The Court of Appeal held that the legal principles in RDC Concrete are of general application to all contracts. In RDC, the Court of Appeal ruled that RDC is unable to invoke the force majeure clauses as it had failed to plead it as a defence. 33 RDC Concrete Pte Ltd v. Sato Kogyo (S) Pte Ltd [2007] 4 SLR(R) 413 (SGCA). Publication. 4 SLR(R) 413 RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd & Another Appeal (2007) 4 SLR(R) 413 at (64). ↑ 23: Id., at (37). Spandeck Engineering (S) Pte Ltd v Defence Science & Technology Agency [2007] SGCA 37, RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd & Another [2007] SGCA 39, Chief Assessor & Another v First DCS Pte Ltd (Civil Appeal No 77 of 2007) and more recently, NCC International AB v Alliance Concrete Singapore Pte Ltd [2008] SGCA 5. In the absence of an express right to terminate, the non-defaulting party may seek to terminate the agreement at common law if the defaulting party has breached a condition or a sufficiently serious breach of an intermediate term (RDC Concrete Pte Ltd v Sato Kogyo … The Plaintiff had to purchase concrete from alternative suppliers, in particular, Pan United, at rates higher than those stipulated in the Contract. Author. Contract Law Case Summaries 01 Offer and Acceptance Notes 07 Privity Notes - Summary Law of Contract 09 Misrepresentation - Summary Law of Contract 10 Mistake Notes - Summary Law of Contract 3. Discharge of Contract Sports Connection Pte Ltd v Deuter Sports GmbH . Hong Kong; Hong Kong does not imply the concept of force majeure into commercial contracts. 283 Sewell v Burdick (1884) 10 App.Cas. Situation 1 – contract clearly states that innocent party can cancel the contract upon occurrence of a specified event. The Court of Appeal had examined the concept of force majeure in RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd [2007] 4 SLR(R) 413 (“RDC”). Last Page. Sato Kogyo; Engineering; 2003; This paper presents a technique to decide a location of soft layer ahead of a tunnel face. First Page . Towards a Consistent Approach in Breach and Termination of Contract at Common Law : RDC Concrete Pte Ltd v. Sato Kogyo; 2008; View PDF. 4 (“ Sports Connection ”). Journal Article. ↑ 22: Alliance Concrete Singapore Pte Ltd v Sato Kogyo (S) Pte Ltd (2014) 3 SLR 857 at (33). 1.Sato Kogyo (S) Pte Ltd ("Sato") contracted with RDC Concrete Pte Ltd ("RDC ")for the supply of concrete. RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd - Case Analysis Facts of the case Sato Kogyo (S) Pte Ltd (“the Plaintiff”) contracted with RDC Concrete Pte Ltd (“the defendant”). RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd [2007] 4 SLR (R) 413 ... Sato Kogyo (S) Pte Ltd [2014] 3 SLR 857 Serraino v Campbell [1891] 1 Q.B. Force majeure clauses “contractually allocate the risks between the contracting parties with regard to the occurrence of future events in specific circumstances, all of which are stipulated within the clause itself” (RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd [2007] 4 SLR(R) 413 (“RDC”)). The Singapore Court of Appeal in RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd continued to say that the right to cancel the contract arises in three categories – Situation 1, Situation 2, Situation 3a and 3b. In 2006, Alliance, a manufacturer of ready-mix concrete (RMC), agreed to provide the material to Sato Kogyo for three construction projects. The case of RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd & Another Appeal (2007) can be said to have lessened the significance of the traditional categorisation between a condition and a warranty because _____. [2007] 4 SLR(R) RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd 419 8 As a result, the Plaintiff’s construction schedule was disrupted and it was subjected to delay and inconvenience. Journal of Contract Law. 34 Alliance Concrete Singapore Pte Ltd v. Sato Kogyo (S) Pte Ltd [2014] 3 SLR 857 (SGCA) at [33]. Pursuant to cl 8 of the Towards a Consistent Approach in Breach and Termination of Contract at Common Law: RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd. Journal of Contract Law Yihan GOH, Singapore Management University; Find in your library Publication Type. Journal Article Publication Date. 35 Olivine Capital Pte Ltd v. Chia Chin Yan [2014] 2 SLR 1371 (SGCA) at [67]. Sato Kogyo (S) Pte Ltd v RDC Concrete Pte Ltd [2006] SGHC 213 Wellmix Organics (International) Pte Ltd v Lau Yu Man [2006] 2 SLR 117; [2006] SGHC 14 Goodwill Building Resources Pte Ltd v Yue Cheong Kuan t/a Ben Design Architects and Another [2006] SGDC 240 Wah Yuen Electrical Engineering Pte Ltd v Singapore Cables Manufacturers Pte Ltd [2003] 3 SLR 629; [2003] SGCA 23 Lam Hong Leong … 2 SLR(R) 316 (upheld on appeal) 8. Over a rich history of more than 150 years, sato kogyo has accomplished many building and civil engineering projects of varying scale, nature and complexity in japan, singapore, malaysia, thailand, cambodia, myanmar, china, indonesia, vietnam, ethiopia, afghanistan, middle east, europe and north america. 