When Will The Breach Of Duty Exception Apply?

In Axis Megalink Sdn Bhd v Far East Mining Pte Ltd [2023] SGHC 243 (Axis Megalink), the General Division of the High Court of Singapore (High Court) expounded on the breach of duty exception and elaborated on how this principle interacts with the attribution of an agent's knowledge and acts to his principal. The High Court also explained how a mistake as to a counterparty's identity (in particular, the characteristics of the counterparty) could lead to the contract being declared void through the operation of the doctrine of unilateral mistake at common law. The High Court further reaffirmed the principle that silence can amount to an operative misrepresentation if there is a duty on the alleged representor to speak or disclose certain facts to the representee.