When Will the Breach of Duty Exception Apply?

03 Nov 2023 CaseWatch

In Axis Megalink Sdn Bhd v Far East Mining Pte Ltd [2023] SGHC 243, the General Division of the High Court of Singapore (High Court) expounded on the breach of duty exception and elaborated on how this principle interacts with the attribution of an agent’s knowledge and acts to his principal. The High Court also explained how a mistake as to a counterparty’s identity (in particular, the characteristics of the counterparty) could lead to the contract being declared void through the operation of the doctrine of unilateral mistake at common law. The High Court further reaffirmed the principle that silence can amount to an operative misrepresentation if there is a duty on the alleged representor to speak or disclose certain facts to the representee.

Our Partners Koh Swee Yen SC and Joel Chng, Senior Associate Felicia Soong and Associate G Kiran acted for the successful defendant before the High Court.

If you would like information and/or assistance on the above or any other area of law, you may wish to contact the Partner at WongPartnership whom you normally work with or any of the following Partners:

KOH Swee Yen, Senior Counsel
Head – International Arbitration
Partner – Commercial & Corporate Disputes
d +65 6416 6876
e sweeyen.koh@wongpartnership.com
Click here to view Swee Yen’s CV.

Partner – Restructuring & Insolvency and
Special Situations Advisory
d +65 6517 8707
e joel.chng@wongpartnership.com
Click here to view Joel’s CV.