Which law is based on precedents/court decisions? Common law.

What is statute law? Passed by bills in parliament. Lease usually falls under
Statute law under the Conveyancing and Law of Property Act, Chapter 61

What is equity? Remedy for grievances, natural justice

What if there is a conflict between common law and equity? Equity prevails.

What are the features of a lease? Exclusive possession (person sitting on throne),
intention of parties (desire), period of term (clock), reversionary interest

Who gets exclusive possession? Tenant. Who gets reversionary interest? Landlord

What is equitable lease? Lease created orally. Equitable interest.

Difference between equitable lease and legal lease? Legal lease has legal
interest. Not created orally but in writing.

How should a landlord enter into a tenancy less than 3 years? Can enter in
equitable lease (orally) or by a simple contract.

Punjeeb singh intends to enter into a lease of 3 years with an option to renew for
another 3 years (total 6 years). How can he enter? Enter into legal lease

Punjeeb singh intends to enter into a lease of slightly more than 7 years (4+4
years). How can he enter? Enter into a Deed and register with the Registry of
Titles.

Punjeeb singh intends to lease his private apartment for slightly more than 7
years (4+4 years) to a foreigner. Can he do so? He must first seek approval from
the Controller of residential Property LDAU (land dealings approval unit)

What is a fixed term tenancy? Lease for a fixed time. After the term has expired,
if the tenant remains, he becomes a tenant at sufferance. Punjeeb can evict
tenant without giving notice or impose a new lease.

Difference between periodic tenancy and tenancy at will? Tenancy at will each
party can terminate at any time by giving notice to quit. Periodic tenancy can
also terminate by giving notice to quit, but must wait until tenancy ends. If
terminate before tenancy ends, the one terminating must pay for the months
remaining on the lease. Tenancy at will no fixed period specified upfront.
Periodic tenancy associated with fixed period.

Either landlord or tenant must give notice to quit if only for periodic tenancy or
tenancy at will. Not for fixed term tenancy.

Mr M works for Punjeeb Singhs pub as a pole dancer. Punjeeb singh lets him stay
in the shophouse. What kind of tenancy is this? Service tenancy. Will terminate
once Mr M ceases to be an employee of Punjeeb.
Mr M doesnt want to stay so he lets his friend stay in the shophouse instead.
Can he? No.

What are a Landlords covenants? Quiet enjoyment (ZZzzz), Not to derogate from
his grant Must abide by the tenancy agreement. Fit for human habitation,
furnished unit (hut), Pay property taxes, building insurance other charges (IRAS),
structural & external repair

What are the implied powers of a landlord? Can enter premise by giving 2 days
notice to commence repair works (number 2), Make good defects (link to 2), Can
terminate the lease if rental not paid within 30 days (number 30)

What are the tenants covenants? Payment rent ($$ + out sign), No sublet
(sublet clothing), pay bills for own usage (PUB), Allow landlord to enter premise
(entry permitted sign), dont make structural alterations (hammer sign), Use
premises for permitted uses (prostitute), Not to commit waste (rubbish bin)

Tenant only have covenants, dont have implied powers.

Therefore must state air con servicing clause.

Permissive waste, voluntary waste, equitable waste, ameliorating waste.

Clarice makes hammers into the wall of her landlords property to hang her
landlords painting. Which waste does she create? Voluntary.

Clarice builds a swimming pool on her landlords property. Which waste does she
create? Ameliorating waste

Equitable waste: none of the above. Like letting your dog destroy property,
cutting down trees for the sake of tenants enjoyment at the expense of the
landlord.

What are the standard terms of lease: Premises, Habendum, Reddendum

What conditions are under habendum? Term (start and end date)

What conditions are included under rental clause? If clause doesnt mention,
rental is assumed to be payable in arrears.

What conditions are included under Covenant to Allow Access Clause? Put in
when landlord wants to sell property. Then can enter premises to conduct
viewings with prospective tenants. Otherwise violate ZZzzz implied rights of
tenant.

What conditions are included under Deposit Clause? Deposit is used to pay for
damages caused by tenant, not to offset outstanding rent.

What conditions are included under Non disturbance clause? So that tenant can
enjoy property even though creditors have taken over. (UOB cannot disturb
tenants stay if have this clause)
What conditions are included under Minor Repair clause? Extent to which tenant
must take care of property. Covers landlord by stating what tenant must do.

What conditions are included under forfeiture clause? Implied powers of landlord
to terminate lease upon 30 day (think 30 days condition). But if landlord want to
terminate lease for more reasons, then must state.

