Unfair Contract Terms Act (UCTA): Key legislation that regulates exclusion clauses and limitations of liability. Prohibits exclusion of liability for death or personal injury caused by negligence. Requires reasonableness test for liability exclusions.
Civil Law Act: Primary legislation governing contract formation and enforcement in Singapore, including provisions on capacity to contract and specific rules regarding minors and contracts.
Consumer Protection (Fair Trading) Act: Protects consumers against unfair practices, affects enforceability of waivers in consumer contexts, and requires clear and unambiguous language in contracts.
Common Law Principles: Includes doctrine of unconscionability, rules regarding consideration, and principles of contract interpretation that must be considered in waiver drafting.
Industry-Specific Regulations: Depending on context, may include sports safety, tourism regulations, healthcare services, and educational institution guidelines that affect waiver requirements.
Clear and Unambiguous Language Requirement: Legal requirement that the waiver must be written in clear, understandable language that explicitly states what rights are being waived.
Capacity to Contract: Legal requirement that all parties must have legal capacity to enter into the contract, including age and mental capacity considerations.
Non-Excludable Liabilities: Certain liabilities cannot be excluded by law, such as fraud, misrepresentation, or death/personal injury caused by negligence.
Public Policy Considerations: The waiver must be reasonable and not contrary to public policy under Singapore law.
Informed Consent Requirement: The waiver must be signed voluntarily with full understanding of the risks and rights being waived.
