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Singapore Leading Case good faith and relational contractsimplied terms

Ng Giap Hon v Westcomb Securities Pte Ltd

[2009] 3 SLR(R) 518
JurisdictionSingapore
CourtSingapore Court of Appeal
Year2009
StatusBinding authority

Summary

Singapore Court of Appeal held that a general implied term of good faith is not recognised in Singapore commercial contracts.

Key Principle

implied term of good faith not generally recognised in Singapore commercial contracts

Area of Law

Contract and Interpretation

Related Cases

PH Hydraulics & Engineering Pte Ltd v Airtrust (Hong Kong) Ltd [2017] 2 SLR 129

Limitation-of-liability clauses in commercial contracts are enforceable and subject to ordinary principles of contractual construction in Singapore.

Y.E.S. F&B Group Pte Ltd v Soup Restaurant Singapore Pte Ltd [2015] 3 SLR 1187

Plain meaning of contractual words prevails unless surrounding context clearly demands otherwise; commercial sense alone cannot displace clear text.

Sembcorp Marine Ltd v PPL Holdings Pte Ltd [2013] 4 SLR 193

Court of Appeal laid down three-step framework for implying terms in fact: identify a gap, establish necessity, and formulate the specific term to be implied.

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