What conditions are included under interest on arrears? Allows landlord to charge
interest on late rent.

Who exercises the option to renew (OTR) clause? Tenant. Tenant must agree with
lease terms first. But it is granted by landlord.

If tenant never exercises the option to renew (OTR), can it be considered as a

renewal? No.

What conditions are included under Diplomatic clause? Allows tenants to

terminate the lease before expiration if need to leave the country/

What conditions are included under En-bloc clause? Tenant has implied right to
ZZzz. Term allows landlord to terminate lease if property goes en-bloc. If never
stated, then violates tenants ZZzzz rights.

Jeffrey manages to sell 23 Neythal Road to Anwar. When Anwar takes over the
property, is he bound by the terms of the existing TAs? Yes, Anwar must accept
the terms and cannot change them. Therefore Anwars salesperson should ask
for a copy of the TA.

What if Jeffrey decides to terminate the tenancy before Anwar takes over but
after the contract is signed?

What are the features of the Novation Agreement? Tenant relinquishes interest,
terms of existing TA are not changed but new TA is signed to substitute existing
TA

What are the features of the Assignment Agreement? Landlord transfer

reversionary interest to third party, Assigns lease to the incoming landlord.
(cannot assign to another tenant but can assign to another landlord)

Under Novation and Assignment Agreement, is stamp duty required? No

A (Landlord) rents to B (main tenant). B rents to C (Sub tenant). What are the
procedures? B signs subletting agreement and tenancy agreement with A
(landlord). A has nothing to do with C.

What is the minimum tenancy period for pte residential unit? 6 months

What is the minimum tenancy period for hotel? Daily, hourly

What is the minimum tenancy period for Service Apartment? 1 week

Lionel De Souza wants to rent his 1,000sqm (NOTE sqm not sqft) private
apartment. What is the max no of tenants? 8

Lionel De Souza wants to rent his 50sqm (NOTE sqm not sqft) private apartment
to GE (note company). What is the max no of tenants? 50/10sqm = 5 persons.
For transient occupiers, must list down in tenancy agreement

What happens if GE breaches the tenancy to Lionel? Lionel can sue GE within 6
years from the date rental is due. Lionel can also apply for a writ of seizure to
seize property to repay rent up to 1 year. GE will get its furniture etc seized.
Lionel can apply for a writ of possession to repossess the premise (peaceful
method compared to writ of seizure).

What happens if GE pays up? GE can claim relief against forfeiture. Once GE do
so, Lionel cannot repossess.

What are the procedures Lionel must follow if GE breaches tenancy? 1) Lionel
must serve notice 2) ask GE for remedy or compensation or compliance 3)
Enforce forfeiture. Step 3 can be enacted if only tenant fails to comply with step
2.

How can a lease be terminated? Expiry of lease term => if lease term ends and
no one renew, forfeiture => landlord reposseses property due to reasons like
tenant never pay rent or any other reasons under forfeiture clause, notice to quit
=> for periodic tenancy or tenancy at will, Surrender => both tenant and
landlord mutually agree in writing to terminate tenancy, Tenant become bankrupt
or dies, Tenant becomes too rich and buys over property (opposite of bankrupt),
Frustration/Act of God => eg govt acquires property to build new MRT line,
Tenant relocates overseas (if have diplomatic clause), Constructive eviction
clause => property becomes unfit for quiet enjoyment tenants rights due to
landlords actions, tenant can terminate under quiet enjoyment

Landlords agent will prepare letter of offer (offer the lease). Tenants agent
prepare letter of intent (intention to enter into the lease). Landlord prepare the
TA. Tenants agent will pay stamp duty on the TA. Landlords agent will prepare
inventory list/property condition report. Tenants agent will apply power supply.
Each agent will check whether their clients are legitimate. Eg, landlords agent
will check whether landlord is registered owner, tenants agent check whether
tenants passes are valid.

Features of shopping centre lease: Rent includes GST! (under residential rent),
state a certain amount of advertising and promotion cost shopping centre will
spend, mandate the use of common areas, usually require guarantor for tenant,
stipulate opening hours (cannot open too late or too early), tenant must take up
insurance such as public liability etc

What happens if stamp duty is paid late or not paid? Up to a max of 4xstamp
duty of fine
Lets say Brewekz leases a shop from CapitaMalls in Tampines. Before
commencement, the TA is cancelled. Can stamp duty be refunded? Yes, but up to
max of $50.

