Bankruptcy

Why Representing Yourself In Court is Not a Good Idea

The Singapore legal system has in recent years come up with toolkits, information, booklets, and webpages dedicated to supporting self-representation in Court. While it is granted that self-representation is the cheaper option, it may not be such a great idea if you do not achieve your desired results and lose the case in Court.

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Key Terms of a Contract

Whether you’re signing off on a simple tenancy agreement or a multi-million dollar joint venture agreement, contracts are part and parcel of life and business.

Many disputes and problems can be avoided if you read your contracts properly, with a keen eye for detail and some knowledge of legal terminology. Of course, the best thing to do would be to approach a lawyer to review a contract you are about to enter into. Lawyers are familiar with contract law and have developed a keen understanding of various types of clauses and how to draft them, even challenge them. Lawyers may also negotiate for amendments to terms and conditions in the contract which are not favourable to you.

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Avoid Liability For Breach of Contract

So, you’ve signed a contract, ready and willing to do all it takes to ensure that you perform your side of the bargain and receive what the other side promised. However, something crops up – the other side now claims that you’ve breached the contract. But you think you have an excuse.

In many cases, even if you’ve technically breached the contract, the law affords you several defences which may allow you to avoid liability (partially or fully) for breaching the contract and reduce your exposure to damages. These defences will enable you to be released from certain conditions in the contract or the whole contract.

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What If You Tenant Doesn’t Pay Rent?

The most common breach of tenancy agreements is the late or non-payment of rent.

The tenancy agreement normally allows the Landlord to re-enter the premises and terminate the tenancy upon non-payment for a stipulated number of months/days. The agreement also typically allows the Landlord to forfeit the deposit.

In addition to the above, the Landlord may sue the tenant in the civil courts of Singapore to claim his or her dues. This typically takes three forms.

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Breach of Contract: What Can You Claim?

These claims are typically called remedies for breach of contract. There are 2 types of remedies – common law remedies and equitable remedies.

• Common law remedies include damages and quantum meruit.

• Equitable remedies include specific performance and injunctions.

The main practical difference between these 2 types of remedies is that equitable remedies are at the discretion of the courts – even when you win the case in court, the court may decline to award equitable remedies, but it must always allow for common law damages to be claimed and awarded, because damages are available ‘as of right’.

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How to get out of Bankruptcy in Singapore

There are 4 ways of doing so.

If you completely undertake any of these 4 methods,

• your name will be either completely and immediately removed from the bankruptcy register (and thus not searchable by the public), which an Annulment; or
• you will become an Undischarged Bankrupt, which means your name is still on the bankruptcy register and will be removed only after some time.

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Costs and Process to bankrupt someone

Bankruptcy can be filed by either a debtor or creditor if a person cannot repay debts of at least $15,000. For creditors, they can file in Court to make a debtor bankrupt if they believe that the debtor can repay the debts owed to them.
Should you find yourself in the situation of a creditor, what can you do? And how much would it cost? This article aims to address the many questions a creditor may have to make an informed decision as to whether to apply to Court to bankrupt a debtor.

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How to Recovery Debts in Singapore

Have you lent a sum of money to a friend or relative through an IOU but have yet to receive the money-back? Or have you provided a business service or goods to a client, and they have yet to make the payment. You have asked and asked, but all to no avail. What will you do next? This article will aim to help you out if you are ever in this situation.

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