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Contractual Disputes

Contractual Disputes occur when people involved in a contract do not stand by their originally stated agreements and this can inevitably cause irreversible harm to existing relationships. Some examples of contractual disputes include:
  • Contracts to buy a business
  • Landlord/tenant disagreements
  • Conflicts between business partners
  • Accusations of breach of contracts
Singapore contract law is based on British common law. A contract is only legal if the parties entering into it are “competent” or have the capacity to contract. In Singapore, a contract entered into with a minor, a person of unsound mind or an inebriated person may not be enforceable. Those individuals are deemed not to have the capacity to contract if they did not understand what they were agreeing to. Under Singapore law, a contract is only formed if: 1) a party makes an “offer” of some good or service, 2) the other party or parties “accepts” that offer, and 3) some consideration passes between the parties.

To satisfy the legal definition, the offer must express or imply a promise to be bound by the offer and not be simply a solicitation, also known as an invitation to treat. Finally, to be considered a contract, the agreement must be supported by consideration, which means that the parties must give something of value to each other. Otherwise it is considered a gift.

If both parties do everything required under the contract, the law says there has been performance. If one or both of the parties fails to perform, the law says there has been a breach of the contract.

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