ESHED DIAM (HK) LTD v. SIAM COLOR GEMS & JEWELRY LTD

ESHED DIAM (HK) LTD v. SIAM COLOR GEMS & JEWELRY LTD

The plaintiff made a genuine unilateral mistake as to currency/price but the defendant did not actually know and there was no sufficient objective basis to infer that the defendant must have known or been willfully blind; therefore there was a binding agreement and no grounds to set it aside; plaintiff's claims...

Source-derived case information.

Citation
ESHED DIAM (HK) LTD v. SIAM COLOR GEMS & JEWELRY LTD
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 May 2017
Case Number
HCCL7/2015
Procedural Posture
Commercial Contract Dispute (sale of Goods / Unilateral Mistake) / Judgment at Trial
Outcome
Plaintiff's action dismissed
Legal Topics
Unilateral Mistake, Rescission, Knowledge of Mistake, Willful Blindness, Inference of Knowledge
Source Language
en
Contract Equity Commercial Law Unilateral Mistake Rescission Knowledge of Mistake Willful Blindness Inference of Knowledge

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Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Commercial Contract Dispute (sale of Goods / Unilateral Mistake) / Judgment at Trial

Legal Issues

  1. 1 Whether a unilateral mistake as to currency/price vitiated agreement
  2. 2 Whether the defendant knew or ought to have known of the plaintiff's mistake
  3. 3 Whether the contract was void for lack of consensus

Ratio Decidendi

The plaintiff made a genuine unilateral mistake as to currency/price but the defendant did not actually know and there was no sufficient objective basis to infer that the defendant must have known or been willfully blind; therefore there was a binding agreement and no grounds to set it aside; plaintiff's claims dismissed with costs.

Court Disposition

Plaintiff's action dismissed

Orders

  • Claim dismissed
  • Costs awarded to defendant