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Channel: Lawyers for Contractual Disputes in Singapore | SingaporeLegalAdvice.com

Rajan Supramaniam

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Rajan Supramaniam is a Singapore Lawyer and Consultant at Edmond Pereira Law Corporation. Rajan previously practiced at Hilborne Law LLC as a Legal Associate, Director, Senior Director and Managing Director.

He graduated from the National University of Singapore with his Bachelor of Arts & Master’s Degree in English, before reading law at Lincoln’s Inn graduating as a Barrister-at-law in England and admitted as an Advocate and Solicitor of the Supreme Court of Singapore.

Prior to becoming a Lawyer, Rajan was a Senior Prison Officer (Singapore Prison Service). He was involved in investigation, rehabilitation, training, counselling, planning, operations, management of  criminal law detainees, dealing with death row Prisoners and other  offenders. 

Rajan is an experienced Senior Criminal lawyer with experience in Death, Traffic and other criminal offences with more than 20 years of litigation experience with all levels of Singapore Courts, including State Court, Family Court, Military Court, High Court and the Court of Appeal.

He is also a qualified Mediator with the Singapore Mediation Centre and is on the Singapore Law Society panel of mediators and State Courts.

Rajan is an Adjunct Law Lecturer with Law Schools and is a Legal Advisor to corporations, institutions and charitable organisations. He is on the Legal Assistance Scheme for Capital Offences (LASCO) and Criminal Legal Aid “CLAS” to assist the poor on a Pro Bono Basis. 

Rajan has assisted clients during the pre-investigation stages, making representations, securing bail and conducting trials. He has obtained discharges, police warnings, with no further actions and acquittals for the variety of offences. In other cases he represented, clients got off with fines without jail terms.

Rajan is a lawyer for the common man, he has the heart for the poorest of his clients. He says he has given his best to the profession and has been successfully representing clients.

Rajan’s performance in the Courtroom has been appreciated by both clients and Judges. He handles each case with passion, commitment, conviction and fearlessly defends his clients.

Rajan’s area of practice :

  • Murder
  • Drug Trafficking
  • Drug offences
  • Sexual offences 
  • Rape/Upskirt/ molest
  • Robbery/ Theft
  • Unlawful Assembly
  • Vandalism
  • Corporate Crime
  • Computer Crime
  • Juvenile Offences
  • Magistrate’s Complaint/Private Summons
  • Offences under POHA
  • Defamation / Harrassment
  • Representation/Plea Bargaining
  • Rash Act
  • Corruption offences
  • Shoplifting
  • Causing hurt (Sections 323, 324, 325 Penal Code (Offences)
  • MOM offences
  • Traffic/LTA Offences, Customs, Immigration offences

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Rebecca Chia

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I am currently a partner in I.R.B. Law LLP. My areas of expertise lies in civil litigation and commercial litigation. However, I provide a broad range of services from preparation of mental capacity applications, to drafting of contracts. I am a good listener and I aim to address your legal concerns and meet your legal needs. I always strive to provide my clients with practical legal advice which they would be able to apply in their particular circumstances. 

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Markus Kng

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I am an Advocate and Solicitor admitted to the Singapore Bar and am a qualified legal practitioner. I firmly believe that everyone is entitled to legal representation and am committed to providing clear and concise advice to clients who look to me for guidance.

Please reach out to me if you require assistance with matters involving commercial disputes, tenancy disputes, criminal offences or family matters (such as the preparation of Wills, grant of letters of administration or probate). I will do my utmost to provide clarity to you, with a healthy dose of empathy and understanding.

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Enforcing Verbal Agreements in Business Contracts

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A verbal agreement is just that. It is an agreement made verbally between two or more parties. Verbal agreements can be legally binding and enforceable in Singapore, if it can be proven that they were made. This article will explain:

When are Verbal Agreements or Contracts Legally Binding? 

In theory, a verbal agreement/contract is just as binding and enforceable as a written one. To amount to a legally binding contract, a transaction needs to comprise:

  • An offer;
  • An acceptance of that offer; and
  • Consideration.

Consideration is the thing being bargained for. For example, if you are browsing around a farmers’ market and come across a vendor advertising their apples for sale for a dollar each, and you bought an apple for a dollar from the vendor, you have just entered into and performed a binding verbal contract.

The shop has offered to give you an apple in exchange for one dollar –  this is the offer. You accepted the offer by giving the shop a dollar and taking an apple –  this is the acceptance. The dollar that you have paid is the consideration. Therefore, this entire transaction amounts to a binding verbal contract.

When Should a Contract be in Writing? 

