7 May 2004
FARANRAH LTD v. CHERRY GARMENTS CO LTD
- Citation
- FARANRAH LTD v. CHERRY GARMENTS CO LTD
- Court
- Court of First Instance
- Case number
- HCA9974/1997
Defendant failed to prove the alleged trade usage that licences were only usable after computer transmission. However, on the facts (urgency, plaintiff paid a premium, defendant knew urgency) an implied term existed that the three licences sold had to be immediately usable upon presentation to US customs; defendant therefore liable for cost of licences and consequential damages.