Unfair Contract Terms Act (UCTA): Primary legislation governing limitation of liability clauses in Singapore. Controls reasonableness of contract terms and prohibits certain types of liability exclusions, especially for death or personal injury.
Contracts Act of Singapore: Fundamental legislation governing contract formation, consideration, and contractual capacity. Essential for ensuring the waiver meets basic requirements of a valid contract under Singapore law.
Misrepresentation Act: Governs false statements and representations in contracts, including limitations on excluding liability for misrepresentation. Critical for drafting disclosure and representation clauses in the waiver.
Consumer Protection (Fair Trading) Act: Protects consumer rights and regulates unfair practices in consumer transactions. Sets limitations on the extent to which consumer rights can be waived.
Banking Act and Financial Advisers Act: Regulatory framework for financial institutions and services, including mandatory disclosures and specific requirements for financial liability waivers.
Personal Data Protection Act (PDPA): Governs the collection, use, and disclosure of personal data. Relevant if the waiver involves handling of personal information, including consent requirements.
Common Law Principles: Uncodified legal principles including doctrine of unconscionability, public policy considerations, and principles of good faith that affect the enforceability of waivers.