Although verbal contracts are enforceable, it is usually advisable to put contracts in writing if the contract is about anything important. This is because if you cannot prove that a verbal contract was made, you cannot enforce it.

In a business environment, contracts should be in writing in almost every imaginable scenario. Doing this is good practice, particularly for business owners, as it increases the likelihood that your business transactions will take place as anticipated.

In fact, certain kinds of contracts are required by law to be in writing. An example of such a contract is a contract of employment. The Employment Act requires key employment terms to be provided to employees in writing within 14 days of the commencement of their employment. An employment agreement could technically be said to exist independently of these written terms. However, given this legal requirement, employers typically include these key terms in a written employment contract to be signed by their employees.

How To Enforce a Verbal Contract

If you have a verbal contract in which the other party fails to perform their obligations under the contract, you will need to enforce it. For example, if you had a verbal contract with a supplier to provide you with a certain amount of raw materials by a certain date and they do not do so, you will need to enforce the contract.

Here are the steps that you can take to do so if you are the party seeking to enforce the contract:

  • First, write to the supplier, referring to the terms of your verbal agreement, and ask them why they have failed to perform the contract. You can also ask them what they intend to do to rectify the situation.
  • Wait for the supplier to respond. Hopefully, their response will either implicitly or explicitly acknowledge the terms of the verbal contract that you have previously set out in your correspondence. You then have written evidence of your verbal contract that you can use as evidence to enforce the contract in court, if necessary. If it is clear from the supplier’s response or silence that they do not intend to perform the contract, you can consider taking legal action against the supplier.

If you are the other party who is disputing that a verbal contract exists, the burden of proving that a verbal contract exists will be on the claimant (i.e. the person taking legal action against you). The claimant will need to prove that a verbal agreement had actually been made.

You should avoid communicating with the claimant or responding at all to any correspondence claiming that a verbal agreement existed. Instead, you should engage a litigation lawyer and have them determine how best to respond to the claim, if at all.

How to Prove the Existence of a Verbal Contract 

There are a limited number of ways in which a party can prove the existence of a verbal contract. The first and most straightforward way is for the other party to admit to its existence.

The second is to secure any written evidence of the verbal agreement. These could include the minutes of a meeting, an exchange of correspondence, or a subsequent transcription of the key terms of the agreement.

Another way would be to take an audio recording of the verbal agreement being made. Naturally, this is very rare. If the recording was made secretly, without one party’s knowledge, and the recording party was a company, the recording could likely still be used in court. However, the company would risk falling foul of the Personal Data Protection Act (PDPA) and being subject to regulatory sanctions. This is because, under the PDPA, it is illegal for companies to collect or use personal data without its owner’s consent.

A witness who was present at the scene when the verbal agreement was being made may also be called upon to testify as to what they heard or saw. This would occur only in the context of the matter being brought before the courts, where witnesses are being called as part of the proceedings.      

Alternatively, a court may find that a verbal agreement existed by referring to the actions, or conduct, of the parties after the contract was made. If the parties behave as if there is a contract, and this is the most reasonable explanation for their actions, a court may find, on that basis, that they were acting as though a verbal contract had come into existence.

For example, a supplier verbally agreed to regularly supply certain amounts of cement to a customer. If the supplier starts making deliveries of the cement to the customer, a court may reasonably conclude that he did so pursuant to the verbal agreement.

As you can see, while verbal contracts are enforceable in Singapore, proving their existence using the strategies above are uncertain and adds an additional layer of difficulty to enforcing a simple contract. For this reason, in business settings, it is advisable to avoid relying on verbal agreements and to always insist on written agreements.

It is often economically beneficial to engage a commercial contract lawyer to draft a suite of template agreements that your business would regularly require to avoid these kinds of disputes arising. If a dispute about a verbal contract does arise and you decide to commence legal action, you can consider engaging a contractual disputes lawyer to advise and represent you in that dispute.

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Jocinda Wong

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Since young, Jocinda always envisioned herself as an advocate and frequently represented her school for various public speaking, elocution and debate competitions. Upon graduation from the University of Queensland (Australia) in December 2014, Jocinda joined a Singapore Law Firm as a full-time Practice Trainee while studying for her Singapore Bar Exams.

After being called to the Singapore Bar in 2017, Jocinda assisted in various trials and hearings covering various areas of practice, and has actively led hearings and trials from thereon. Her areas of practice include civil, commercial litigation, accident, personal injury, insolvency, family and criminal matters. As a legal practitioner, she believes in providing practical solutions for her clients.

Jocinda is proficient in English, Mandarin, Malay, Cantonese and Hokkien. Given her multilingual skills, she is able to connect with her clients from different cultures and backgrounds.

