Unfair Contract Terms Act (UCTA): Primary legislation regulating exclusion and limitation of liability clauses in contracts. Critical for determining which types of liability cannot be excluded, particularly regarding death or personal injury caused by negligence.
Civil Law Act: Framework legislation governing general contract law principles in Singapore, essential for determining the basic validity of contractual terms.
Contracts (Rights of Third Parties) Act: Legislation governing how contractual rights can be extended to third parties who are not direct parties to the contract.
Misrepresentation Act: Legislation concerning proper disclosure and prevention of misleading statements in contracts, relevant for ensuring transparency in waiver terms.
Reasonableness Test: Common law principle requiring that liability exclusion clauses must be reasonable to be enforceable.
Doctrine of Unconscionability: Legal principle protecting against unfair advantage-taking and ensuring the fairness of contractual terms.
Contra Proferentem Rule: Legal principle stating that ambiguous contractual terms should be interpreted against the interests of the party who drafted them.
Valid Consent Requirements: Legal principles governing what constitutes valid consent, including clear understanding and voluntary agreement to terms.
Capacity to Contract: Legal requirements regarding who can enter into binding contracts, including age and mental capacity considerations.
Clear Language Requirement: Legal requirement that waiver terms must be clearly and unambiguously expressed to be enforceable.
Conspicuous Presentation: Requirement that important waiver terms must be prominently displayed and not hidden in fine print.
Severability Principle: Legal principle allowing the rest of the contract to remain valid even if certain provisions are found to be unenforceable.
