Question
Hi Tutor, I need your help to provide some guidance and solution for the following contract law question: Galaxy Corp (GC) is a company that
Hi Tutor,
I need your help to provide some guidance and solution for the following contract law question:
Galaxy Corp ("GC") is a company that provides short-term leases (also known as "charters") for its yacht, called "Galaxy", for leisure sailing along the coast of Singapore. "Steve6" is an advertising company which is organized into 5 teams with 20 employees in each team. Steve6 is planning for appropriate team-building events to be conducted for each of the 5 teams.
As the Steve6 employees are all "foodies"(people with a keen interest in the taste and quality of food), the consensus among the planning committee was that there should be a good variety of tasty food provided for the team-building events.
While researching for unique team-building ideas, Steve6 came across some online reviews for GC's services that praised the yacht's modern design, their environmentally responsible practices, the variety and quality of food on board, and the superior service of the yacht crew.
Subsequently, Steve6 contacted GC to find out more about their yacht charter services and Steve6 also asked for a preliminary tour of the yacht to see the actual conditions on board the yacht.
During the preliminary tour, representatives from both companies discussed the potential food options to be served on board the yacht.
Steve6's representative said, "We are absolute foodies and we want a variety of good food on board, including seafood, beef and vegan options. We wouldn't have considered your company if not for the excellent reviews on your food."
GC's representative replied that, "Don't worry! We have always impressed clients with our extensive food options on board our yacht, and that is one of the reasons why the Galaxy experience is so unforgettable".
Steve6 was satisfied with what they experienced during the preliminary tour. Therefore, Steve6 proceeded to enter into a contract with GC to charter the yacht and its related services on 5 separate sailing dates, with each of Steve6's 5 teams to experience their team-building event on board the yacht on a separate sailing date. In other words, a total of 5 separate trips will be organised under the contract.
A section of the contract titled "Yacht Charter Conditions" contained the following clause:
2.2 As part of the charter package, Galaxy Corp shall provide Steve6 with an extensive
lunch buffet for 20 people on each of the sailing dates and which shall include
seafood, beef and vegan options.
During the first trip (out of the 5 trips to be conducted under the contract), the first Steve6 team excitedly embarked on their yacht experience on board the Galaxy. However, during lunchtime, they were surprised to find out that there was only limited food options provided.
Specifically, there were only chicken and fish options, with no vegan option provided. This led to great disappointment for the vegan employees in the team.
The quantity of food also provided was too little, and clearly not sufficient for a group of 20 people.
Upon returning to shore, Steve6 lodged a complaint with GC's representative. GC subsequently conducted an internal investigation, and discovered that there was some miscommunication among its own staff that led to these problems.
Specifically, one GC staff member had communicated (incorrectly) to the GC chef on board the yacht that food should be prepared for 10 people, and only chicken and fish options were required.
After completing their internal investigation, GC provided a full explanation to Steve6, and assured Steve6 that the remaining 4 trips (which have not yet taken place) will not experience the same issues.
However, Steve6 was not convinced, and wanted to terminate the contract with GC.
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Question 1:
Compare conditions and warranties, and analyse whether Steve6 is entitled to terminate the contract with Galaxy Corp based on the given scenario.
Question 2:
Discuss and apply the modern Singapore approach as shown in the Court of Appeal decision in RDC Concrete Pte Ltd v Sato Kogyo (S) Pte Ltd & Another Appeal (2007).
Question 3:
Specify and state in-text citations with references to facts and circumstances described in the scenario.
Thank you for your help. Appreciate!
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