Is a Contractual Clause Excluding a Right of Set-Off Subject to the Requirement of Reasonableness in the Unfair Contract Terms Act?

Is a Contractual Clause Excluding a Right of Set-Off Subject to the Requirement of Reasonableness in the Unfair Contract Terms Act?

The Court of Appeal in Koh Lin Yee v Terrestrial Pte Ltd [2015] SGCA 6 (“Koh Lin Yee”) has decided that a contractual clause excluding a right of set-off is subject to the requirement of reasonableness in the Unfair Contract Terms Act (Cap 396, 1994 Rev Ed) (“UCTA”). In doing so, it also laid down s...

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Main Author: GOH, Yihan
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2015
Subjects:
Commercial Law
Online Access:https://ink.library.smu.edu.sg/sol_research/1496
https://ink.library.smu.edu.sg/context/sol_research/article/3448/viewcontent/20150212_Goh_Yihan_Is_a_Contractual_Clause_Excluding_a_Right_of_Set_Off_Subject_to_the_Requirement_of_Reasonableness_in_the_Unfair_Contract_Terms_Act.pdf
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spelling sg-smu-ink.sol_research-34482017-12-01T09:16:23Z Is a Contractual Clause Excluding a Right of Set-Off Subject to the Requirement of Reasonableness in the Unfair Contract Terms Act? GOH, Yihan The Court of Appeal in Koh Lin Yee v Terrestrial Pte Ltd [2015] SGCA 6 (“Koh Lin Yee”) has decided that a contractual clause excluding a right of set-off is subject to the requirement of reasonableness in the Unfair Contract Terms Act (Cap 396, 1994 Rev Ed) (“UCTA”). In doing so, it also laid down some general guiding principles relating to the application of the UCTA, namely, when a party is considered to be dealing “as consumer” under s 12(1), when a contract contains standard terms of business under s 3(1) and the application of the requirement of reasonableness. 2015-02-01T08:00:00Z text application/pdf https://ink.library.smu.edu.sg/sol_research/1496 https://ink.library.smu.edu.sg/context/sol_research/article/3448/viewcontent/20150212_Goh_Yihan_Is_a_Contractual_Clause_Excluding_a_Right_of_Set_Off_Subject_to_the_Requirement_of_Reasonableness_in_the_Unfair_Contract_Terms_Act.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 Commercial Law
institution Singapore Management University
building SMU Libraries
continent Asia
country Singapore
Singapore
content_provider SMU Libraries
collection InK@SMU
language English
topic Commercial Law
spellingShingle Commercial Law
GOH, Yihan
Is a Contractual Clause Excluding a Right of Set-Off Subject to the Requirement of Reasonableness in the Unfair Contract Terms Act?
description The Court of Appeal in Koh Lin Yee v Terrestrial Pte Ltd [2015] SGCA 6 (“Koh Lin Yee”) has decided that a contractual clause excluding a right of set-off is subject to the requirement of reasonableness in the Unfair Contract Terms Act (Cap 396, 1994 Rev Ed) (“UCTA”). In doing so, it also laid down some general guiding principles relating to the application of the UCTA, namely, when a party is considered to be dealing “as consumer” under s 12(1), when a contract contains standard terms of business under s 3(1) and the application of the requirement of reasonableness.
format text
author GOH, Yihan
author_facet GOH, Yihan
author_sort GOH, Yihan
title Is a Contractual Clause Excluding a Right of Set-Off Subject to the Requirement of Reasonableness in the Unfair Contract Terms Act?
title_short Is a Contractual Clause Excluding a Right of Set-Off Subject to the Requirement of Reasonableness in the Unfair Contract Terms Act?
title_full Is a Contractual Clause Excluding a Right of Set-Off Subject to the Requirement of Reasonableness in the Unfair Contract Terms Act?
title_fullStr Is a Contractual Clause Excluding a Right of Set-Off Subject to the Requirement of Reasonableness in the Unfair Contract Terms Act?
title_full_unstemmed Is a Contractual Clause Excluding a Right of Set-Off Subject to the Requirement of Reasonableness in the Unfair Contract Terms Act?
title_sort is a contractual clause excluding a right of set-off subject to the requirement of reasonableness in the unfair contract terms act?
publisher Institutional Knowledge at Singapore Management University
publishDate 2015
url https://ink.library.smu.edu.sg/sol_research/1496
https://ink.library.smu.edu.sg/context/sol_research/article/3448/viewcontent/20150212_Goh_Yihan_Is_a_Contractual_Clause_Excluding_a_Right_of_Set_Off_Subject_to_the_Requirement_of_Reasonableness_in_the_Unfair_Contract_Terms_Act.pdf
_version_ 1772829676756008960

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