KISHINGCHAWD DINGONAL RAMCHANDANI t/a RANEYKO ENTERPRISES v. NYLEX PLASTICS LTD
- Citation
- KISHINGCHAWD DINGONAL RAMCHANDANI t/a RANEYKO ENTERPRISES v. NYLEX PLASTICS LTD
- Court
- Court of Appeal
- Case number
- CACV33/1971
Where a contractual condition is sufficiently ambiguous that relying on it would force an innocent party into an inequitable dilemma (eg. to refuse payment to a sub-purchaser and risk double liability), the court will not hold the innocent party strictly obliged to rely on that condition in mitigation of damages; the appellant succeeded on the second ground and the court did not need to decide the third.