Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Acceptance vs rejection
  • 1 Aug 2024

    ECHELLES RIFFAUD S.A. v. THE SECRETARY FOR JUSTICE

    Citation
    [2024] HKCFI 1994
    Court
    Court of First Instance
    Case number
    HCA1841/2011

    Court found five Critical Defects (water pressure fluctuation and shared hydraulic drive; overheating and insufficient insulation; buckling) established and latent and that overturning risk was not established; implied terms were not necessary beyond express GCC Clause 3(a); Contract A had been accepted by payment and could not validly be terminated (remedy limited to damages for breach of warranty); Contract B effectively became deemed accepted and termination was lost; Contract C was validly terminated by Government for lack of adequate FAT parameters and non-delivery; damages awarded to Go…