Can also refund if there is double stamping.

Difference between trustee and beneficiary? Trustee holds property for the
beneficiary. Trustee has legal interest while beneficiary has equitable interest.

How to symbolize the legal interest held by the Trustee? A trust deed, which is
registered with the Land Registry. The trust deed is signed between the trustee
and beneficiary and is legally binding. Before that, there is a transfer form to
transfer the property to the trustees name.

What are the three elements of a trust? Intention, property address and
beneficiaries

Express trust (there is a trust deed), Testamentary trust (there is a persons will),
Intestate (without will)

What is a resulting trust? PM Lee (Singaporean beneficiary) buys the property but
it is registered in TPLs (trustee) name. However, if the property were purchased
by Najib (foreigner is a beneficiary) this is not allowed as TPL (Singaporean)
cannot hold trust for Najib.

What is a Constructive Trust? Supposed PM Lee misappropriated Singapores

funds to buy property under his name.

What is an Unregistered trust? PM Lee (beneficiary, equitable interest) buys from

Goh Chok Tong. Meanwhile, Goh Chok Tong (the trustee, legal interest) still holds
on to the property while Completion is pending.

Supposed TPL gains a commission while buying/selling properties off the PM Lee
trust. Is this allowed? No, because the trustee cannot gain profit for himself.

What are the other duties of a trustee? Invest the trust carefully (think of the
trust mandate), have a proper account of his dealings (keep proper
documentation & retention of records), act in best interest of beneficiaries, act
with honesty (Cheng Shi),

How is a trust terminated? By court order to remove trust, Trustee resigns, or by

sale

What is a gift? Without monetary consideration. Irrevocable once transferred

cannot be returned, between donor and donee

Mode in which gift is transferred? Transfer or Conveyance

Is stamp duty payable even when there is no monetary consideration? Yes, cos
theres a transfer!
A father gives his son a mansion in year 2013. The father goes bankrupt in year
2014 (2 years). What happens to the gift? It becomes void.

A father gives his son a mansion in year 2013. The father goes bankrupt in year
2017 (5 years). What happens to the gift? Son must then prove that his father
was in good financial condition when he gave the gift. Voidable.

What are the two types of Succession? Testate Succession (with will) and
Intestate (without will).

What happens in Testate Succession? Court issues Grant of Probate and appoints
an Executor to carry out will.

What happens in Intestate Succession? What is issued by Court? Letters of

Administration. Who is appointed by the Court? Administrator. What Act applies?
Intestate Succession Act

Hierarchy when a person dies without a will

Suppose LKY dies intestate. Kwa Geok Choo is still alive. His son PM Lee is the
PM. His Father is also alive. What is the distribution? Note: wife, sons, parents
alive ignore parents. 50% Kwa Geok Choo, 50% to PM Lee & Hsien Yang.

LKYs father gets angry with his sons. Because if his sons die, the wife will get
50% and he will get 50%.

LKYs father kills PM lee. (so money goes to father and wife). Geok Choo then kills
LKYs father. So she inherits the entire estate.

Supposed LKYs father kills Geok Choo and PM Lee instead. With only parents left,
he will inherit.

After the family saga, the order is like this: siblings, grandparents, uncles/aunts
then moral claimants.

Uncles and Aunts are last tier in the family hierachy. Moral claimants are the last
tier. Finally last last tier is the State.

Note if LKY has an illegitimate child whose birthright was never registered
officially, can the child inherit without a will? No.

What are the forms of co-ownership? Joint Tenancy and Tenancy-In-Common

Husband a wife both own a HDB flat. If the husband dies, the property will go to
his children whom he willed to. What kind of tenancy is that? Tenancy In
Common.

Tenancy in common words of severance (meaning all shares are distinct and
separate)
Husband a wife both own a HDB flat. If the husband dies, the property will
automatically go to his wife. What kind of tenancy is that? Joint Tenancy, right of
survivorship

Husband and wife both own an equal share of the flat. Husband cannot sell off
the flat without consulting the wife. The title is the same (note same title). What
kind of tenancy is this? JT. The unities related to this are: Unity of interest (equal
share), Unity of title (same title), Unity of time (same time)

John and James own the same plot of land. They can use the entire property
(including the house on the land, the gardens and trees etc). Which tenancy is
that? Hard to tell. Both JT and TIC have Unity of Possession.

