Sharon Global Solutions v LG International: Economic Duress & Contract Consideration
In a case before the High Court of Singapore on 20 June 2001, Sharon Global Solutions Pte Ltd sued LG International (Singapore) Pte Ltd for outstanding payments related to a contract for the sale of Hot Briquette Iron (HBI). LG International counterclaimed, alleging economic duress and lack of consideration for an agreement to share increased freight costs. The court ruled in favor of Sharon Global Solutions, finding no economic duress and sufficient consideration, dismissing LG International's counterclaim.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for Plaintiff
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court case involving Sharon Global Solutions and LG International concerning economic duress and consideration in contract law. Judgment for Plaintiff.
1.7 Decision Date
2. Parties and Outcomes
Party Name | Role | Type | Outcome | Outcome Type | Counsels |
---|---|---|---|---|---|
Sharon Global Solutions Pte Ltd | Plaintiff | Corporation | Judgment for Plaintiff | Won | P Suppiah, K Elangovan |
LG International (Singapore) Pte Ltd | Defendant | Corporation | Counterclaim Dismissed | Lost | Vinodh Coomaraswamy, Chua Sui Tong |
3. Judges
Judge Name | Title | Delivered Judgment |
---|---|---|
Kan Ting Chiu | Judge | Yes |
4. Counsels
Counsel Name | Organization |
---|---|
P Suppiah | P Suppiah & Co |
K Elangovan | P Suppiah & Co |
Vinodh Coomaraswamy | Shook Lin & Bok |
Chua Sui Tong | Shook Lin & Bok |
4. Facts
- Sharon Global Solutions agreed to sell HBI to LG International, who would then sell it to POSCO.
- The agreement stipulated a shipment deadline of August 15, 2000.
- Sharon Global Solutions underestimated freight costs and could not secure a vessel at the initially anticipated price.
- LG International was concerned about its relationship with POSCO if the deal fell through.
- Sharon Global Solutions demanded that LG International share the increased freight costs, threatening to default on the contract.
- LG International agreed to pay additional freight costs to ensure the HBI was delivered to POSCO on time.
- LG International refused to make the second payment, leading to the lawsuit.
5. Formal Citations
- Sharon Global Solutions Pte Ltd v LG International (Singapore) Pte Ltd, Suit 815/2000, [2001] SGHC 139
6. Timeline
Date | Event |
---|---|
Agreement signed between Sharon Global Solutions and LG International | |
Agreement signed between LG International and POSCO | |
Parties met to find a solution to increased freight costs | |
Agreement signed regarding LG International paying additional freight costs | |
Latest date for shipment of HBI | |
Agreement reached regarding LG International paying additional freight costs | |
Judgment issued |
7. Legal Issues
- Economic Duress
- Outcome: The court found that the plaintiff's declaration was a legitimate notice of inability to perform, not an illegitimate threat constituting economic duress.
- Category: Substantive
- Sub-Issues:
- Illegitimate threat
- Coercion
- Related Cases:
- [1976] 1 Lloyd’s Rep. 293
- [1980] A.C. 614
- [1984] I.C.R. 419
- Consideration
- Outcome: The court held that the plaintiff's promise to perform its existing contractual obligations conferred a practical benefit on the defendant, constituting sufficient consideration.
- Category: Substantive
- Sub-Issues:
- Performance of existing duty
- Practical benefit
- Related Cases:
- [1990] 1 All ER 512
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Commercial Litigation
11. Industries
- Steel
- Shipping
12. Cited Cases
Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
---|---|---|---|---|---|
Occidental Worldwide Investment Corpn v. Skibs A/S Avanti | Unknown | Yes | [1976] 1 Lloyd’s Rep. 293 | England and Wales | Cited regarding the requirements for a finding of economic duress. |
Pao On v. Lau Liu Long | Privy Council | Yes | [1980] A.C. 614 | England and Wales | Cited regarding the requirements for a finding of economic duress. |
B. & S. Contracts & Design Ltd v. Victor Green Publications Ltd | Court of Appeal | Yes | [1984] I.C.R. 419 | England and Wales | Cited to emphasize that not every unwilling agreement to a contract variation constitutes duress. |
Williams v Roffey Bros and Nicholls (Contractors) Ltd | Court of Appeal | Yes | [1990] 1 All ER 512 | England and Wales | Cited and applied for the principle that a promise to perform an existing contractual duty can constitute good consideration if it confers a practical benefit on the other party. |
Ward v Byham | Unknown | Yes | [1956] 2 All ER 318 | England and Wales | Cited regarding consideration. |
Williams v Williams | Unknown | Yes | [1957] 1 All ER 305 | England and Wales | Cited regarding consideration. |
Pao On v Lau Yiu | Privy Council | Yes | [1979] 3 All ER 65 | England and Wales | Cited regarding consideration. |
13. Applicable Rules
Rule Name |
---|
No applicable rules |
14. Applicable Statutes
Statute Name | Jurisdiction |
---|---|
No applicable statutes |
15. Key Terms and Keywords
15.1 Key Terms
- Hot Briquette Iron
- HBI
- Economic duress
- Consideration
- Performance bond
- Freight costs
- Vessel charter
- POSCO
- Illegitimate threat
- Legitimate notice
15.2 Keywords
- contract
- economic duress
- consideration
- HBI
- freight
- POSCO
- Sharon Global Solutions
- LG International
16. Subjects
- Contract Law
- Commercial Law
- International Trade
17. Areas of Law
- Contract Law
- Economic Duress
- Consideration