Question 2

Vincent is the owner of the soon-to-open dental clinic called "Alba Dental". To promote Alba Dental, Vincent decided to hire a popular social media influencer, Sally, to provide publicity for the clinic. In his early pre-contractual discussions with Sally, Vincent emphasised that he wanted her to broadcast a video of her tour of the clinic on social media so that "it would feel like people are walking through the clinic and meeting the team together with (Sally)". He also expressed that the broadcast must be followed up by frequent social media posts "to keep Alba Dental's brand on people's minds and lips". Vincent was keen to market the business aggressively and early so that the dental practice can hit the ground running and quickly build a strong customer base.

Under the contract (between Vincent and Sally), Sally was supposed to visit Alba Dental within the opening week for a teeth whitening treatment. Part of the contract also stated as follows:

4. Promotional obligations

4.1 On the date of Sally's first dental treatment, it shall be a condition of this contract that Sally shall record a video of her tour of Alba Dental and upload it onto Facebook. The video duration shall be at least 8 minutes long.

4.2 Sally shall also create and publish at least 10 original posts on Facebook to promote Alba Dental within 7 calendar days from the date of her first dental treatment. Each subsequent post shall be made no later than 2 calendar days after the last post.

On the second day after the clinic started operations, Sally visited Alba Dental for her teeth whitening treatment, and she recorded a 10-minute video of her tour of the clinic. Later that day, she uploaded the video onto Facebook, and she also created and published 4 original posts on Facebook. This generated significant interest among Sally's online following, and resulted in increased bookings at Alba Dental the next day.

However, after Sally made the initial 4 Facebook posts, she did not make any further posts on Facebook within the next 7 calendar days. Vincent was also unable to contact her.

Having seen the initial positive results of the marketing campaign, Vincent was anxious to keep the social media publicity going. Vincent had a limited marketing budget, and he thought that he might be able to divert his marketing funds to engage another social media influencer if he can terminate the contract with Sally.

Compare and contrast conditions and warranties, and analyse whether Vincent is entitled to terminate the contract with Sally based on the given scenario. In your answer, you should also 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 (2007). (40 marks)