29 Jun 1971
NYLEX PLASTICS LTD v. KISHINCHANG DINGOMAL RAMCHANDANI t/a RANEYKO ENTERPRISES
- Citation
- NYLEX PLASTICS LTD v. KISHINCHANG DINGOMAL RAMCHANDANI t/a RANEYKO ENTERPRISES
- Court
- Court of First Instance
- Case number
- HCA518/1970
The March 19 and May 30 documents were not legally binding contracts because essential terms (price, styles) were uncertain; as a result the HK$10,000 deposit held by the plaintiffs was available for set-off. The plaintiffs were in breach of the second series of contracts by failing to ship after defendants' contemporaneous verbal instruction; defendants were entitled to set-off for proven loss of profit on the 4,000 dozen (HK$9,167.12). The ex gratia/arbitration payment to the Somalian customers was not recoverable as set-off against the plaintiffs' claim.