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31 August 2023

The “Prevention Principle” and the Implied Duty to Co-operate in Singapore: Ng Koon Yee Mickey v Mah Sau Cheong [2022] 2 SLR 1296 [Case Note]

Tan Kah Wai

Published on e-First 31 August 2023

Abstract:
“No person should be permitted to take advantage of his own wrong.” This is a legal maxim that traverses a wide variety of legal contexts, including the law of contract in Singapore. In particular, this maxim informs the basis for the common law’s development of rules such as the “prevention principle” and the implied duty to co operate in Singapore. In this case note, the author analyses the Appellate Division of the High Court’s decision in Ng Koon Yee Mickey v Mah Sau Cheong [2022] 2 SLR 1296, which raises some pertinent questions on the scope and application of the “prevention principle”, and the standard for implying terms in law in Singapore.