2.Sato ordered to temporarily suspend procurement of concrete from RDC due to problems with the quality of concrete supplied. previous post next post. 3) Hirji Mulji v … Towards a Consistent Approach in Breach and Termination of Contract at Common Law: RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd. Cite. Publication Date. The rest of this document … RDC Concrete Pte Ltd - Singapore This question required an explanation of the situations entitling an innocent party to terminate the contract, which are outlined in the judgment of the Singapore Court of Appeal in RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd (2007). The second exception is found in the decision of Williams v Roffey (1991). The court stated, obiter, that if a breach of warranty resulted in serious consequences, then that breach could also lead to the discharge (termination) of a contract. Extended case note on the Singapore Court of Appeal decision of RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd [2007] 4 SLR(R) 413. Feed. Yihan GOH, Singapore Management University Follow. Marc Goh . 36 Chwee Kin Keong and others v. Digilandmall.com Pte Ltd [2005] 1 SLR(R) 502 (SGCA) at [53]. Publication Type. RDC Concrete PTE Ltd v Sato Kogyo (S) PTE Ltd [2007] SGCA 39 In RDC Concrete PTE Ltd v Sato Kogyo (S) PTE Ltd [2007] SGCA 39 the Singapore Court of Appeal examined the law in relation to the interpretation of force majeure clauses. 2 Applied in Cousins Scott William v The Royal Bank of Scotland plc (2010) SGHC 73 at (46)-(48). Alert. RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd and another appeal 2007. 6-2008. Facts of the case Sato Kogyo (S) Pte Ltd (“the Plaintiff”) contracted with RDC Concrete Pte Ltd (“the defendant”). Asian Studies | Commercial Law. In the general sense, a force majeure clause allocates the risks between contracting parties upon the occurrence of an event that is beyond the contemplation of the parties (see RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd and another appeal [2007] 4 SLR(R) 413 (“RDC”) at [53]). 24. As will be noted later, the grounds of decision handed down by the Court of Appeal in . ↑ 21: Id., at (54). [12] Alliance Concrete Singapore Pte Ltd v Sato Kogyo (S) Pte Ltd [2014] 3 SLR 857 Disclaimer: This update is provided to you for general information and should not be relied upon as legal advice. Parties will be held strictly to the scope of the force majeure clause as drafted and the intention of parties behind the contract will be given full effect (see the Court of Appeal in RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd). Construction & Renovation, Concrete, Cement & Paving, Concrete, Concrete Singapore, Concrete-Ready Mixed 067210, Concrete, Construction & Renovation Singapore, Concrete, Cement & Paving Singapore, Concrete Singapore, Concrete Singapore Singapore, Concrete-Ready Mixed 067210 Singapore, Concrete Singapore. Question Three . Volume. Save. 3RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd [2007] 4 SLR(R) 143 at [54] COVID-19: NAVIGATIN THE CONTRACTUAL REMEDIES WITHIN CONSTRUCTION CONTRACTS IN SINAPORE FTI Consulting Inc. 02 change in such requirements or conditions imposed by the relevant authorities (and unforeseeable by the Contractor under the PSSCOC Conditions) will be construed as a change or a variation under the … As per the contract, 70,000m3 of concrete was supposed to be supplied by the defendant to the plaintiff between September 1st 2003 and June 30th 2006. Magenta Resources (S) Pte Ltd v China Resources (S) Pte Ltd 1996. (Professor) (Subject) RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd - Case Analysis 1. ISSN. RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd. 2 (“ RDC Concrete ”), Man Financial (S) Pte Ltd v Wong Bark Chuan David, 3. and most recently, in . facebook ; linkedin ; 0. Sato purchased concrete from other parties in the meantime. Get To Know The Authors The determination of wrongful dismissal is based on the application of well-established contractual principles regarding repudiatory or fundamental breach of contract as set out in RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd [2007] 4 SLR(R) 413 (CA) (RDC Concrete). Tags: COVID-19; COVID-19 (Temporary Measures) Act 2020; Contract; Force Majeure; Frustration. 267. In RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd [2007] SGCA 39 the Court of Appeal described the situations in which an innocent party to a contract may elect to treat a contract as having been discharged by the other party’s breach. 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