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Tris Xavier

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Tris Xavier is the head of the Integrated Property Group at Yuen Law. Tris specialises in Real Property, Intellectual Property and Insolvency law, Tris thrives on seeing interconnected solutions for clients, and believes that law cannot be approached in silos but must be seen holistically. His breadth of experience in diverse fields is testament to Tris’ ability to find and finetune effective solutions to solve problems and issues as they arise.

Prior to joining Yuen Law, Tris served in the Insolvency and Public Trustee’s Office and the Ministry of Law. In his time in civil service, Tris undertook a breadth of work including court work, policy planning and stakeholder management, and was heavily involved with the 2015 reforms of the then-“Bankruptcy Act”, and the 2018 passing of the new omnibus Insolvency, Restructuring and Dissolution Act. He then joined the Singapore University of Social Sciences as a lecturer, teaching subjects as diverse as Equity and Trusts, Wills, and Constitutional Law, as well as spearheading the inaugural Legal Clerkship Programme.

Tris enjoys explaining and demystifying what the law can mean for businesses and individuals.

 

 

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Wilson Yeo

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Straits Times Best Law Firms 2024

 

He is the Managing Director of Yeo Marini Law Corporation and is supported by a team of excellent lawyers. 

As a boutique firm, Wilson and his team are able to provide a wide spectrum of legal services at competitive rates. The firm’s ethos is that the law should be available to everyone.

Prior to his legal career, Wilson graduated with a Bachelor in Engineering (Civil) from NTU. He worked with the Land Transport Authority as a Programme Planning Engineer in projects worth more than 1 billion dollars and has experience in the construction and building industry.

He obtained his LLB in Australia, having obtained the top 30% of his cohort.

 

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Ang Boon Yaw

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  • Before embarking on his legal career, Boon Yaw graduated with a Bachelor in Banking and Finance from University of London. He worked in established financial institutions such as Evercore Asia, Schroders Investment Management, Cantor Fitzgerald Singapore and Bank of America Merrill Lynch covering functions such as client onboarding, regulatory compliance and transaction monitoring.

 

  • Boon Yaw was admitted as an Advocate and Solicitor of the Supreme Court of Singapore in 2018 and as an Australian Lawyer of the Supreme Court of Victoria in 2019 after reading law at the University of Tasmania, Australia.

 

  • Prior to joining Yeo Marini Law Corporation, he was the Head of the Legal and Compliance department in an established financial institution in Singapore.

 

  • Boon Yaw is bilingual in English and Mandarin. He is also well equipped to understand your legal concerns and is a keen listener. His experience in the legal industry includes commercial and corporate law, client due diligence, compliance, landlord-tenancy work, criminal defence litigation, general civil litigation, insolvency law and family law.

 

  • On the side, Boon Yaw enjoys playing badminton, cycling and swimming. Boon Yaw has also completed Ironman triathlon races in Western Australia, Singapore and Taiwan.

Professional Memberships and Appointments

– Member, The Law Society of Singapore

– Member, Singapore Academy of Law

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Daniel Ho

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I am an engineer-turned-lawyer, and am accredited by the Singapore Academy of Law as an Accredited Specialist in Building and Construction Law.

I specialise in the law relating to construction, engineering and technology projects (e.g., building, construction, renovation/fit-out, manufacturing, turn-key, transportation, supply chain, energy, oil and gas projects etc.).

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Stephanie Looi

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Stephanie Looi graduated from King’s College London in 2003 and was admitted to the Singapore Bar in 2005 as an Advocate and Solicitor after having trained with a Senior Counsel in a leading matrimonial law firm in Singapore.
Since then, she has acquired vast experience in family law litigation. Stephanie appears regularly for clients at all levels of the Singapore Courts on all matters affecting the family including division of matrimonial assets, maintenance, custody and international relocation, trust and property disputes, family violence, child abduction as well as cross-border child and financial related matters.
She is also highly experienced in both contentious and non-contentious probate proceedings involving large estates and personal disputes, as well as acting for deputies in cases of Mental Capacity Act (both contested and non-contested).
Apart from family litigation, Stephanie also frequently advises and represents clients in the drafting of relevant Prenuptial and Postnuptial Deeds, which are particularly useful to clients who have significant pre-marital assets and advising them on setting up a framework that helps protect their assets and to reduce unnecessary acrimony.
In addition to her wealth of experience in the area of family law, Stephanie also maintains an active civil and commercial dispute practice, representing personal and corporate clients in cases involving complicated legal and factual issues.
Stephanie has also given several talks in both English and Chinese language on wills, lasting power of attorney and divorce matters to various organizations such as Singapore Press Holdings and most recently to Singapore Tourism Board.

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