4 Mar 1976
TEE YIP KUN AND OTHERS v. THE CHIYUS MANUF CTURING CO LTD
- Citation
- TEE YIP KUN AND OTHERS v. THE CHIYUS MANUF CTURING CO LTD
- Court
- Court of Appeal
- Case number
- CACV60/1975
The written contract fixed delivery for September 1973 and required prior contracts to be fulfilled before that shipment; prior habit and practice could not override the clear written term and acceptance of partial late delivery did not waive rights. Therefore the breach occurred in September 1973 and, because the defendants failed to prove they could have mitigated the loss or to quantify any mitigation, the damages agreed for breach in September ($110,000) were the correct award to substitute for the trial judge's $170,000 award.