21 Jun 2001
GOLDEN FABRIC LTD. v. HIGH FASHION GARMENT CO. LTD.
- Citation
- GOLDEN FABRIC LTD. v. HIGH FASHION GARMENT CO. LTD.
- Court
- Court of First Instance
- Case number
- HCSA23/2000
The C.O.D. term did not require physical delivery where the contract was C.I.F.; delivery of the customary documents or a delivery order sufficed to oblige payment, therefore the defendant breached the contract by refusing the delivery order and payment. However, the Deputy Adjudicator erred in awarding the full contract price as damages for undelivered items without assessing actual loss or mitigation; that portion of the award is set aside and remitted to the Small Claims Tribunal for a proper determination; the portion of the award for delivered items and specified storage charges is affir…