How is Joint Tenancy terminated (think the 4 unities): Alienation (Husband sells it
to his wife his share), Partitioning (both parties agree to convert Joint Tenancy to
Tenancy in Common), Court Partitioning (convert JT to TIC except that it is by the
court order)

What are the two kinds of mortgages? Legal Mortgage and Equitable Mortgage.

What is the difference between Legal Mortgage and Equitable Mortgage? Legal
mortgage have a written agreement. Written agreement is stamped.
Equitable Mortgage done verbally. However, a mortgage is created as the
mortgagor (borrower) passes the CT (certificate of title) to the mortgagee

Legal Mortgage is secured while Equitable Mortgage is unsecured

What are the Rights of a Mortgagor (Borrower)? Equity of Redemption

reversionary interest after mortgage is paid can ask Mortgagee to re-transfer
ownership now that title is still with Mortgagee

Right to Rent property borrower can rent property for up to 3 years even
though property is mortgaged

What are the rights of a Mortgagee (lender)? Right of foreclosure can possess
the property; Right to sell provided notice given and mortgagor fails to pay up
within 3 months of notice. Note that property is still under Mortgagors name.
Right to appoint receiver; Right to grant lease

Memorandum of charges: Legal mortgage has priority over equitable mortgage.

Among legal mortgage, who registers first has priority over subsequent
mortgages.

What are the features of a mortgage? Binds to 3 rd party, irrevocable, assignable

Caution in a title. How does it arise? When convert from common law deed
system to Torrens system. Because of common law deed system, need to trace
to title for past 15 years. In converting to CT, buyer risk getting defeasible title
(because hard to trace). When does the caution expire? 10 years after converting
to Torrens system (CT, SSCT). What happens when caution expires? Title
becomes indefeasible automatically.
Which law is caveat under? Land Titles Act. When can a buyer lodge a caveat?
Usually after stamp duty is paid (ie, option is exercised and agreement signed).
Buyer need not pay the entire amount of the property to lodge caveat!

Say a licensed moneylender like GE money lends money to Mr Singh. Mr Singh

stays in a HDB (note HDB). Can GE money lodge a caveat on his property? Yes.

But if Mr Singh lives in Tropical Spring (note private property)? Can GE Money
(licensed moneylender) lodge caveat? No.

Mr Singh also owns Eurokar money and Mr Seng money to buy a car. Can they
lodge a caveat? No. Unless through court order. Note unless they are financial
institutions or buyers, cannot lodge caveat!

Contractor takes a TOL to occupy the land for construction works. Can he lodge
caveat? No

How often must parties renew the caveat? 5 years. Therefore caveats lapse after
5 years.

Caution lapse after 10 year

Restrictive covenant last 20 years

What does caveats protect? 1) Lien 2) Beneficiary interests. Say buyer has
exercised the option to purchase (deal is before completion). Now have
beneficiary interest. So lodge caveat in case owner enter into agreement with
another buyer. 3) Agreement of charges

If owner want to sell property, must ask caveators to remove caveats cos
caveats are encumbrances

When owner pay back the loan, caveat will be removed.

Where does the Stakeholder Clause appear? In an option to purchase contract.

Why do people put the stakeholders clause in? When there is stakeholder clause
benefits buyer. Money goes to the sellers conveyancing account (CVY) or
Singapore Academy of Law (SAL). If no such clause, money goes directly to
seller. When is the clause specified? At exercise

And/or nominee clause

Elements of a contract?

Intention to create legal relations

If it is a business agreement, court will presume that there is an intention

A man and his wife enters into an agreement, upon marriage, to divorce later.
Thus there is no such intention.
Offer

A offers to sell his bungalow. He communicates the offer to his salesperson. His
salesperson did not communicate it to the buyer. Is there an offer? No. because
for offer to be valid, it has to be communicated.

In tenders/auctions Think of invitation to treat. the bidder is the offeror. It is

usually the bidder that offers to buy at a certain price.

Advertisement Think of invitation to treat.

In the case of invitation to treat, the buyer is usually the offeror. So must
determine first whether it is invitation to treat or offer.

In selling his property, seller quotes a price. The buyer will pay the option fee
first (NOT exercise fee!) and the seller agrees not to sell the property to anyone
within the exercise period except the buyer. unilateral offer only offer to one
person at any time

The OTP is an irrevocable offer. By who? By seller who puts his property for sale.
Why? When the other party accepts must fulfil prevents seller from
approaching anyone during exercise period to buy property.

