Lord Denning’s Influence on Contract Formation in Singapore - An Overdue Demise?

(2017) 17(2) Oxford University Commonwealth Law Journal 211

Posted: 19 Sep 2017 Last revised: 5 Jan 2018

See all articles by Chia Ming Lee

Chia Ming Lee

Independent

Kenny Chng

Singapore Management University

Date Written: September 17, 2017

Abstract

In a series of inconsistent decisions by the Singapore courts on contract formation in continuing negotiations cases, Lord Denning’s broad approach—which does away with the traditional offer and acceptance analysis—appears to have been simultaneously adopted and rejected. This article suggests that the continued uncertainty in Singapore regarding the scope of application of the traditional approach and Lord Denning’s approach arises from a conflation of both as being substantially similar. This article further argues that both approaches are conceptually and practically distinct. A better way forward for Singapore law in the area of contract formation in continuing negotiations cases, having regard to developments in English law and a comparative study of various approaches taken in international instruments and jurisdictions around the world, is to affirm the traditional approach as the default rule, subject to displacement in exceptional situations.

Suggested Citation

Lee, Chia Ming and Chng, Kenny, Lord Denning’s Influence on Contract Formation in Singapore - An Overdue Demise? (September 17, 2017). (2017) 17(2) Oxford University Commonwealth Law Journal 211, Available at SSRN: https://ssrn.com/abstract=3038568

Chia Ming Lee

Independent ( email )

Kenny Chng (Contact Author)

Singapore Management University ( email )

Li Ka Shing Library
70 Stamford Road
Singapore 178901, 178899
Singapore

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