Topic 7 and 8: Reception of English Law

Question 1

Which of the following is true?

I. On the right of the speaker and occupying front row seats are members of the cabinet, the Frontbenchers. The rest are known as Backbenchers

II. NCMPs and NMPs sit in the last two rows on the left of the speaker.

III. Opposition members of parliament are scattered throughout the row left to the speaker.

IV. Leader of opposition sits in front row on the Speaker’s left

Answer 1

All are true

Question 2

The law comes into effect on one of two dates. What are the two possible dates?

Answer 2

Date of publication in Gazette.

Date it’s stated to come into effect within the law.

Question 3

Name 6 important changes the AELA made into Singapore’s legal system when it was implemented in 1993

Answer 3

It cut the Gordian knot and told us exactly what English law would be applicable in Singapore

s3 (1)
The common law of England (including the principles and rules of equity), so far as it was part of the law of Singapore immediately before 12th November 1993, shall continue to be part of the law of Singapore.

s3 (2)
The common law shall continue to be in force in Singapore, as provided in subsection (1), so far as it is applicable to the circumstances of Singapore and its inhabitants and subject to such modifications as those circumstances may require.

s4 (1)
An exhaustive list of English [statutes] that continue to apply in Singapore, subject to stated modifications

s4 (3)
To the extent to which any of the provisions of any English [statutes] is inconsistent with the provisions of any local [statute] in force at or after 12th November 1993, the provisions of the local [statute] shall prevail

s6 (1)
Subject to subsection (2), section 5 of the Civil Law Act [Cap. 43] is repealed.

s6 (2)
In respect of any proceedings instituted or any cause of action accruing before 12th November 1993, section 5 of the Civil Law Act shall continue to apply as if it had not been repealed by this Act.

Question 4

What did section 5 of the Civil Law Act provide for?

Why was it problematic?

Answer 4

In a nutshell, make you hostage to mercantile law as shaped in England and the European Union.

It continued to receive English [mercantile law] into Singapore on the theory that our system should be completely aligned with the English system on [mercantile] matters.

The problem was that once the UK became part of the European Union, things began to become complicated because there was European Union legislation.

Also, there was the problem that it was hard to keep track of what was going on and in many areas, there was great uncertainty as to which statutes even applied.

This was not so good for Singapore commercial practitioners or practitioners in general

Question 5

When was the landmark case of Regina v Williams?

Answer 5

1858 case from Penang

Question 6

Why was Regina v Williams significant?

Answer 6

It held that English law would apply in Singapore after the Second Charter, but subject to such modifications as were necessary to suit the circumstances of the place and the culture, customs, manners etc. of its native inhabitants.

Question 7

Which of the following is true?

I. Equity suspends the strict application of legal rules in service of fairness or a higher moral good

II. Equity refers to the doctrines and remedies developed by the Court of Chancery

III. The doctrines and remedies are characterised by fairness, moral reasoning

IV. Equity is not applicable in Singapore because of the AELA

V. Equity awards compensation only

VI. Equity remedies are discretionary

VII. Equity recognised new rights and protected new rights

IIX. Equity did not really establish a more effective system for dispute resolution

Answer 7

I
II
III
VI
VII

The rules of equity (part of common law) is applicable in Singapore up till 12 November 1993. Equity has also been fused with the common law with the Straits Settlements Civil Law Ordinance of 1878

Equity awards non-monetary remedies, such as injunctions.

Equity is widely regarded as having established a more effective system for dispute resolution

Question 8

What was the holding in Riggs v Palmer?

Answer 8

Inheritance statute cannot be read to allow murderer to inherit estate of his victim

Question 9

What are the characteristics of equity?

Answer 9

Fairness
Moral reasoning
Flexibility
Resist exploitation and abuse of legal rights

Question 10

What are some well known doctrines of equity?

Answer 10

Good faith
Unconscionable conduct
Unjust enrichment
Specific performance

Question 11

How was equity developed in England?

Answer 11

The Court of Chancery developed the rules of equity

The Chancery department churned out forms, known as writs. People would fill out writs in the form of complaints to start the lawsuit.

The writs contained the details of the action and the legal basis of the suit

Initially, the clerks issued whatever writ that claimant demanded.

After the Provisions of Oxford in 1258, any plaintiff wishing to file an action had to fit his claim into one of the extant writs already in place.

By the 1320s, Chancery began to perform the function of a court and was known as Court of Chancery.

Chancellor gave judgements, which were recorded as precedents.

Chancellor’s only concern was to establish the truth of the matter and to impose what he thought was a just solution.

From 1852, there was no longer a need to state the form of actions on writs that were filed.

In 1873- 1875, the English Parliament fused the Royal Courts and the Court of Chancery

Question 12

What is the ‘escape clause’ in the AELA?

Answer 12

The Minister may,
on the advice of the Law Revision Commissioners

and where he considers it necessary or expedient for the purpose of removing any difficulty arising from local conditions or circumstances in the application of any provision in any English enactment specified in the First Schedule,

by order modify or substitute that provision.

Question 13

A collective sale, also known as an en-bloc sale, is a sale of two or more property units to a common purchaser. This is distinctively Singapore law because the majority can override the wishes of the minority to compel them to sell their house. True or False?

Answer 13

True

Question 14

A bad person may not qualify for an equitable remedy. True or False?

Answer 14

True. The remedies are discretionary.

Question 15

What English Law was received in the Straits Settlements as a result of the Second Charter before the AELA?

Answer 15

All English Acts up till 1826.

All common law and equity up till 1826

Question 16

What was the original Section 5 of the CLA?

Answer 16

In all questions regarding mercantile law, the law to be administered shall be the same as administered in England in the like case and corresponding period, if such a similar case were to be decided in England, unless other provision is or shall be made by any law having force in Singapore

Question 17

Which of the following is true?

I. Where the rules of common law conflicted with those of equity, equity must prevail

II. The Chancellor of Chancery was originally not trained in the law

III. The rules of equity never became as technical as the rules of common law

Answer 17

All true.

To elaborate on II, later on, Chancellors men were appointed who were in fact trained in Common Law.

Question 18

What was the act that fused the Court of common law with the Court of equity in the UK?

Answer 18

English Judicature Act of 1873- 1875

Question 19

The Second Charter imported into the Straits Settlements the entirety of the English Common Law including the rules of equity but only as it stood in 1826. True or False?

Answer 19

True

Question 20

What was the act that fused the Court of common law with the Court of equity in Singapore?

Answer 20

Straits Settlements Civil Law Ordinance of 1878

Question 21

What courts does the Supreme Court consist of?

Answer 21

Court of Appeal and High Court

Question 22

What courts do the State Courts comprise of?

Answer 22

District Court
Magistrate Court
Coroners Court
Juvenile Court
Family Court
Tribunals; Small Claims Tribunal

Question 23

When did Singapore stop all appeals to the Privy Council?

Answer 23

1994, with the passing of the Judical Committee of the Privy Council Repeal Act

Question 24

What is the highest amount of claims that can be heard in the District Court?

Answer 24

$250K max

Question 25

What is the highest amount of claims that can be heard in the Magistrate’s Court?

Answer 25

$60K max