29 Apr 2009
MAY TIK DECORATION CO LTD v. RONACRETE (FAR EAST) LTD
- Citation
- MAY TIK DECORATION CO LTD v. RONACRETE (FAR EAST) LTD
- Court
- District Court
- Case number
- DCCJ384/2005
Court implied PA 17.4 (including on-site Pull Out Tests by an independent laboratory using the endorsed procedure with reference to BS5980) as a term of the supply contracts because no express warranty of quality existed and it was necessary to give business efficacy; held contracts were sale by sample and Defendant had warranted conformity to BS5980 when products were used in accordance with instructions; evidence (including FTIR and Pull Out Test results) established inconsistent batches and defective performance of RTA rather than predominant workmanship failure; awarded damages for retili…