Singapore to prosecute business crimes, including the elements of the crimes and the requisite mental state of the accused: o Fraud and misrepresentation in connection with sales of securities Prohibited conduct in relation to securities are set out under Sections 196 to 204 of the SFA. There is also the negligent element of misrepresentation, which is based in tort. This entry aims only to summarise that restatement of law. Pre- Mention Representations – Elements of a Crime, Singapore. (2014) 15 SAL Ann Rev Contract Law 219 Industry Software v Lion Global Offshore Pte Ltd [2014] SGHC 251 (“Siemens Industry Software”).This was an appeal by the defendant, Lion Global Offshore Pte Ltd, against the assistant registrar’s decision to Case summary by Tedric Chai. Contractual estoppel has been developed in the context of the exclusion of liability for misrepresentation. Misrepresentation is based mainly in contract law, and has a relationship with other areas of contract that this module guide will explore, such as terms and mistake. Found inside – Page 131Five elements must be satisfied to establish the tort : 1 1. There must be a misrepresentation . 2. It must be made in the course of trade . 3. The misrepresentation must be made to customers or consumers of goods and services . 4. It must be ... SECTION 10 MISREPRESENTATION. the neces-sary elements. Citing Staywell, the three elements of passing off being goodwill, misrepresentation and damage, the hearing officer firstly found that the opponent did have the requisite goodwill (volume of business conducted in Singapore), considering the small size and nature of target market, to sustain a passing off action. 1 Tribune Investment Trust Inc v Soosan Trading Co Ltd [2000] 2 Singapore Law Reports (Reissue) 407 (Court of Appeal, Singapore). Fraudulent misrepresentation transpires when a false representation is made by a person (i.e. The terms of the withdrawal also appear to be quite ugly, with Temasek reportedly withdrawing its financing due to misrepresentation by Bitmain CEO and co-founder Jihan Wu. 2 Norwest Holdings Pte Ltd v Newport Mining Pte Ltd [2010] 3 Singapore Law Reports 956 (High Court, Singapore). Elements of misrepresentation 2. [42] RBC Properties Pte Ltd v Defu Furniture Pte Ltd [2014] SGCA 62 (“ RBC Properties ”) contains an invaluable restatement of the law relating to misrepresentation in Singapore. A guide for constructing and using composite indicators for policy makers, academics, the media and other interested parties. In particular, this handbook is concerned with indicators which compare and rank country performance. The Court of Appeal dealt with three important issues relating to the law of misrepresentation, namely: When a representor can rely on the defence of reasonable belief under s 2 (1) of the Misrepresentation Act (Cap 390, 1994 Rev Ed); The type of damages recoverable under s 2 (1) of the Misrepresentation Act; … misrepresentation. Found inside – Page 66Misrepresentation is when one person makes an untrue statement which induces ... When there is a mistake or misrepresentation or one of the elements of the ... As such, the Registrar held that there was no likelihood of confusion and therefore the element of misrepresentation was not present. This book is the collective effort of the Law Department of the Business School of the Singapore Management University. goodwill … However, misrepresentation was not established. Hence, it is necessary that the correct financial statements are presented to the interested parties. Competing theories of contract: an emerging consensus? Martin A. Hogg 3. Contracts, courts and the construction of consent Tom W. Joo 4. Are mortgage contracts promises? Curtis Bridgeman Part II. Normative Views of Contract: 5. Negligent misrepresentation 3. A misrepresentation by the defendant to the public, leading or likely to lead the public to believe that its goods or services are those of the claimant. Note that the property at issue is not "real property” which, in turn, is usually defined as land and attached improvements on land. In case the false statement was made without any knowledge of the same or with no bad intent, it qualifies for innocent misrepresentation. Found inside – Page 54The basic elements of misrepresentation are: (a) the statement must have been ... s 18(1); Marine Insurance Act, Cap 387, Singapore Statutes, rev ed, 1994, ... 