RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd and another appeal

JurisdictionSingapore
CourtCourt of Appeal (Singapore)
Judgment Date29 August 2007
Docket NumberCivil Appeals Nos 151 and 152 of 2006
Date29 August 2007

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85 cases
  • Aero-Gate Pte Ltd v Engen Marine Engineering Pte Ltd
    • Singapore
    • High Court (Singapore)
    • 31 July 2013
    ...Rajabali Jumabhoy v Ameerali R Jumabhoy [1998] 2 SLR (R) 434; [1998] 2 SLR 439 (folld) RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd [2007] 4 SLR (R) 413; [2007] 4 SLR 413 (folld) Safe Neptunia, The [1988] 1 SLR (R) 314; [1988] SLR 406 (distd) Shawton Engineering Ltd v DGP International Ltd......
  • Wong Bark Chuan David v Man Financial (S) Pte Ltd
    • Singapore
    • High Court (Singapore)
    • 18 January 2007
    ... ... 21     According to Tricia, there was another telephone discussion with Mr Wong which she thought had ... 24 (“ National Aerated Water ”), the Court of Appeal said, at para 31: ... “It does not matter that the ... ...
  • Sports Connection Pte Ltd v Deuter Sports GmbH
    • Singapore
    • Court of Appeal (Singapore)
    • 1 June 2009
    ...entitle the innocent party to terminate the contract concerned. As this court put it in RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd [2007] 4 SLR 413 (“RDC Concrete”) at [I]t is important to note, at the outset, that, in the event of a breach of contract, there is no automatic legal right ......
  • Koh Chong Chiah v Treasure Resort Pte Ltd
    • Singapore
    • Court of Appeal (Singapore)
    • 1 October 2013
    ...(folld) QBE Insurance Ltd v Sim Lim Finance Ltd [1987] SLR (R) 23; [1987] SLR 15 (refd) RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd [2007] 4 SLR (R) 413; [2007] 4 SLR 413 (folld) RJ Flowers Ltd v Burns [1987] 1 NZLR 260 (folld) Roche v Sherrington [1982] 1 WLR 599 (distd) San Internationa......
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5 firm's commentaries
  • Nominal Damages For Breach Of Contract
    • Singapore
    • Mondaq Singapore
    • 20 September 2022
    ...damages as of right for loss resulting from breach of contract: see RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd and another appeal [2007] 4 SLR(R) 413 at [40]; Denka Advantech Pte Ltd and another v Seraya Energy Pte Ltd and another and other appeals [2021] 1 SLR 631 at [60]. Breaches of c......
  • Construction Comparative Guide
    • Singapore
    • Mondaq Singapore
    • 24 January 2022
    ...that might impede or obstruct the performance of the contract". This was affirmed in RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd [2007] 4 SLR(R) 413, where the Court of Appeal made clear that the precise construction of the clause in question is of paramount importance, as it defines the ......
  • Construction Comparative Guide
    • Singapore
    • Mondaq Singapore
    • 24 January 2022
    ...that might impede or obstruct the performance of the contract". This was affirmed in RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd [2007] 4 SLR(R) 413, where the Court of Appeal made clear that the precise construction of the clause in question is of paramount importance, as it defines the ......
  • The Japan disasters and its effects on business in Singapore
    • Singapore
    • Mondaq Singapore
    • 8 June 2011
    ...defining the force majeure is clearly spelt out. In the recent Court of Appeal case of RDC Concrete Pte Ltd v Sato Kogyo (s) Pte Ltd [2007] 4 SLR(R) 413, the court reaffirmed the principle that the precise construction of the force majeure clause is paramount as it would define the precise ......
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13 books & journal articles
  • CONTRACT LAW IN COMMONWEALTH COUNTRIES: UNIFORMITY OR DIVERGENCE?
    • Singapore
    • Singapore Academy of Law Journal No. 2019, December - January 2019
    • 1 December 2019
    ...and the Third Term: Discharge and Repudiation” (2008) 124 LQR 373 at 375. 150 See the RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd [2007] 4 SLR 413 at [88]. 151 [2007] 4 SLR(R) 413; and also reported at (2008) 115 Con LR 154. See also John W Carter, “Intermediate Terms Arrive in Australia ......
  • The legal and commercial frameworks
    • United Kingdom
    • Construction Law. Volume I - Third Edition
    • 13 April 2020
    ...injury, or damage is caused to other property by virtue of the defective supply. 256 252 RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd [2007] 4 SLR(R) 413 at [22]–[33], per Andrew Phang Boon Leong JA [Sing Ct App]. 253 [1938] 1 All ER 591. 254 See also Gas Spares Manufacturing Ltd v Shoosmi......
  • Building and Construction Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2007, December 2007
    • 1 December 2007
    ...court has been invited to rule on this issue. Affirmation of general principle 6.14 In RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd[2007] 4 SLR 413, considered in detail below, a contract for the supply of ready-mixed concrete contained a provision which read: ‘The above quoted prices shal......
  • Contract Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2016, December 2016
    • 1 December 2016
    ...discharge by breach (ie, a repudiatory breach) which have been set out by this court in RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd [2007] 4 SLR(R) 413 (“RDC Concrete”) would be relevant to the determination of whether the Respondent was guilty of “serious misconduct” within the meaning o......
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