LAW & BUSINESSWorkshop on Fintech Law & Regulation: Banking, Securities, Tax, International Trade & Investments by Associate Professor Elizabeth Ng Siew-Kuan

Design Innovation Law Reform by Associate Professor Elizabeth Ng Siew-Kuan Comparative Corporate Governance in Asia and the United States by Associate Professor Umakanth Varottil The Scheme of Arrangement as a Debt Restructuring Tool by Associate Professor Wee Meng Seng EU-Asia Corporate Governance Dialogue by Associate Professor Lan Luh Luh

Infrastructure-Based Rather Than Incentive-Oriented Financial Regulation by Associate Professor Lan Luh Luh

Equity, Trusts and Commerce by Professor James Penner Framing Intellectual Property in the 21st Century: Integrating Incentives, Trade, Development, Culture, and Human Rights by Associate Professor Elizabeth Ng Siew-Kuan Legal Restrictions on Labour Mobility and the Development of R&D Clusters by Sampsa Samila Independent Directors in Asia Conference by Associate Professor Dan Puchniak

EW Barker Centre for Law & Business

Tel: (65) 6516 3102Fax: (65) 6779 0979Email: ewbclb@nus.edu.sgWebsite: law.nus.edu.sg/ewbclb

Faculty of Law

National University of SingaporeEu Tong Sen Building 469G Bukit Timah Road Singapore 259776Tel: (65) 6516 1305Fax: (65) 6779 0979Website: law.nus.edu.sg

Representative Research Projects

ChairmanProfessorTAN Cheng Han, SC

MemberProfessorMichael BRIDGE

MemberProfessorCHANG Sea-Jin

MemberAssociate ProfessorLAN Luh Luh

MemberAssociate ProfessorBurton ONG Director (Competition Law)

Deputy ChairwomanAssociate ProfessorElizabeth NG Siew-Kuan Director (Intellectual Property)

MemberAssociate ProfessorStephen PHUA Director (Tax)

MemberProfessorIvan PNG

MemberAssociate ProfessorWEE Meng SengDirector (Corporate Law)

Mr Lionel YEE Woon Chin, SCSolicitor-GeneralAttorney-General’s ChambersChairperson

Ms NG Ee KiaSenior Director(Policy & Markets)Competition Commission of Singapore

Mr Daren TANGChief Executive OfficerIntellectual Property Office of Singapore

Mr TAN Tee Jim, SCSenior PartnerLee & Lee

Mr TAM Chee ChongDeputy Managing PartnerDeloitte & Touche LLP

Ms THIAN Yee SzeDirector-GeneralMinistry of Law

Management Board Advisory Panel

The CISG as a Model for Harmonisation, Convergence and Law Reform by Associate Professor Gary Bell Workshop on Corporate Governance of State-owned Enterprises in Singapore and China by Associate Professor Wang Jiangyu Comparative Dimensions of Limitations & Expectations in Copyright Law by Professor Ng-Loy Wee Loon ASEAN Intellectual Property Interoperability by Associate Professor Elizabeth Ng Siew-Kuan

The Regionalisation of Competition Law & Policy: Implications for the ASEAN Economic Community by Associate Professor Burton Ong

Comparative Takeover Regulation: International and Asian Perspectives by Associate Professor Umakanth Varottil The Performance Interest in the Contract Laws of Asia by Professor Mindy Chen-Wishart & Associate Professor Burton Ong The UNCITRAL Model Law on International Commercial Arbitration in Asia by Associate Professor Gary Bell Do Not Call Registry: Evaluation by Professor Ivan Png Competition Law & Cartels: An Asian Perspective by Associate Professor Burton Ong Shareholder Power Conference by Associate Professor Dan Puchniak

The Commercial Appropriation of Fame: A Cultural Analysis of the Right of Publicity and Passing Off by David Tan (Cambridge University Press)

The Law of Trusts (10th edition) by James Penner (Oxford University Press)

Equity, Trusts & Commerce edited by Paul S Davies and James Penner (Bloomsbury)

Contract Law (5th edition) by Mindy Chen-Wishart (Oxford University Press)

Cartels in Asia: Law & Practice edited by Thomas Cheng, Sandra Marco Colino and Burton Ong (Wolters Kluwer)

Personal Property Law (4th edition) by Michael Bridge (Oxford University Press)

Law of Partnerships in Singapore Including LLP and LP by Yeo Hwee Ying (LexisNexis)

Benjamin’s Sale of Goods edited by Michael Bridge (Sweet & Maxwell)

Higher Education Institutions in the EU: Between Competition and Public Service by Andrea Gideon (Springer)

Intellectual Property Rights and Competition in Standard Setting by Valerio Torti (Routledge)

Studies in the Contract Laws of Asia: Remedies for Breach of Contract edited by Mindy Chen-Wishart, Alexander Loke and Burton Ong (Oxford University Press)

Law of Intellectual Property of Singapore (2nd edition) by Ng-Loy Wee Loon (Sweet & Maxwell)

Selected Publications by Academic Fellows

The Centre has hosted Visiting Researchers from:

9 780198 757221

ISBN 978-0-19-875722-1

1

STUDIES IN THE CONTRACT LAWS OF ASIA A SERIES OF SIX BOOKS

Studies in the Contract Laws of Asia provides an authoritative and current introduction to the contract laws of major Asian jurisdictions, and includes a full bibliography of literature in the English Language. The series will identify and discuss the current controversies and debates amongst the stakeholders of the subject jurisdictions, the likely direction of travel on these issues, as well as the values and policies which shape the development of the law in these areas. Furthermore, it will examine how European-sourced laws have acquired unique characteristics in the transplanted jurisdictions, and compare these with the emerging shape of European contract law and other international instruments.

