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Where contract ends

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Contract governs the relationship between a platform and its customer. Chapter III has shown how far the terms decide what the customer may expect. Tort matters where contract does not reach. Four situations arise in practice. The customer's assets are lost through a hack, after which the customer wishes to sue the custodian in negligence to escape a limitation clause or because the contracting entity is empty. A third party with no contract, such as a user of a decentralised protocol, loses assets through a defect in software written by identifiable developers. A professional, such as a smart-contract auditor or a valuation agent, gives negligent advice on which others rely. Or an employee of a platform defrauds its customers and the question is whether the platform is vicariously liable. Singapore law has not yet produced a reported judgment on any of these in a crypto context. The applicable principles are nonetheless clear enough to advise on, because Singapore's law of negligence is settled and has features that differ from English law in ways that matter here.

For general information only. This article does not constitute legal or tax advice, does not replace advice on an individual case and creates no lawyer-client relationship. It reflects the legal position as of October 2026.

Setting up or expanding in Singapore?

SingaporeIQ is edited by Dr Alexander Ressos, an international business lawyer with more than 15 years of local experience in Singapore as a permanent resident, a Singapore registered foreign lawyer and managing partner of a Singapore foreign law practice. In addition to significant experience in cross-border investments and transactions, UHNWI private client work and sanctions/export controls, Dr Ressos has extensive experience in cross-border business and in crypto and digital-asset projects in Singapore, drawn from more than 700 projects since 2017.

If you are planning a company incorporation, an investment, a holding structure or a market entry through Singapore, you can reach Dr Ressos directly at [email protected]. Singapore law advice is provided by KGP Legal LLC, a licensed firm of Singapore advocates and solicitors. Dr Ressos and his team facilitate the full range of Singapore legal, compliance and company administration services, including company incorporation, corporate transactions, commercial contracts, crypto and digital assets, financial regulatory work and dispute resolution, including litigation in the Singapore courts. For Hong Kong, our parallel site HongkongIQ.com offers the same practical guidance. For crypto and digital assets, dltreg.com covers legal, tax and fiduciary services. For legal, tax and fiduciary services in Switzerland, see helveticaregister.com.