12 Oct 2005
WONG NG KAI FUNG, PATSY v. YAU LAI CHU t/a NEW-DATE PET TRIMMING SALON
- Citation
- WONG NG KAI FUNG, PATSY v. YAU LAI CHU t/a NEW-DATE PET TRIMMING SALON
- Court
- Court of First Instance
- Case number
- HCSA1/2005
The Adjudicator applied the wrong legal test by treating a general warning of possible latent disease as sufficient to exclude the implied condition of merchantable quality under section 16(2); the law requires the defect complained of to have been specifically drawn to the buyer's attention, therefore the implied condition was not excluded and the appeal is allowed and remitted for retrial.