Unfair Contract Terms Act (UCTA): Primary legislation regulating exclusion and limitation of liability clauses. Prohibits exclusion of liability for death or personal injury caused by negligence and requires reasonableness test for liability exclusions.
Civil Law Act: Establishes general principles of contract formation, requirements for valid contracts, and consideration requirements in Singapore.
Consumer Protection (Fair Trading) Act: Provides protection of consumer rights, addresses unfair practices, and applies specifically to consumer contracts in Singapore.
Misrepresentation Act: Prohibits exclusion of liability for fraudulent misrepresentation and limits the ability to exclude liability for negligent misrepresentation.
Common Law Principles: Encompasses doctrine of unconscionability, contra proferentem rule (ambiguous terms interpreted against drafter), and general principles of negligence.
Clear Language Requirement: Legal requirement that waiver terms must be clear and unambiguous to be enforceable.
Reasonable Terms Requirement: Legal principle that terms in waiver must be reasonable and not overly onerous to be enforceable.
Prominent Display Requirement: Important clauses must be prominently displayed and brought to the attention of the signing party.
Informed Consent Requirement: Signing party must have reasonable opportunity to read, understand, and agree to the terms being waived.