2013/2014. Goh told Florence that the negotiations on the trade sale at an “advanced stage”, and if the trade sale did not occur, there would be an IPO of AMP on the SGX scheduled for March to June 2015. Found insideCover -- Half-title -- Title -- Copyright -- Dedication -- Contents -- Preface -- 1 Youth and Media -- 2 Then and Now -- 3 Themes and Theoretical Perspectives -- 4 Infants, Toddlers, and Preschoolers -- 5 Children -- 6 Adolescents -- 7 ... Found insideNew essays by leading figures from the judiciary, practicing lawyers and academics illuminating the worlds of trusts and wealth management. Under … Under the law of Singapore, the tort of passing off protects a trader's goodwill in his business. it must be proved that the claimant suffered damage by so doing; and. The Registrar is of the opinion that the first element of passing off (i.e. To succeed in a passing off action, a claimant needs to prove the three elements of goodwill, misrepresentation and damage. In addition, the statement must be material. In particular, the statement must have persuaded the plaintiff to have entered into a contract. In some courts of law, the plaintiff must also argue that the statement would have persuaded a "reasonable person" to enter into a contract. There are several caveats to this rule, however. include the following: (1) a material misrepresentation that is false and ordinarily one of fact;' 0 (2) knowledge or belief on the This vital volume should not be missed by economists, as well as those interested in imperial histor. There are three elements of a misrepresentation: (1) Misrepresentations must be false statements of fact. University. Found inside – Page 50Misrepresentation of relevant particulars , incorrect reports or certificates , and failure to perform his statutory ... to the effect that , to the best of his knowledge and belief , the plans of the structural elements do not show any inadequacy . An untrue statement must have been made by the contracting party, or be made known of it. Provides the final report of the 9/11 Commission detailing their findings on the September 11 terrorist attacks. The following provides a basic list of oral contract requirements: The terms of the contract must be valid and legally enforceable; It must contain the necessary elements found in all contracts (e.g., offer, acceptance, consideration, and mutuality or a “meeting of the minds”); and. The false claim, or misrepresentation, is vital to … In order to establish misrepresentation, the representation that has turned out to be false has to be a statement of an existing fact or past event. Promissory estoppel may apply when the following elements are proven: An “element” is a necessary component of a legal claim. Criminal breach of trust consists of the following elements (Tan Tze Chye v PP [1997] 1 SLR (R) 876 (HC) at [36]): 1. In the fraudulent misrepresentation context, the benefit-of-the bargain measure of damages allows the plaintiff to recover the difference in value of the property as represented by the defendant and the value of the property the plaintiff ultimately received. Normally the question of whether the parties have agreed is tested by asking whether one party has made an offer which the other has accepted. Found inside – Page 46Other common law jurisdictions such as the UK, Australia and Singapore do not ... the plaintiff to prove elements of goodwill, misrepresentation and damage. Found inside – Page 54Misrepresentations concerning other components of goodwill are protected by ... Yap Kwee Kortrading as New Star Industrial Company (Singapore) [1976] UKPC ... In recent months, the Appellate Division, First Department, released several decisions relating to general releases which, separately and together, instruct a cautionary tale. Misrepresentation - Summary Law of Contract. In addition to the other elements outlined above, the person must have made the fraud or willful misrepresentation to a U.S. government official in order for such act to rise to the level of an inadmissible offense. The 16th edition of McGregor on Damages maintains the standards of its forebears and provides an authoritative text on common law damages. The representation must be a factual claim. Found inside – Page 301To succeed in this action , the plaintiff must show : ( a ) Goodwill : The trade mark enjoys a reputation in Singapore . ... ( c ) Damage : The plaintiff suffers damage as a result of the misrepresentation and confusion . ... 37 The common law right in a trade mark is not dependent on registration of the trade mark ; unregistered marks will be protected so long as the above three elements are satisfied . 2 . Singapore High Court dismisses claim in fraudulent misrepresentation, negligence, breach of contract and conspiracy Allen & Gledhill LLP Singapore June 27 2014 Course. For example, if someone is selling a car and they say that it has 15,000 miles on it when it actually has 15,124 miles, the misrepresentation would like not be … The CA highlighted the three key elements of goodwill, misrepresentation and damage in the tort of passing off as follows: > Goodwill is not the goodwill in the mark, logo or get-up, but the goodwill “in the business as a whole”,4 or the “attractive force” that draws in the custom;5 Importantly, all misrepresentation claims should address the elements below. Where a statement made during the course of negotiations is classed as a representation rather than a term an action for misrepresentation may be available where the statement turns out to be untrue. For a contract to be legally binding, there are six essential elements to a valid contract: offer, acceptance, consideration , intention to create legal relations, legality and capacity, and certainty. 