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.
Contract formation, offer and acceptance, continuing negotiations, Singapore
Asian Studies | Commercial Law | Contracts
Oxford University Commonwealth Law Journal
Taylor & Francis (Routledge): SSH Titles - no Open Select
LEE, Chia Ming and CHNG, Wei Yao, Kenny.
Lord Denning’s influence on contract formation in Singapore: An overdue demise?. (2017). Oxford University Commonwealth Law Journal. 1-27. Research Collection School Of Law.
Available at: http://ink.library.smu.edu.sg/sol_research/2343
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