Publication Type

Journal Article

Version

acceptedVersion

Publication Date

10-2017

Abstract

In a series of inconsistent decisions by the Singapore courts on contract formation in continuing negotiations cases, Lord Denning’s broad approach—which does away with the traditional offer and acceptance analysis—appears to have been simultaneously adopted and rejected. This article suggests that the continued uncertainty in Singapore regarding the scope of application of the traditional approach and Lord Denning’s approach arises from a conflation of both as being substantially similar. This article further argues that both approaches are conceptually and practically distinct. A better way forward for Singapore law in the area of contract formation in continuing negotiations cases, having regard to developments in English law and acomparative study of various approaches taken in international instruments and jurisdictions around the world, is to affirm the traditional approach as the default rule, subject to displacement in exceptional situations.

Keywords

Contract formation, offer and acceptance, continuing negotiations, Singapore

Discipline

Asian Studies | Commercial Law | Contracts

Research Areas

Corporate, Finance and Securities Law

Publication

Oxford University Commonwealth Law Journal

Volume

17

Issue

2

First Page

211

Last Page

237

ISSN

1472-9342

Identifier

10.1080/14729342.2017.1383769

Publisher

Taylor & Francis (Routledge): SSH Titles - no Open Select

Copyright Owner and License

Authors

Additional URL

https://doi.org./10.1080/14729342.2017.1383769

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