1 Mar 2010
MAINTEK COMPUTER (SUZHOU) CO LTD AND OTHERS v. BLUE ANCHOR LINE AND OTHERS
- Citation
- MAINTEK COMPUTER (SUZHOU) CO LTD AND OTHERS v. BLUE ANCHOR LINE AND OTHERS
- Court
- Court of First Instance
- Case number
- HCAJ106/2008
The court held that ECB cl.18.3 could not be construed to limit ECT's liability to US$2 per kg because the clause is ambiguous and must be construed contra proferentem, and because ECT's conduct amounted at least to negligence and in fact recklessness such that cl.23.2 removes the limitation; similarly Sea Waybill cl.5(1)(b) could not absolve liability for misdelivery after discharge where the carrier failed to exercise reasonable care under cl.3(2)(b). Therefore the proper measure is the invoice value of the lost goods.