Contractual Interpretation in Singapore After Zurich Insurance: Continued Refinement

• Main Author: GOH, Yihan
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2011
• Subjects: Asian Studies; Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/1511; https://ink.library.smu.edu.sg/context/sol_research/article/3463/viewcontent/LGUPD__2011__SLWC_2_v1.0.pdf
• Institution: Singapore Management University

Ever since Lord Hoffmann’s authoritative restatement of the principles relating to the interpretation of contracts in Investors Compensation Scheme v West Bromwich Building Society, various common law courts and academics have weighed in with their views on two main issues: whether the contextual approach articulated in Investors in fact represents a step forward from the traditional literal approach; and, accepting the operation of the contextual approach, whether there remains room for the exclusion of certain extrinsic evidence in interpreting contracts. But the foremost consideration underpinning these issues is that of the perceived uncertainty which the contextual approach brings. The Singapore High Court in Soon Kok Tiang v DBS Bank Ltd added its voice to the growing list of local cases grappling with contractual interpretation. In doing so, it may provide an opportunity for the further refinement of the principles relating to contractual interpretation in Singapore.