The Relationship Between Interpretation, Implication and Rectification in Singapore

• Main Author: GOH, Yihan
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2012
• Subjects: Asian Studies; Commercial Law; Estates and Trusts
• Online Access: https://ink.library.smu.edu.sg/sol_research/1348
• Institution: Singapore Management University

The ascertainment of parties’ intentions in a contract under English law is largely dictated by several clear distinctions, namely, the interpretation of express terms, the implication of terms, and the rectification of the contract. In recent times, those distinctions have begun to weaken, as illustrated by the recent English High Court decision of Procter & Gamble Co. v. Svenska Cellulosa AB, [2012] EWHC 498 (Ch). This paper uses Procter & Gamble to examine the weakening distinctions in English law before turning to consider whether the traditional distinctions remain (and should remain) intact in Singapore. It also makes some broader observations on the Singapore courts’ approach in the specific area of contract law in light of increasing English recourse to broad, unifying concepts.