Emma, a Briton, is a single working adult who just secured a job in Singapore. Since she is living alone so far from relatives, she decides to purchase a dog as a pet to keep her company. She visits several pet shops and finally finds a puppy she wants to buy at Pitter-Pet Trading, a shop owned and run by Peter.

Peter fills in the details on a Sale of Animal Form which states the following on the front page:

Date of Purchase: 1 August 2006 Salesperson: Peter
Breed: Yorkshire Terrier Sex: Male
Age: 3 months Colour: Black and Tan
Origin: Imported Price: $2,300

Emma then fills in her name, contact number and address, and signs against the declaration that appears at the bottom of the front page of the Sale of Animal Form. The declaration states that the “Buyer agrees to purchase the Animal at the Price indicated above and subject to the terms and conditions overleaf”. However, Emma signs the Form without turning it over to read the terms behind. Instead, she wrote out a cheque for $2,300 in favour of Pitter-Pet Trading and hands it to Peter as he prepares the puppy for her to bring home.

Amongst others, the following term appears on the back page of the Sale of Animal Form under the heading: “Standard Terms and Conditions”

Clause 3:
Should the Animal contract a viral or bacterial infection within 24 hours from the date the Buyer signs the Sale of Animal Form or upon delivery of the Animal to the Buyer, whichever is the earlier, the Seller will refund the Price to the Buyer subject to the following conditions:

1. The Buyer furnishes to the Seller a report of the Animal duly prepared and certified by a qualified veterinarian at the Buyer’s cost indicating that the viral or bacterial infection contracted by the Animal occurred within 24 hours from the date the Buyer signs the Sale of Animal Form or upon delivery of the Animal to the Buyer, whichever is earlier; and
2. The said report is to be furnished to the Seller within 24 hours from the date the Buyer signs the Sale of Animal Form or upon delivery of the Animal to the Buyer, whichever is earlier; and
3. In the event of the death of the Animal, a post-mortem report shall be furnished, a the Buyer’s cost, to the Seller within 28 days from the date the Buyer signs the Sale of Animal Form or upon delivery of the Animal to the Buyer, whichever is earlier. The post-mortem report shall describe and identify the Animal and shall also confirm that the death of the Animal was solely caused by a viral or bacterial infection.
4. The refund of the Price to the Buyer is in full and final settlement of the Buyer’s claim against the Seller including but not limited to all consequential loss and damage the Buyer may suffer arising from the viral or bacterial infection or the death of the Animal.

Within two days of bringing the puppy home, the puppy becomes sickly; has poor appetite, watery stools and a high fever. Alarmed, Emma brings the puppy to a vet. Unfortunately, although the puppy appears to get better a week later, it suffers a relapse the subsequent week and has to be brought to the vet again. This goes on for a few weeks, with the puppy getting better only to have a relapse with worsening symptoms. Finally, on 15 September, a day after the final visit to the vet, the puppy dies. Emma is distraught and sadly brings the puppy to the vet for a post mortem. The post mortem report confirms that the puppy had contracted a viral infection a few days before Emma brought it home from the pet shop and that it was such a virulent strain that it ultimately caused the puppy’s death.

It also turned out that the puppy was actually 4 months old at the time Emma purchased it.

Emma now wishes to claim against Peter for a refund of the purchase price of the dog and for the total amount spent on visits to the vet and the cost of the post mortem. However, when she brings the matter up with Peter, he points out that he had given no undertaking as to the puppy’s health in the Sale of Animal Form. Instead, he draws Emma’s attention to Clause 3 and says that since he has not receive any of the necessary reports within the time limits specified in Clause 3, he is not liable to her at all.