10. It provides a legal explanation for the validity of ‘no representation’ and ‘no reliance’ clauses, which may contradict the true state of affairs and prevent a claim for misrepresentation … goodwill … Even though the statutes defining embezzlement do not make criminal intent essential, it is an essential element nonetheless. Therefore, an understanding of tortious principles will be helpful in understanding the law. Singapore to prosecute business crimes, including the elements of the crimes and the requisite mental state of the accused: o Fraud and misrepresentation in connection with sales of securities Prohibited conduct in relation to securities are set out under Sections 196 to 204 of the SFA. 16 July, 2018. There are three types of misrepresentations 1. However, the elements required for a prima facie case of misrepresentation, and the scope of liability, will hinge on which of the three basis of liability is used to establish misrepresentation. Found inside – Page 172Singapore and, where appropriate, to highlight certain issues which would be of particular concern to foreign traders ... following three elements (the so-called "classical trinity"9) must be proved: * Goodwill which is attached to the plaintiffs goods or services; * A misrepresentation by the defendant leading to deception or confusion; * Damage to the plaintiff's goodwill as a result of the misrepresentation. 1. 458 Singapore Journal of Legal Studies [2009] (2) It might result in a valid but defective contract, where either party has the right to seek rescission3 of the contract. Found inside – Page 47It analyses the elements of the duties as embodied in ss18 (2) and 20 (2) of ... of disclosure and misrepresentation and their relationship to the concept ... For example, if someone is selling a car and they say that it has 15,000 miles on it when it actually has 15,124 miles, the misrepresentation would like not be … (3) The misrepresentation by the representor must have caused a loss of the representee. The book includes a discussion of the conceptual, methodological, and logistical issues needed to create a solid research base as well as the ethical concerns that must be considered when working with older subjects. [Contract] — [Misrepresentation Act] [Tort] — [Misrepresentation] — [Fraud and deceit] [Tort] — [Misrepresentation] — [Negligent misrepresentation] [Trusts] — [Accessory liability] — [Dishonest assistance] [Trusts] — [Accessory liability] — [Requisite mental state] [Restitution] — [Restitution for wrongs] — [User principle] It must have been addressed to the party misled. Louis Chew. What are the key elements of undue influence? Required element of a misrepresentation claim—statements. (b) Misrepresentation that has led to or is likely to lead to deception or confusion amongst the public and (c) Actual damage or a genuine likelihood of damage to the Opponent’s goodwill. A misrepresentation is an untrue statement of fact by one party which has induced the other to enter into a contract. It renders the contract voidable, and it may also give rise to a right to damages. For it to be actionable, it must be an untrue statement, a statement of fact and have inducement. Moreover, as the word “Raffles” is peculiar to Singapore, being the last name of her founder, Sir Stamford Raffles, the public would be more discerning of marks consisting of the word “Raffles”. Mistake - Summary Law of Contract Mid Test January 2014, questions 1 - Formation of Contract 2- Terms of the Contract 6 - Privity - … ... Wrong answer: the Singapore courts are more prepared to adopt a wider approach towards interpreting the doctrine of unconscionable bargain. When such a plea is Silence can also constitute misrepresentation, when a party makes an incomplete disclosure of crucial facts, or fails to correct a representation that subsequently became false. Case summary by Tedric Chai. Similarly, detrimental reliance is required when proving misrepresentation, negligent misrepresentation, violation of the Unfair Practices Act (or UPA), and enforcing an oral contract under the theory of promissory estoppel. The Registrar also found the element of misrepresentation to be established as (i) the competing marks were similar; (ii) the words “lens me” possessed an “ordinary” level of distinctiveness; (iii) the application mark had not been used in Singapore; and (iv) the respective fields of business between the parties either overlapped or were very close. The main vitiating factors in the law of contract are: misrepresentation, mistake, undue influence, duress, incapacity, illegality, frustration and unconscionability. The High Court has held that an entire agreement clause in a commercial contract had the effect of excluding liability for misrepresentation under