The Court of Appeal in Koh Lin Yee v Terrestrial Pte Ltd  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.
Singapore Law Blog
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. Research Collection School Of Law.
Available at: http://ink.library.smu.edu.sg/sol_research/1496
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