How is an offer terminated? When it is revoked. Not possible for OTP cos its an
irrevocable offer. Must wait for offer to expire. Lapse of time. Eg, OTP expires.
Condition for offer not satisfied. To accept the offer, buyer must deposit money
into sellers account. If never deposit, then there is no offer. Death of either party
(common termination is always death duh). Rejection. Eg, Seller offers price of
$5 million for property. Buyer counteroffers $4.5 million. The counteroffer
terminates the original offer. Or eg, buyer rejects sellers offer price of $5 million.
Thus offer is terminated.

Acceptance

If Harry Chua wants to sell his factory. However, he specifies a condition that
whoever buys the factory will have to retain workers. Oh Koon Sun wants to buy
property and he agrees to keep the workers. However he will want the shed on
the property to be removed. Is there acceptance? No, acceptance must be
unqualified. By adding an additional condition for the shed to be removed, it is
tantamount to a counter offer.

Harry appoints GPS as an agent to market his factory. He tells the agent the
condition is that you must retain the workers. His agent tells the buyers agent
Harry is willing to sell the property with no strings attached. The buyer accepts
the offer. Is there acceptance? No, because the terms of the offer was not
conveyed. Since there is no offer, there cannot be acceptance.

Supposed Harry and the buyer manages to reach a deal. Harry emails the sale
agreement to the buyer. The buyer then signs the sale agreement and delivers it
to Harry by post. Harry did not receive the agreement and strikes a deal with
another buyer. Must Harry honour the initial agreement? Yes, acceptance is
deemed complete once the person has posted it out.

Supposed the agreement was delivered by hand to Harry when the agreement
stated (weirdly) that the document is to be put in Harrys mailbox. Harry
acknowledges it. Is there acceptance? Yes.

Consideration

Piano example. Piano is bundled together with real estate. past consideration
is not counted!. Consideration must happen in future, after the offer has been
made and accepted.

Kim Seng Transports sells its factory to Amtel Exports. Amtel Exports gives
consideration in the form of a cheque. The cheque bounched. Is there a contract?
No. bounced cheque is not a consideration.

Consideration must be delivered. As long as consideration not delivered (ie,

bounced cheque), there is no contract.

Limpeh wants to transfer his property to his gf Ah Lian. Being a generous

boyfriend, Limpeh doesnt want Ah Lian to pay for the property. How can Limpeh
create a valid contract? By getting Ah Lian to pay a nominal consideration, like
$1. Principle: Consideration need not be adequate, but it cannot be $0.

If Limpeh wants to give the property to Ah Lian as a gift, what must he do? Get
the document signed sealed and delivered. But there are implications, like the
gift is void if Limpeh becomes bankrupt 1 year later.

Lim Leong offers to sell his condo to San Liang for $1 million. San Liang replies
via email saying he accepts (acceptance). San Liang pays deposit (deposit is
consideration). Lim Leong emails him the sales agreement. But San Liang didnt
sign it. San Liang now wants his deposit back as he saw another condo he likes.
Is he entitled to do so? No. because a contract has been created. There is offer,
acceptance, consideration and intention.

If Lim Leong does not want email correspondences to amount to a binding

contract, he should have put subject to contract. Eg, Letter of Offer subject to
signing of OTP.

Conclusion: Signing is just a formality. It does not constitute a contract.

Lim Leong wants to rent his condo to San Liang for $5,000 per month. He
conveys this to San Liang verbally with his agent as a witness. San Liang agrees
verbally too. Is there a contract? No, because contracts in real estate must be in
writing. All about black and white.

Privity of contract only parties to the contract can sue

Privity of estate buyer buys commercial office block with tenants. Tenant use
the premise to operate as a gambling den (violated his covenant). Buyer can sue
tenant under privity of estate since privity of estate binds new landlord and
tenant (although landlord is not a party to the contract)

Difference between condition and warranty? Condition is more serious. It goes

to the root of the contract. If one condition is broken, the entire contract could
be ended (rescinded, rescission). Warranty will not affect contract. Example of
condition, rental. Example of warranty, air con servicing clause.

Unsatisfactory replies

After exercise OTP and paying stamp duty, buyers lawyer lodges caveat and
writes to agencies to obtain replies on legal requisitions. What happens if buyers
lawyer receives unsatisfactory replies? Can annul OTP. Seller will refund to the
buyer all the option monies.

What are the agencies involved in the requisitions? NEA, LTA, IRAS, BCA, URA

What happens if government acquires the land to expand the road line? The
contract becomes void under frustration.

The Law Society of Singapores Conditions of Sale 2012

OTP makes reference to the Law Society of Singapores Conditions of Sale.

