10 Jan 2006
MICROSPORT GMBH & CO KG v. PACTLAND LTD
- Citation
- MICROSPORT GMBH & CO KG v. PACTLAND LTD
- Court
- District Court
- Case number
- DCCJ2854/2004
The court found the alleged supplementary agreement unenforceable because it was an agreement in principle lacking essential terms and consideration and the parties never agreed the quantum; the buyer/importer, not the seller, bears responsibility for ensuring compliance with importing-country legal requirements absent an express contractual term; consequently Plaintiff was entitled to recover the proven additional costs of replacing non-ADF bracelets (US$21,335.05) and interest and costs.