Publication Type

Journal Article

Version

acceptedVersion

Publication Date

1-2013

Abstract

Oftentimes, based on the facts of a case, what justice requires is reasonably clear; yet, when the clever arguments of the defendant’s lawyers have to be dealt with, the Judge faces difficult, even insurmountable obstacles as he seeks the legal justification for the result which he knows (or feels) is the correct one. Rubenstein v HSBC1is such a case. The Rubensteinjudgment is not easy to digest, for several reasons. First, the claims traversed statutory duty, tort of negligence and contract and, along with that, the perennial vexed question of whether different paths should lead to the same result. Second, the core of the decision involves related arguments and issues of causation, remoteness, foreseeability and scope of duty. Third, the reader would have been much assisted if the appeal Judge had been more systematic by segregating the discussion of the law from its application to the facts.

Discipline

Commercial Law

Research Areas

Corporate, Finance and Securities Law

Publication

Singapore Law Gazette

First Page

19

Last Page

25

ISSN

1019-942X

Publisher

LexisNexis Asia Pacific

Share

COinS