Easy On Ltd. v. Janden Yarn Textile Co. Ltd. and Another

Easy On Ltd. v. Janden Yarn Textile Co. Ltd. and Another

On the evidence the 1st defendant did not deal in polyester and was not a contracting party; the 2nd defendant acted as agent for the disclosed foreign principal Tactel on the bulk orders and so bore no personal liability; the sample contract with the 2nd defendant did not incorporate an express term guaranteeing colour fastness (class 4) because the defendant's form terms were silent and plaintiffs failed to secure a positive acknowledgment; defendants fulfilled their contractual obligations and the claim is dismissed.

Citation
Easy On Ltd. v. Janden Yarn Textile Co. Ltd. and Another
Parties
Plaintiff: Easy On Limited; 1st Defendant: Janden Yarn Textile Company Limited; 2nd Defendant: Janden Enterprise Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
9 July 2001
Case Number
DCCJ14984/2000
Procedural Posture
Civil Action Sale of Goods / Contract (district Court) / Judgment at First Instance
Outcome
Claim dismissed; judgment for the 1st and 2nd Defendants
Legal Topics
Disclosed Agent Liability, Incorporation of Terms, Fitness for Purpose/merchantable Quality, Formation of Contract, Evidence and Credibility, Mitigation of Loss
Source Language
EN
Contract Agency Sale of Goods Commercial Law Conflict of Laws/enforcement of Foreign Judgments Disclosed Agent Liability Incorporation of Terms Fitness for Purpose/merchantable Quality +3 more

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Parties

Easy On Limited

Plaintiff

Janden Yarn Textile Company Limited

1st Defendant

Janden Enterprise Limited

2nd Defendant

Procedural Posture

Civil Action Sale of Goods / Contract (district Court) / Judgment at First Instance

Legal Issues

  1. 1 Which entity contracted with the plaintiff (identity of contracting party)
  2. 2 Whether the 2nd defendant was liable as principal or agent for a disclosed foreign principal
  3. 3 Whether contractual terms as to colour fastness were incorporated into the contract

Ratio Decidendi

On the evidence the 1st defendant did not deal in polyester and was not a contracting party; the 2nd defendant acted as agent for the disclosed foreign principal Tactel on the bulk orders and so bore no personal liability; the sample contract with the 2nd defendant did not incorporate an express term guaranteeing colour fastness (class 4) because the defendant's form terms were silent and plaintiffs failed to secure a positive acknowledgment; defendants fulfilled their contractual obligations and the claim is dismissed.

Court Disposition

Claim dismissed; judgment for the 1st and 2nd Defendants

Orders

  • Judgment for 1st Defendant Janden Yarn Textile Company Limited (claim against 1st Defendant dismissed)
  • Judgment for 2nd Defendant Janden Enterprise Limited on the bulk contracts (plaintiff should have sued Tactel)