E-briefing: Harry Elias Partnership LLP wins Court of Appeal case concerning “as is basis” clause and misrepresentation
CA/CA 26/2020 was an appeal from the High Court decision in Smoothlink Worldwide Services Pte Ltd v Regional Marine & Engineering Services Pte Ltd and another suit  SGHC 94. This case involves claims of misrepresentation and breach of contract in the context of the sale of drilling rigs on an “as is” basis, and the application of well-established contractual principles such as the contra proferentem rule, rectification, proof of loss and implied condition under the Sale of Goods Act. Notably, the Court of Appeal affirmed that an “as is basis” clause in contracts of sale and purchase refers to taking the goods in their then existing condition, including their weights, despite the Defendant-Appellant’s contention that the “as is basis” clause is not all-encompassing and did not include the weight of the rigs.
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Yasmeen J. Marican
Partner, Restructuring and Insolvency
+65 6361 9813
+65 6361 9809
Supporting team member
Kushal Atul Shah