Michael Philip Furmston

FROM CONTRACT TO UMBRELLA AGREEMENT

It is now widely accepted that English contract law does not deal equally well across the whole range of agreements that are made. The model which fits best to English contract law is one in which the parties move immediately from no contract to completed contract. There is great difficulty with situations where the parties spend a long time in an area where there are obligations and understandings but not yet a fully completed contract. This article considers an important development that attempts to deal with this difficulty. That is the increasing use by contracting parties of what may be called umbrella agreements.

For a Few Dollars More – Corruption in Singapore

Singapore criminal law, which is vigorously enforced, takes a wide view of corruption. Bargains procured by corruption are also invalid and in general not enforceable by either by the bribe giver or the bribe receiver. In many cases agents will be involved. Here key concepts are the ostensible authority of the agent and the fiduciary nature of the agent’s relationship. In the case of cross border transactions there is a Conflicts problem as to which law governs. Where Singapore law is the proper law agreements for corruption overseas are clearly void.