Prejudice

ABSTRACT

Matters discussed during the ‘prejudice’ cannot be brought by conflicting parties in court as evidence in later days. Therefore the conflicting parties can speak out everything during the period without any fears of facing prosecution in the courts. Without Prejudice may be applied to the circumstance whereby you carry out a business and accept part of the payment by attaching a letter communicating the same. “Without Prejudice save as to costs “through special provisions allows the courts to decide which party to compensate after the judgment.

‘Without prejudice’ is often used when conflicting parties try to settle their differences without involving the courts. When negotiations for a settlement among the conflicting parties are on, they often use the ‘without prejudice’ term in reference. However, matters discussed during the ‘Prejudice ‘cannot be brought by conflicting parties in court as evidence later. Therefore the conflicting parties can speak out everything during the period without any fears of facing prosecution in the courts. Without Prejudice may be applied to the circumstance whereby you carry out a business and accept part of the payment by attaching a letter communicating the same. When one of the parties rejects the offer, the matter always takes the court way. Per the transaction example, the other party cannot communicate through the letter to accept the half amount. Without Prejudice is always applicable to both contractual parties either orally or written .otherwise, the contractual parties should clearly show when they need to apply it in their conflicts. The communications should be referred to as open communications in courts.[1].

Without Prejudice can be used properly by ensuring it is well written on any form of a letter on top or even stated before the begging of any kind of oral communication. The term only applies to in settlement of genuine negotiations. Without Prejudice cannot be applied in general commerce negotiations. However, it may apply in other circumstances even if not indicated or written in the letter or indicated at the beginning of a conversation. The court looks at the circumstances under which the Without Prejudice arrived. For instance, the courts determine whether the parties intend to resolve their differences through a mutual settlement. The protection granted applies to all correspondences that fail to indicate their intention at the begging.

On the other hand, “without prejudice save as to costs” has the extension of basics seen in the “without prejudice “rule. However, the difference comes when the issues are solved in courts as communications are looked into to decide costs. The communication becomes a matter of interest until the matter has been fully settled by the judges or individually. The conflicting parties are given a platform to negotiate freely, considering that their talks will be used in court to their disadvantage. “Without Prejudice save as to costs “through special provisions allows the courts to decide which party to be compensated after the judgment. The courts look at the overall conduct of the parties involved in determining the award. The courts also examine to what extent the conflicting parties have been throughout the case to decide whether they could avoid the costs. All the conflicting parties are encouraged to behave mannerly during the case hearings to avoid penalties related to “without prejudice save as to cost .”Nevertheless, the parties are free to speak without fear in agreement negotiations.

 “Subject to contract, “on the other hand, prevents the negotiating or contractual parties from having agreements up to when it is written in a valid contract form. The term is majorly used when doing transactions in the properties industry. The transacting parties are liable if they want to withdraw from the transaction. Protection may play an important role in allowing negotiations to maintain flexibility. However, the decisions made about the term “subject to contract “may not be as effective as they rely solely on the signing of the contract by the contractual parties. Otherwise, they are not easily enforced by law. The “Subject to contract” may also apply when negotiating a settlement in litigation. It makes agreements and negotiations unpredictable until when the signing of the contract is done.

Singapore international arbitration court (SIAC)is a process aiming at combining two dispute resolution methods.AMA goes through three stages .initiation of arbitration proceedings is one of the stages it undergoes, just as the abbreviation name suggests. After forming the arbitral tribunal SIAC at this point, refers for mediation at SIMC. However, the mediation process has to be completed within eight weeks of referral. The last stage’s progress depends on the agreed-upon results during the mediation process. Mediation normally occurs, and if the parties come into a settlement at this stage, the tribunal is asked to give a consent award; however, it must be with agreements discussed in their settlement. Conversely, if mediation is applied, then the necessity to lift the arbitration proceedings may be vital.in this circumstance, at this point, resumption of the proceedings by the arbitration proceedings is observed.

Contractual parties are always free to apply the protocol at any given stage. They can even adopt the protocol when the dispute resolution is in progress. The med-Arb model, the Arb-Med-Arb model, has benefits, especially in situations where the mediation parties would opt to write down an award. Perhaps it helps eliminate ambiguity in questions such as whether the dispute has been settled or exists. Mediation is easily started once the conflicting parties agree to use the AMA protocol, as it primarily relies on approval by the parties.

The protocol is embraced well in Singapore, being that the mediation ecosystem has robust and more enforcement. SIAC and SIMC are the two service providers involved in the protocol. SIMC has a role in facilitating judiciary enforcement as it insists on writing requirements. The mediation act of 2007 (MA) greatly supports the protocol .mediated settlement agreements are regarded as orders given by courts and enforcements done under the jurisdictions. Meeting CCAA or IAA is considered a requirement of MSA.[2].

Enforceability–an enforcement of MSA may occur as an order from the courts of MA just like SICC, which comprises the international bench of judges. Developments are expected to arise in the process of cross-border enforcement. A group known as UNCITRAL working group II is making the UNCITRAL convention on international settlement agreements in Singapore. The result after the conventions takeover will be the mechanism to be applied by the states in cross-border enforcement. Supreme courts in Singapore are always members of the standard international forum of commercial courts (SIFOCC). The memorandum of understanding between a wide range of court’s jurisdiction marked the origin of (SIFOCC). The jurisdiction was shared within twenty-three countries of the region.