Each volume in the series will offer an insider’s perspective into specific areas of contract law: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy. It will explore how these diverse jurisdictions address common problems encountered in contractual disputes, and will offer a comparative assessment, horizontally as between the Asian jurisdictions, and vertically with source jurisdictions and international codes.

 2

Remedies for Breach of Contract

STUDIES IN THE CONTRACT LAWS OF ASIA

Edited by Mindy Chen-Wishart, Alexander Loke, and Burton Ong

2

Remedies for Breach of Contract

ALSO PUBLISHED BY OXFORD UNIVERSITY PRESS

Contract LawMindy Chen-Wishart

Contract GovernanceDimensions in Law and Interdisciplinary ResearchStefan Grundmann, Florian Möslein, and Karl Riesenhuber

Japanese LawHiroshi Oda

Constitutional Dialogue in Common Law AsiaPo Jen Yap

Comparative Constitutionalism in South AsiaSunil Khilnani, Vikram Raghavan, and Arun K. Thiruvengadam

Philosophical Foundations of Contract LawGregory Klass, George Letsas, and Prince Saprai

Seduction by Contract LawLaw, Economics, and Psychology in Consumer MarketsOren Bar-Gill

Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where until now, limited critical commentaries have been available in the English language. In this new six part series of essays from leading scholars and commentators, each volume will offer an insider’s perspective into specific areas of contract law, including: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy, and will explore how these diverse jurisdictions address common problems encountered in contractual disputes. Concluding each volume will be a closing discussion of the convergences and divergences throughout the jurisdictions, and comparisons with European jurisdictions.

Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations, the methods of enforcing the parties’ agreed remedies for breach, and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters or one combined chapter; the first will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview.

Mindy Chen-Wishart is a Professor of the Law of Contract and Associate Dean of Graduates at the University of Oxford; she also holds a fractional professorship at the National University of Singapore

Alexander Loke is Professor at the School of Law, City University of Hong Kong, and Adjunct Research Professor at the Centre for Banking & Finance Law, National University of Singapore.

Burton Ong is an Associate Professor at the Faculty of Law of the National University of Singapore (NUS).

Chen-Wishart, Loke, and Ong

Jacket image: © Shutterstock.com

TITLES IN THIS SERIES

Volume I: Remedies for Breach of Contract Volume II: Formation of Contract and Third Party BeneficiariesVolume III: Contents of Contract and Unfair TermsVolume IV: Invalidity of ContractVolume V: Ending and Changing ContractsVolume VI: Public Policy and Illegality

Chen-Wishart_hb_Proof.indd 1 05/01/2016 14:14

EW Barker Centre for Law & Business (EWBCLB)

• Business Organisations: Company Law (including corporate governance and corporate insolvency), Partnership, and other organisational vehicles

• Competition Law and Policy, and Mergers and Acquisitions

• Intellectual Property and Information Technology Law and Policy

• International Business, and International Commercial Litigation

• Taxation: Legal, Regulatory, and Accounting Aspects

Areas of Focus“The Centre is recognised as one of the leading commercial law Centres in the world. Our work is both interdisciplinary and comparative so as to provide thought leadership.” – Professor Tan Cheng Han, Chairman, EW Barker Centre for Law & Business

The EW Barker Centre for Law & Business seeks to enhance and promote research and educational opportunities for faculty, students, legal practitioners and business executives who share a common interest in the fi elds of Law, Business and Economics. These opportunities will be encouraged through the Centre’s work and sponsorship of seminars, conferences and other research endeavours.

• Australian National University

• Brigham Young University

• Dickson Poon School of Law

• Doshisha University

• Durham University

• Free University of Bozen-Bolzano

• Hitotsubashi University

• Hongik University

• King’s College London

• Max-Planck-Institute

• McGill University

• Monash University

• Osgoode Hall Law School

• Pembroke College

• School of Law, Sciences Po

• Seoul National University

• Shanghai Jiao Tong University

• Ted Rogers School of Management, Ryerson University

• The Chinese University of Hong Kong

• The University of Auckland

• The University of Hong Kong

• UCD Sutherland School of Law

• UCLA Law School and the UCLA International Institute

• Universiti Sains Islam Malaysia

• University College London

• University of Adelaide

• University of Amsterdam

• University of Cambridge

• University of Leeds

• University of Melbourne

• University of Oxford

• University of Tokyo

• University of Victoria

• University of Western Australia

• Vanderbilt University Law School

• Victoria University of Wellington

• Vienna University of Economics and Business