Unfair Contract Terms Act (UCTA): Primary legislation governing limitation of liability clauses in Singapore. Includes restrictions on excluding/limiting liability, reasonableness test for exclusion clauses, and special provisions for consumer contracts.
Civil Law Act: Fundamental legislation covering general contract law principles, requirements for consideration, and capacity to contract under Singapore law.
Consumer Protection (Fair Trading) Act: Legislation protecting consumer rights, addressing unfair practices, and establishing consumer protections when the agreement involves consumer transactions.
Misrepresentation Act: Governs limitations on liability exclusions, particularly prohibiting exclusion of liability for fraudulent misrepresentation and restricting exclusions for negligent misrepresentation.
Common Law Principles: Key legal doctrines including unconscionability, contra proferentem rule (ambiguous terms interpreted against drafter), and fundamental breach doctrine.
Waiver Clarity Requirement: Legal requirement that the waiver must be clear and unambiguous in its terms and scope.
Negligence Liability Restriction: Legal principle that liability for death or personal injury caused by negligence cannot be excluded under Singapore law.
Reasonableness Requirement: Legal requirement that the waiver must be reasonable in scope and not overreaching in its exclusions.
Public Policy Compliance: Requirement that the waiver must comply with public policy considerations and not contravene any statutory provisions.
Essential Waiver Components: Key elements that must be addressed including scope of activities, nature of risks, duration, parties involved, and indemnification obligations.
