Limitation-of-liability clauses in commercial contracts are enforceable and subject to ordinary principles of contractual construction in Singapore.
Contract and Interpretation
Plain meaning of contractual words prevails unless surrounding context clearly demands otherwise; commercial sense alone cannot displace clear text.
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.
Renunciation as a form of repudiatory breach requires a clear and unequivocal refusal to perform contractual obligations.
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