Revisiting "Subject to Contract" Clauses

14 Sep 2011

This case update revisits “Subject to Contract” Clauses” in Norwest Holdings Pte Ltd (in liquidation) v Newport Mining Ltd and another appeal [2011] SGCA 42

The Singapore Court of Appeal has held that, where the phrase “subject to contract” appears in communications between the parties, whether or not there is a binding and enforceable contract between the parties would depend on an objective assessment of all the circumstances in a particular case, and not merely the inclusion of the stock phrase “subject to contract".

However, there must be strong and exceptional circumstances to override the plain meaning of a “subject to contract” provision.

To read the update, please click here.