28 Jun 2018
MERIT ACT LTD v. CHUBB HONG KONG LTD
- Citation
- [2018] HKDC 717
- Court
- District Court
- Case number
- DCCJ2527/2012
Court found defendant had warned plaintiff that a firefighting system was required for the server room and plaintiff expressly instructed removal of the FM200 item from the Quotation; an implied term that installations be fit for purpose would otherwise have arisen but was displaced by that express instruction; therefore defendant did not breach the contract; defendant entitled to outstanding balance of HKD56000 with pre‑judgment interest; clause 9 would be enforceable as liquidated damages but was not applied to award plaintiff recovery given findings on liability and mitigation.