SGCA 6 (“Koh Lin Yee”) has decided that a contractual clause excluding a right of set-off is subject to the requirement of reasonableness in the Unfair Contract Terms Act (Cap 396, 1994 Rev Ed) (“UCTA”). In doing so, it also laid down some general guiding principles relating to the application of the UCTA, namely, when a party is considered to be dealing “as consumer” under s 12(1), when a contract contains standard terms of business under s 3(1) and the application of the requirement of reasonableness.

Discipline

Commercial Law

Publication

Singapore Law Blog

First Page

1

Last Page

7

Citation

GOH, Yihan. Is a Contractual Clause Excluding a Right of Set-Off Subject to the Requirement of Reasonableness in the Unfair Contract Terms Act?. (2015). Singapore Law Blog. 1-7.
Available at: https://ink.library.smu.edu.sg/sol_research/1496

Creative Commons License

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Additional URL

http://www.singaporelawblog.sg/blog/article/84