Rapiscan Asia Pte Ltd v Global Container Freight Pte Ltd

JurisdictionSingapore
CourtHigh Court (Singapore)
JudgeS Rajendran J
Judgment Date16 April 2002
Neutral Citation[2002] SGHC 72
Citation[2002] SGHC 72
Year2002
Published date19 September 2003
Docket NumberSuit No 202 of 2001
Date16 April 2002
Subject MatterThird 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 CounselS Palaniappan, N Sreenivasan and K Gopalan (Straits Law Practice LLC)
Defendant CounselLoo Dip Seng and Gerald Yee (Ang & Partners)

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4 cases
  • Emjay Enterprises Pte Ltd v Skylift Consolidator (Pte) Ltd (Direct Services (HK) Ltd, Third Party)
    • Singapore
    • High Court (Singapore)
    • 21 February 2006
    ...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......
  • Press Automation Technology Pte Ltd v Trans-Link Exhibition Forwarding Pte Ltd
    • Singapore
    • High Court (Singapore)
    • 3 December 2002
    ...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......
  • Apex Energy International Pte Ltd v Wanxiang Resources (Singapore) Pte Ltd
    • Singapore
    • High Court (Singapore)
    • 6 July 2020
    ...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......
  • Holland Leedon Pte Ltd (in liquidation) v C & P Transport Pte Ltd
    • Singapore
    • High Court (Singapore)
    • 31 December 2013
    ...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
  • Contract Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2002, December 2002
    • 1 December 2002
    ...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”......
  • Tort Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2002, December 2002
    • 1 December 2002
    ...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......