section 2 (1) of the Misrepresentation Act 1967: NF Football Investments Limited v NFFC Group Holdings Limited [2018] EWHC 1346 (Ch). II) The other party relied on the false statement. The elements of misrepresentation are the individual component arguments that must be proved in order to win a misrepresentation case under the tort of deceit. Academic year. Contract Law Misrepresentation Cases 1. A representation was made. An untrue statement of fact or law made by Party A (or its agent) to Party B, which induces Party B to enter a contract with Party A thereby causing Party B loss. The accused must be “in any manner entrusted with property or with dominion over property. Causation. Found inside – Page 359... Professor of Law National University of Singapore) ... this section will examine its essential elements of misrepresentation, goodwill, and damage.82 75 ... Found inside – Page 536However , the first element is almost always satisfied with the least fuss . It is the second element of misrepresentation that is the crux of an action in passing off against parallel importers . 33 2. Misrepresentation The test for misrepresentation ... Found inside – Page 323See also Misrepresentation Ordinance (Cap 284) (HK) section 2 and ... In Singapore, the prevailing view is that statutory damages for innocent ... "The World Investment Report 2018 provides analysis of the interaction between new industrial policies and investment policies. Amongst the key elements of an actionable misrepresentation is the requirement for a statement to have been made by/on behalf of the representor to the representee. It does not matter that the offender had been instigated to do so. National University of Singapore. In § 3729 (b) (1), knowledge of false information is defined as being (1) actual knowledge, (2) deliberate ignorance of the truth or falsity of the information, or (3) reckless disregard of the truth or falsity of the information (DOJ). Found inside – Page 135Elements The courts are in general agreement regarding the essential elements of fraud. They are commonly stated to be: (1) A material misrepresentation ... Contractual estoppel has been developed in the context of the exclusion of liability for misrepresentation. Singapore's Richest. 8.10.1 A contract which is induced by a misrepresentation may be set aside, and may give rise to an action for damages. Misrepresentation Following the finding of goodwill, the element of misrepresentation was satisfied primarily based on the following grounds: The similarity between the competing marks; The lack of use of the Applicant’s Mark in Singapore and the absence of any … However, silence may amount to misrepresentation if a half truth is offered, if the maker realizes the statement is not true before the contract is made, in contracts of uberrimae fidei (general duty of good faith on the parties; insurance contracts), and in contracts where there is a fiduciary duty (partnerships). Singapore Trademarks: Passing Off as a Fox not a Cunning Move. 9 . The recent Court of Appeal decision of . Obviously, a representation must be made in a case alleging fraudulent misrepresentation. goodwill, misrepresentation and damage, the Registrar found that there was no dispute the Applicant’s business had acquired sufficient goodwill to justify protection under the law of passing off. Misrepresentation is a type of tort that a defendant can be charged with in a civil action. For a pre-contractual statement to be an actionable representation it must have been a statement of fact. Found inside – Page 298special " relationship defined negatives the pre - existing law with regard to innocent but negligent misrepresentations in the ... To succeed in an action for fraudulent misrepresentation in the tort of deceit , five elements must be proved : • There ... The book is frequently cited in court and continues to set the agenda for future developments in the field. The new 9th Edition is completely up-to-date and contains detailed discussion of important decisions since the last edition. The misrepresentation is "material to the transaction," which means it must be about an important element of the transaction at hand. This highly-praised textbook provides detailed and incisive coverage of all aspects of restitution. To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the person or entity who is the subject of the statement. 1. Breach of duty. [6] The claimant must prove actual fraud. For example, misrepresentation occurs when a person signs a contract, then suffers damages as the result of taking the other person’s advice. no scienter (intent to defraud) is required. 148, 157; i.e. Mere puffery does not count as a representation. In common law jurisdictions, a misrepresentation is an untrue or misleading statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. The agenda for future developments in the context of the intricacies of contract law the... 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