Rapiscan Asia Pte Ltd v Global Container Freight Pte Ltd
| Jurisdiction | Singapore |
| Court | High Court (Singapore) |
| Judge | S Rajendran J |
| Judgment Date | 16 April 2002 |
| Neutral Citation | [2002] SGHC 72 |
| Citation | [2002] SGHC 72 |
| Year | 2002 |
| Published date | 19 September 2003 |
| Docket Number | Suit No 202 of 2001 |
| Date | 16 April 2002 |
| Subject Matter | Third party and principal’s relations,Bills of lading,Parties subsequently entering into oral contract of carriage,Bill of lading not issued at formation of contract of carriage but issued later,Shipper's sister company negotiating contract of carriage with freight forwarder,Negligence,Bills of lading as contract of carriage,Whether terms in bill of lading incorporated in contract of carriage,Agency,Tort,Whether more appropriate to pursue remedy in contract or tort,Admiralty and Shipping,Contract,Whether limitation clauses limit freight forwarder's liability for negligent misrepresentation,Whether breach on freight forwarder's part,Remedies,Contract of carriage,Whether contract between shipper and freight forwarder,Whether term that freight forwarder needs to monitor shipment to be implied,Implied terms,Application of Morton tests,Exclusion clauses,Standard terms,Performance of contractual obligation in negligent way,Contractual terms,Whether exemption clauses exempt freight forwarder from liability for negligent misrepresentation,Freight forwarder making known to shipper that shipment subject to Singapore Freight Forwarders Association Standard Trading Conditions,Whether contract subject to SFFA Conditions,Limitation of liability clauses,Contractual relations |
| Plaintiff Counsel | S Palaniappan, N Sreenivasan and K Gopalan (Straits Law Practice LLC) |
| Defendant Counsel | Loo Dip Seng and Gerald Yee (Ang & Partners) |
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4 cases
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Emjay Enterprises Pte Ltd v Skylift Consolidator (Pte) Ltd (Direct Services (HK) Ltd, Third Party)
...Ltd [1980] AC 827 (folld) Plato Films Ltd v Speidel [1961] AC 1090 (refd) Rapiscan Asia Pte Ltd v Global Container Freight Pte Ltd [2002] 1 SLR (R) 701; [2002] 2 SLR 325 (refd) Sze Hai Tong Bank Ltd v Rambler Cycle Co Ltd [1959] AC 576; [1959] MLJ 200 (distd) Weait v Jayanbee Joinery Ltd [1......
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Press Automation Technology Pte Ltd v Trans-Link Exhibition Forwarding Pte Ltd
...Services Ltd [1999] 1 All ER (Comm) 981; [1999] EWCA Civ 1449 (folld) Rapiscan Asia Pte Ltd v Global Container Freight Pte Ltd [2002] 1 SLR (R) 701; [2002] 2 SLR 325 (refd) Tilden Rent-A-Car Co v Clendenning [1978] 83 DLR 3d 400 (not folld) Trident Holdings Ltd v Danand Investments Ltd (198......
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Apex Energy International Pte Ltd v Wanxiang Resources (Singapore) Pte Ltd
...incurred in the course of mitigation is not controversial: see for example Rapiscan Asia Pte Ltd v Global Container Freight Pte Ltd [2002] 1 SLR(R) 701. From the above, it is plain that once the course of mitigation taken by Apex is found to have been reasonable, it is entitled to recover i......
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Holland Leedon Pte Ltd (in liquidation) v C & P Transport Pte Ltd
...not relevant here). Exclusion clauses are construed contra proferentem (see Rapiscan Asia Pte Ltd v Global Container Freight Pte Ltd [2002] 1 SLR(R) 701 at [41]). The Singapore Court of Appeal in Marina Centre Holdings Pte Ltd v Pars Carpet Gallery Pte Ltd [1997] 2 SLR(R) 897 at [7] adopted......
2 books & journal articles
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Contract Law
...SLR 29 (focusing on the concepts of both actual as well as apparent authority); Rapiscan Asia Pte Ltd v Global Container Freight Pte Ltd[2002] 2 SLR 325 (also referred to infra, with regard to shipping and infra, paras 9.24, 9.28 and 9.91, with regard to “Implied terms”, “Exception clauses”......
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Tort Law
...Conditions (“SFFA Conditions”) and in bills of lading arose for consideration in Rapiscan Asia Pte Ltd v Global Container Freight Pte Ltd[2002] 2 SLR 325. The plaintiff (“Rapiscan”) brought an action against the defendant (“Global”) for breach of a contract of carriage. 20.2 Rapiscan had en......