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 [2020] 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.

Partner Yasmeen J. Marican and Associate Lloyd Tan, supported by Trainee Kushal Atul Shah, successfully acted for the Plaintiff in both the High Court and Court of Appeal proceedings.

Read the full article here.

For further information, please contact:

Yasmeen J. Marican

Partner, Restructuring and Insolvency

YasmeenJMarican@harryelias.com 

+65 6361 9813

Lloyd Tan

Legal Associate

LloydTan@harryelias.com

+65 6361 9809

Supporting team member

Kushal Atul Shah

Trainee

KushalShah@harryelias.com