8.8.9 First, if the breach of contract by one party (the “Party in breach of contract”) causes harm to the other (the “Injured Party”), the party in breach of the contract may be ordered by the courts to compensate the injured party for pecuniary damages for those losses, instead of the principal obligations not performed under the Contract. However, contractual damages (which are compensatory in nature and not punitive) are not the only legal remedy available. Other types of remedies may be available in place of or sometimes in addition to damages, depending on the type of obligation that has been breached. [See section 13 below]. 8.3.3 Whether the consideration is sufficient is a question of law and the court generally does not consider whether the value of the consideration is proportional to the value of the consideration. The fulfillment or promise to fulfil an existing public obligation imposed on the promisor does not automatically constitute sufficient legal consideration to support the promisor`s promisor. The performance of an existing contractual obligation owed to the beneficiary may be sufficiently taken into account if that service provides a real and practical advantage to the beneficiary. If the promisor fulfills or promises to fulfill an existing contractual obligation owed to a third party, the promisor has provided sufficient consideration to support a given commitment in return. 8.13.13 First, intangible losses (i.e. for hurt feelings, disappointment, psychological stress, etc.) that are generally compensable, except in certain limited circumstances – for example, where the contractual obligation itself related to intangible matters, as in the case of a package holiday contract.
8.5.1 The rights and obligations of the contracting parties are determined by the interpretation of the terms of the contract on the one hand and the terms of those terms on the other. When determining the terms of the contract, it is sometimes necessary, especially if the contract has not been reduced to the written form, to decide whether a particular statement is a contractual clause or a mere representation. Whether or not a statement is contractual depends on the objectively established intent of the parties and is a question of fact. In determining the intention of the parties, the courts take into account a number of factors, including the stage of the transaction at which the declaration was made, the importance that the representative attaches to the declaration and the parties` relative knowledge or skills with regard to the subject matter of the declaration. 8.10.10 False statements are generally pre-contractual statements made to induce a person to enter into a contract with the agent. A pre-contractual statement that led to a contract may also have been included as a contractual clause. If this is the case, the person who made the statement would also be violating the contract if the statement turned out to be false. In such a case, damages may be claimed for breach of contract, and § 1 of the False Declarations Act specifies that the representative may always terminate the contract due to a false declaration. For the criterion for distinguishing between terms and representations, see section 8.5.1. 8.8.16 A breach of contract may also occur in advance (before the effective date of performance). If this breach is also denied (if the evidence shows that a party does not intend to be bound by the terms of the contract or to fulfil its contractual obligations at maturity), the injured party has the right to choose to perform or confirm the contract. “Rejection” intentions are more easily proven if there are clear and explicit opinions from the alleged party who violates this way.
However, they may also be derived from actions or actions taken by the alleged party that has committed a breach that make it impossible to meet its obligations at maturity. 8.8.5 Secondly, the unfulfilled obligation may depend on the prior occurrence of certain specified events: these may be external events or a consideration contractually agreed by the other contracting party. 8.7.2 A third party who is not aware of a contract does not in principle have the right to act on his own behalf for breach of contract against a contractual partner who does not comply with his contractual obligations, even if the third party has suffered damage as a result. 8.8.2 In the event that a contractual obligation is not fulfilled or is improperly fulfilled in a non-trivial manner, singapore law provides for a variety of legal responses and remedies, depending on the nature of the loss of performance. 8.12.13 The severability clause may also take effect in a more limited form within the limits of a particular agreement or duration. This more limited form of separation is comparable to a “blue pencil” to remove words that would make the alliance “unreasonable.” However, the court will not go so far as to rewrite the contractual agreement concluded by the contracting parties. 8.13.16 Damages, whether liquidated or not, are not the only common law remedy. If the breach of contract relates exclusively to an obligation to pay a fixed sum of money, damages are generally not available as a remedy. Instead of damages, the court orders that the fixed amount due and due be paid.
8.8.4 First, as they may agree to bind themselves to a contract, the parties are free to negotiate with each other in order to release themselves from the obligations arising from that contract. Such an agreement may very well have been incorporated into the original contract, for example, if the parties agree that their original agreement may be terminated by termination or after a certain period of time. Alternatively, the contracting parties may release themselves from the obligations arising from the original contract by concluding a subsequent release agreement. If each party is still subject to contractual obligations that have not yet been fulfilled, the mutual exemption from its outstanding obligations under Singapore law is generally effective without the need for further formalities or considerations. However, if the party to whom the obligation in question is owed has no outstanding obligations under the original contract, the party wishing to be released from that obligation must provide valuable consideration in exchange for release. Alternatively, the release must be under seal to be effective. 8.8.14 If the injured party has the right to perform the contract and decides to do so, the contract will be terminated prospectively. This means that the contract is no longer binding on the contracting parties to the contract as soon as the choice is actually communicated to the other contracting parties. Such communication may take the form of words, actions or even (in exceptional cases) silence. Before that date, such an election may be withdrawn. After effective performance, the parties are released from all outstanding contractual obligations.
8.8.6 Thirdly, the parties may contractually provide that non-performance resulting from certain events will be excused in order to avoid a breach, for example in the form of a force majeure clause. At the very least, such a clause will hold all parties liable for non-performance as a result of the declared force majeure event. More detailed clauses on force majeure may also provide for issues such as the return and refund of instalments, reimbursement of costs incurred in preparing the performance of the contract, etc. These provisions are generally enforced by Singaporean law. 8.13.18 Sometimes damages are not an appropriate means of breach of contract. This may be the case if the infringement involves the delivery of a single good (e.g. land). In such cases, the aggrieved party may ask the court to issue an order on a particular performance, i.e.
an order for the party who violates (or threatens to violate) the party to act in accordance with the terms of its contractual commitment. 8.4.1 In the absence of a contractual intent, an agreement, even if supported by consideration, cannot be executed. Whether the parties to an agreement should establish legally binding relations between them is a question determined by an objective assessment of the relevant facts. 8.10.5 Once it is established that a contract was caused by a misrepresentation (whether innocent, negligent or fraudulent), the induced party may choose to cancel (i.e. cancel) or confirm it. The consequence of withdrawal is that the parties are released from their contractual obligations and that the parties are brought back to their respective positions before the conclusion of the contract. However, the right of withdrawal expires if: (a) the party has confirmed the contract; (b) innocent third parties have acquired (valuable) rights in the subject matter of the contract; (c) it is no longer possible for the parties to return to their respective previous positions; and (d) (except in cases of fraud) excessive delay has elapsed.