Publication Type

Journal Article

Publication Date

10-2017

Abstract

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

Keywords

Contract formation, offer and acceptance, continuing negotiations, Singapore

Discipline

Asian Studies | Commercial Law | Contracts

Research Areas

Commercial Law

Publication

Oxford University Commonwealth Law Journal

First Page

1

Last Page

27

ISSN

1472-9342

Identifier

10.1080/14729342.2017.1383769

Publisher

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

Creative Commons License

Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

Additional URL

http://doi.org./10.1080/14729342.2017.1383769

Share

COinS