In an important decision for the drafting and negotiation of contracts, the Court of Appeal held that the introduction of a boiler-plate indemnity that had not been specifically negotiated by parties cannot have the effect of overriding the negotiated commercial bargain, structure of the deal and calibrated risk allocation reflected in the contractual documents: CIFG Special Assets Capital I Ltd (formerly known as Diamond Kendall Ltd) v Ong Puay Koon and others and another appeal [2017] SGCA 70.
If you have any queries or would like to know more about how these changes may impact you, please contact:
TAN Chee Meng, Senior Counsel
Deputy Chairman
d +65 6416 8188
e cheemeng.tan@wongpartnership.com
Click here to see Chee Meng’s CV.