What are some of the conditions of the Law Society? Sale with vacant possession
(movable property to be removed from property by seller before completion),
Seller shall not be responsible for fair wear and tear before completion,
Completion is delayed party that delays has to pay 8% pa* interest, if either
party cannot complete transaction after 21 days, aggrieved party may rescind
agreement and sue for damages, Seller to bear all the risks and expenses (ie
property tax, utilities etc) up to completion date

*8% pa = 8%*(purchase price deposit)

Vitiating factors

What factors can cause the contract to become null and void? 2 Is + M
incapacity, illegality, mistake

Incapacity minor (below 21 for S&P, below 18 for TA), mentally ill, ultra vires

Illegality eg, HDB OTP exercised by foreigners or 2 SPRs, landed property OTP
signed by foreigners without govt approval

Mistake to succeed, signer must not commit mistake intentionally (negligent)

and document must be significantly different from what was signed. Ie chwee kin
keong vs digitaland mall

What factors can cause the contract to become voidable? Misrepresentation,

duress, undue influence
Misrep What are the 3 types of misrep? 1st level (least serious) innocent
committed out of ignore; in this case, remedy is rescission. 2 nd level negligent
careless!; 3rd level fraudulent intentionally cheat. Only the third level is
intentional, the rest are not. For negligent and fraudulent, can sue for both
damages + rescission.

Out of all the misreps, only innocent cannot sue for damages. Can only sue for
rescission.

Eg of innocent misrep seller lies to agent. Agent went to tell buyer. In this case,
buyer can rescind contract and sue agent for damages in lieu of rescission.

Duress what are the 2 types of duress? Physical and economic. Duress means
you enter contract under threat (eg, threat to your life, threaten to make you
bankrupt)

Undue influence means put unfair pressure on the party to enter contract. Eg,
sign under alcohol, timeshare way of marketing. Cannot leave until you buy.

Duress vs undue influence: duress is the use of threat (more serious). Undue
influence is put excessive pressure

Discharge of contract

When will a contract become discharged? Performance, Agreement, Frustration,

Breach, Bankruptcy, Impossibility of performance, Act of God

Performance everyone does their part and the contract is completed. The ideal
outcome.

Agreement all parties agree to discharge, novate, or assign the contract

Frustration eg, compulsory acquisition by government

Breach/ Forfeiture non performance

Bankruptcy refers to the seller who went bankrupt, not the buyer. For example,
if seller becomes bankrupt, his property is confiscated. The option monies are
then returned to the buyer. Thats why buyer like to have stakeholder clause
(allows $ to be placed with the lawyers so that it can be returned immediately). If
buyer goes bankrupt and buys property, the contract is still not discharged.

Impossibility of performance eg, death of buyer. What happens if seller dies? It

is not impossible to complete the contract, so contract will not be discharged.
Buyer has two options: One, can proceed with the purchase after waiting for the
court to issue the documentation (recall: grant of probate if there is a will/ letters
of administration if there is no will). Two, rescind the contract.

Act of God eg, earthquakes, floods

Remedies for breach

What are the remedies for a breach? Damages, specific performance and
injunction

What are the two types of damages? Liquidated and unliquidated. Liquidated
amount is pre-agreed in the contract. Unliquidated not pre-agreed in contract
and therefore determined by the court. Court will decide an amount that will put
the injured party back into the same position as if the breach had not occurred
(restitution)

Specific Performance? Court orders party in breach to perform contractual

obligations. When is it not likely to be granted? When damages are adequate or
for contracts of personal service (ie, salesperson contracts)

Injunction. Restrain the party from breaching the contract. Injunction and specific
performance is opposite of each other. Eg of injunction, caveat as it prevents
seller from selling property to more than one person at the same time.

What are these clauses?

Limitation clause: limits damages option money is forfeited if not exercise.

Limits sellers damages.

Disclaimer clause: eg, those you see in advertisement. we dont guarantee the
accuracy of the advertisement, everything is purely coincidental and
mediacorp not liable for any loss, damages etc

Indemnity clause: eg. Tenant to indemnify landlord arising from any negligent act
or omission by tenant

Exclusion clause: if this clause is put, party will not be responsible for any
potential breach that is being identified in this clause. Ie, laundry is not
responsible for any damages to the clothes

What is an open or closed contract? Open contract terms can be modified

without mutual consent. Closed contract to modify terms, must seek mutual
consent of all parties. Eg, real estate contract is closed contract.