More panels and support have been provided to the institutions. Apart from the SIMCs mediator panel, other panels have been established and have been vital in support of the services of (SMC). The panel has technical personnel controlled by SIMC as well as SIAC7. They comprise consultants who work independently and companies from different sectors. SIMCs can support institutions that seem much more valuable in international disputes. International disputes have been challenging to manage over the past years.

SIAC and SMC allow room for smooth transitioning. The burden associated with the mediation process during arbitration is reduced for the administrators. Therefore it helps in reducing the many costs associated with the mediation process. SIAC takes the required steps to ensure the issues are taken to SIMC on behalf of the conflicting parties. Thus giving them ample time during the transition.

One of the risks of the protocol is that it has expedited timelines. There are no provisions enforcements that are expedited in nature. About the protocol, any SIAC arbitration rules or UNCITRAL rules of arbitration are used. SIMC rules dos not talk about anything to do with expedited enforcement. Plication must be made during arbitration after it has commenced, as it is necessary when the parties seek interim measures. The protocol does not elaborate on whether the parties may be required to return to the mediation process under the timelines.

The announcement informing someone about an approval they have been looking for is a letter of award. The award could either be in respect or anything in monetary value. For instance, monetary payments received from the government, any reward given to appreciate good work done in a chosen area.in most circumstances, the award letters are written when there are several bidders for the same contract. The contract may be from a well-known company or the government. Quality and presentation of the reward letter make it a vital document in communication .good presentation of a reward letter is considered part of the etiquette and tradition. Hence when writing an award letter, people must pay attention to it to develop the desired quality and presentation. However, it can turn out to be tedious when written in bulk.

On the other hand, a letter of intent is a document that shows one party has agreed to do business or a transaction with another. The deal terms between the parties are well-defined in the letter of intent. However, the inter letter is used in big business to carry out transactions. The letter has different uses within different companies. The letter is vital when parties need to explain some of the contractual terms that might be important before the deal is signed. The letter signifies the negotiation between two parties in a joint venture. The intent letter clarifies the key points of the contract to be negotiated. The letter also ensures all parties in the contract are protected. Perhaps the letter reveals the nature of the contract, such as joint ventures. In the case of Liebeck v McDonald’s Restaurants (1994), the complainant Stella Liebeck made an order of coffee at a McDonald’s restaurant. She spilled the coffee, which resulted in, burns over her. She was burnt majorly in the pelvic part. She went to the hospital.l after which she was required to get medical care for at least two years to recover[3]ineffectivehe looked for a la through a lawyer. She claimed the coffee was ineffective due to the burns it caused her. She asked for compensation for the emotion,al distress and also medical bills incurred. The courts ruled in favour of Liebeck pointing out that MacDonald’.s could have the temperature of the coffee too high hence causing her the injuries[4].

The contractor has the obligation of ensuring that there is no defect occurring within the notice date (defence liability period) in the place where the construction takes place. The liabilities are well explained by the Singapore laws. The developer is also held liable for any kind of mistakes in the building of the houses. The mistakes may be a result of one not following the instructions given in the sales and purchase agreement .some of the defects result from the defectiveness of the manpower in charge of the construction. The developer is expected to make changes to the defects within one month from the time when he or she received notice of complaints from the owner. The repairs are made by the contractor at his or her cost. However, in cases where the repairs are not well done as per the agreement, then the owner may write a letter of intent to the developer. The content of the letter may be the intention of making repairs within the stipulated time and also quoting the expenses expected. Suppose the developer does not rectify the errors after the given period, then the purchaser may call his workmen to correct the mistakes at his own cost. The case might be ruled about LW Infrastructure Pte Ltd v Lim chin san contractor ltd (2011). The courts held that termination does not affect one’s rights to liquidated damage encountered before termination.

Amendments that were done to building construction industry security of payment (SOP) have great impacts on both contracting parties. The first amendment was that authorized personnel must open an account. The purpose was to help in the amount adjudicated as per the demands of section 18(3)[5]. The amendment puts it clear that there has to be trust in the nominating body even if they are authorized. The second amendment was that the party responsible for nominations is not supposed to withdraw any money from the bank account created. Being that the accounts are opened for trust gain purposes. The party nominating can only make a withdrawal to make payments for section 22(3)[6]. The third amendment was the interests accrued from the account adjudicated for the trust must be for the nominating body with the authority. The disposing of the interest must be done in a way preferred by the nominating body. The amounts held from the authorized person’s account are not to be used to pay any kind of debt.

[1] Ghafele, R. and Gibert, B. (2014) “A counterfactual impact analysis of fair use policy on copyright related industries in Singapore,” Laws, 3(2), pp. 327–352. Available at: https://doi.org/10.3390/laws3020327.

[2]

“Correlation between major laws and economic development: 1959–1999” (2002) Eyes on the Prize, pp. 127–162. Available at: https://doi.org/10.1163/9789004481053_010.

[3] Marquart TA, “SSD NAND Density Skewing: A Method to Save Costs during Qualification without Compromising Reliability” [2018] 2018 Annual Reliability and Maintainability Symposium

[4] Johannesson K, “Are We Analyzing Speciation without Prejudicis obligated to ensureNew York Academy of Sciences 143

[5] Chua SYI, Ng YY and Ong MEH, “Getting R-AEDI to Save Lives in Singapore” (2020) 61 Singapore Medical Journal 60

[6] “Mediation and without Prejudice Privilege” [2019] Mediation Law and Civil Practice

Crosby G, “Any Prejudice Begets More Prejudice” [2022] Diversity Without Dogma 161