22 Dec 2005
GREATWORTH INDUSTRIAL LTD v. CHEVALIER (CONSTRUCTION) CO LTD
- Citation
- GREATWORTH INDUSTRIAL LTD v. CHEVALIER (CONSTRUCTION) CO LTD
- Court
- Court of First Instance
- Case number
- HCA41/2002
Clause 4, read in the contract's factual matrix, was not sufficiently clear to permit omission of the entire quantity of 640 gates; an implied term preventing the main contractor from preventing performance was necessary for business efficacy and applied; Chevalier was put into repudiatory breach by passing on the architect's deletion and is liable for the contract price of delivered gates but not for abortive labour costs which were overheads and not caused by the breach; Greatworth failed to prove it could have produced the gates and earned the claimed profits at the relevant time, so only…