Abstract
In Ma Hongjin v SCP Holdings Pte Ltd, the Singapore Court of Appeal confirmed that only contract variations supported by consideration are legally binding, rejecting the suggestion that the acceptance of practical benefits has so diluted the doctrine of consideration as to render the requirement illusory. Subsequently, in Charles Lim Teng Siang v Hong Choon Hau, the Singapore Court of Appeal declined to follow the UK Supreme Court's reasoning in MWB Business Exchange Centres Ltd v Rock Advertising Ltd, holding (obiter) that no oral modification clauses do not inevitably invalidate subsequent oral modifications. This note evaluates both decisions and concludes that their combined effect is to endorse a flexible framework for contractual variations in Singapore. The framework builds on the conception of contractual variations as a complex phenomenon encompassing both one‐off exchanges for value and cooperative adjustments to ongoing contracts. Nevertheless, its dominant focus is to promote enterprise through the enhancement of party autonomy.
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
