The limits of reliance on reliance damages? Case comment: Liu Shu Ming and another v Koh Chew Chee

In Liu Shu Ming v Koh Chew Chee [2023] 1 SLR 1477 (“Liu Shu Ming (AD)”), the Court considered two questions on damages. These were, firstly, when a claimant would be able to claim reliance damages and secondly, whether a claimant would be able to claim reliance damages in the alternative to expectat...

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Main Author: LIM, Yu Jie Isabelle
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Language:English
Published: Institutional Knowledge at Singapore Management University 2024
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Online Access:https://ink.library.smu.edu.sg/sljlexicon/41
https://ink.library.smu.edu.sg/context/sljlexicon/article/1033/viewcontent/The_Limits_of_Reliance_on_Reliance_Damages.pdf
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spelling sg-smu-ink.sljlexicon-10332024-08-02T07:46:08Z The limits of reliance on reliance damages? Case comment: Liu Shu Ming and another v Koh Chew Chee LIM, Yu Jie Isabelle In Liu Shu Ming v Koh Chew Chee [2023] 1 SLR 1477 (“Liu Shu Ming (AD)”), the Court considered two questions on damages. These were, firstly, when a claimant would be able to claim reliance damages and secondly, whether a claimant would be able to claim reliance damages in the alternative to expectation damages. After considering these two issues, the Court seemingly expressed a preference for limiting claims for reliance damages to where it would be “impossible” or “extremely difficult” to prove expectation damages and not permitting claims for reliance damages in the alternative to expectation damages, or at the very least only where the claimant pleads such a case as early as possible. This case note addresses three questions that emerge following the Court’s remarks on these issues: (a) whether reliance damages should be available as of right; (b) whether the two-pronged strategy should be permissible; and (c) how claimants should draft their pleadings to maximise recovery following the potential difficulties in claiming for reliance damages following Liu Shu Ming (AD). In response, this note argues that it may be desirable to implement a threshold before allowing claimants to claim reliance damages and discusses some potential options. Secondly, this note argues that a claimant should only be permitted to pursue reliance damages in the alternative to expectation damages where the claimant pleads his case in a way that fulfils two conditions, as explained below. Lastly, if it becomes more difficult for claimants to claim reliance damages following Liu Shu Ming (AD), this note recommends that claimants maximise their chances of obtaining effective compensation through more detailed and well-substantiated pleadings for expectation damages. 2024-06-01T07:00:00Z text application/pdf https://ink.library.smu.edu.sg/sljlexicon/41 https://ink.library.smu.edu.sg/context/sljlexicon/article/1033/viewcontent/The_Limits_of_Reliance_on_Reliance_Damages.pdf http://creativecommons.org/licenses/by-nc-nd/4.0/ Singapore Law Journal (Lexicon) eng Institutional Knowledge at Singapore Management University Asian Studies Dispute Resolution and Arbitration
institution Singapore Management University
building SMU Libraries
continent Asia
country Singapore
Singapore
content_provider SMU Libraries
collection InK@SMU
language English
topic Asian Studies
Dispute Resolution and Arbitration
spellingShingle Asian Studies
Dispute Resolution and Arbitration
LIM, Yu Jie Isabelle
The limits of reliance on reliance damages? Case comment: Liu Shu Ming and another v Koh Chew Chee
description In Liu Shu Ming v Koh Chew Chee [2023] 1 SLR 1477 (“Liu Shu Ming (AD)”), the Court considered two questions on damages. These were, firstly, when a claimant would be able to claim reliance damages and secondly, whether a claimant would be able to claim reliance damages in the alternative to expectation damages. After considering these two issues, the Court seemingly expressed a preference for limiting claims for reliance damages to where it would be “impossible” or “extremely difficult” to prove expectation damages and not permitting claims for reliance damages in the alternative to expectation damages, or at the very least only where the claimant pleads such a case as early as possible. This case note addresses three questions that emerge following the Court’s remarks on these issues: (a) whether reliance damages should be available as of right; (b) whether the two-pronged strategy should be permissible; and (c) how claimants should draft their pleadings to maximise recovery following the potential difficulties in claiming for reliance damages following Liu Shu Ming (AD). In response, this note argues that it may be desirable to implement a threshold before allowing claimants to claim reliance damages and discusses some potential options. Secondly, this note argues that a claimant should only be permitted to pursue reliance damages in the alternative to expectation damages where the claimant pleads his case in a way that fulfils two conditions, as explained below. Lastly, if it becomes more difficult for claimants to claim reliance damages following Liu Shu Ming (AD), this note recommends that claimants maximise their chances of obtaining effective compensation through more detailed and well-substantiated pleadings for expectation damages.
format text
author LIM, Yu Jie Isabelle
author_facet LIM, Yu Jie Isabelle
author_sort LIM, Yu Jie Isabelle
title The limits of reliance on reliance damages? Case comment: Liu Shu Ming and another v Koh Chew Chee
title_short The limits of reliance on reliance damages? Case comment: Liu Shu Ming and another v Koh Chew Chee
title_full The limits of reliance on reliance damages? Case comment: Liu Shu Ming and another v Koh Chew Chee
title_fullStr The limits of reliance on reliance damages? Case comment: Liu Shu Ming and another v Koh Chew Chee
title_full_unstemmed The limits of reliance on reliance damages? Case comment: Liu Shu Ming and another v Koh Chew Chee
title_sort limits of reliance on reliance damages? case comment: liu shu ming and another v koh chew chee
publisher Institutional Knowledge at Singapore Management University
publishDate 2024
url https://ink.library.smu.edu.sg/sljlexicon/41
https://ink.library.smu.edu.sg/context/sljlexicon/article/1033/viewcontent/The_Limits_of_Reliance_on_Reliance_Damages.pdf
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