Compromising on Consideration in Singapore: Gay Choon Ing v Loh Sze Ti Terence Peter

It is not often that a judgment contains a reference to Aristotle’s work or a coda at its conclusion. The recent Singapore Court of Appeal judgment of Gay Choon Ing v Loh Sze Ti Terence Peter (delivered by Andrew Phang JA) contained both, the latter of which an extensive judicial exposition on the d...

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Main Author: GOH, Yihan
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Language:English
Published: Institutional Knowledge at Singapore Management University 2009
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Online Access:https://ink.library.smu.edu.sg/sol_research/1352
https://ink.library.smu.edu.sg/context/sol_research/article/3304/viewcontent/gyh_CompromisingConsiderationSingapore_2009.pdf
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spelling sg-smu-ink.sol_research-33042017-07-13T08:52:56Z Compromising on Consideration in Singapore: Gay Choon Ing v Loh Sze Ti Terence Peter GOH, Yihan It is not often that a judgment contains a reference to Aristotle’s work or a coda at its conclusion. The recent Singapore Court of Appeal judgment of Gay Choon Ing v Loh Sze Ti Terence Peter (delivered by Andrew Phang JA) contained both, the latter of which an extensive judicial exposition on the difficulties (and tentative solutions) relating to the contractual doctrine of consideration. This re-evaluation of consideration at the slightest opportunity is unsurprising, given the conceptual problems that have afflicted the doctrine.There have been various judicial solutions, generally capable of classification into two distinct types: first, through an internal re-definition of concepts within consideration (for example, the equation of factual and legal benefit or detriment in Williams v Roffey Bros & Nicholls (Constructors) Ltd); second, through the application of an external doctrine in conjunction with or in replacement of consideration (for example, the arguable substitution of promissory estoppel for consideration in Collier v P & MJ Wright (Holdings) Ltd). For convenience, the former type will be termed the ‘internal solution’, and the latter termed the ‘external solution’. The application of either type of solution has different implications about the continued utility of consideration. Whilst leaving its final conclusion deliberately undecided, the Court in Gay Choon Ing seemingly preferred an external solution, providing yet another string to the bow for the abolition of consideration in contract law, at least in the Singapore context. However, questions remain as to the consequences of such abolition, particularly when, as this comment will suggest, there is insufficient recognition of the distinction between (and consequences of) internal and external solutions to the considerable problems of consideration. 2009-03-01T08:00:00Z text application/pdf https://ink.library.smu.edu.sg/sol_research/1352 https://ink.library.smu.edu.sg/context/sol_research/article/3304/viewcontent/gyh_CompromisingConsiderationSingapore_2009.pdf http://creativecommons.org/licenses/by-nc-nd/4.0/ Research Collection Yong Pung How School Of Law eng Institutional Knowledge at Singapore Management University Asian Studies Commercial Law
institution Singapore Management University
building SMU Libraries
continent Asia
country Singapore
Singapore
content_provider SMU Libraries
collection InK@SMU
language English
topic Asian Studies
Commercial Law
spellingShingle Asian Studies
Commercial Law
GOH, Yihan
Compromising on Consideration in Singapore: Gay Choon Ing v Loh Sze Ti Terence Peter
description It is not often that a judgment contains a reference to Aristotle’s work or a coda at its conclusion. The recent Singapore Court of Appeal judgment of Gay Choon Ing v Loh Sze Ti Terence Peter (delivered by Andrew Phang JA) contained both, the latter of which an extensive judicial exposition on the difficulties (and tentative solutions) relating to the contractual doctrine of consideration. This re-evaluation of consideration at the slightest opportunity is unsurprising, given the conceptual problems that have afflicted the doctrine.There have been various judicial solutions, generally capable of classification into two distinct types: first, through an internal re-definition of concepts within consideration (for example, the equation of factual and legal benefit or detriment in Williams v Roffey Bros & Nicholls (Constructors) Ltd); second, through the application of an external doctrine in conjunction with or in replacement of consideration (for example, the arguable substitution of promissory estoppel for consideration in Collier v P & MJ Wright (Holdings) Ltd). For convenience, the former type will be termed the ‘internal solution’, and the latter termed the ‘external solution’. The application of either type of solution has different implications about the continued utility of consideration. Whilst leaving its final conclusion deliberately undecided, the Court in Gay Choon Ing seemingly preferred an external solution, providing yet another string to the bow for the abolition of consideration in contract law, at least in the Singapore context. However, questions remain as to the consequences of such abolition, particularly when, as this comment will suggest, there is insufficient recognition of the distinction between (and consequences of) internal and external solutions to the considerable problems of consideration.
format text
author GOH, Yihan
author_facet GOH, Yihan
author_sort GOH, Yihan
title Compromising on Consideration in Singapore: Gay Choon Ing v Loh Sze Ti Terence Peter
title_short Compromising on Consideration in Singapore: Gay Choon Ing v Loh Sze Ti Terence Peter
title_full Compromising on Consideration in Singapore: Gay Choon Ing v Loh Sze Ti Terence Peter
title_fullStr Compromising on Consideration in Singapore: Gay Choon Ing v Loh Sze Ti Terence Peter
title_full_unstemmed Compromising on Consideration in Singapore: Gay Choon Ing v Loh Sze Ti Terence Peter
title_sort compromising on consideration in singapore: gay choon ing v loh sze ti terence peter
publisher Institutional Knowledge at Singapore Management University
publishDate 2009
url https://ink.library.smu.edu.sg/sol_research/1352
https://ink.library.smu.edu.sg/context/sol_research/article/3304/viewcontent/gyh_CompromisingConsiderationSingapore_2009.pdf
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