30 Aug 1996
SAMMITEX CO. v. BIRKART-EAST WEST FREIGHT LTD.
- Citation
- SAMMITEX CO. v. BIRKART-EAST WEST FREIGHT LTD.
- Court
- Court of First Instance
- Case number
- HCA7309/1996
Defendant elected to perform its contractual obligations through its associated company, making that company its agent; on the evidence the defendant failed to raise a triable issue as to delivery and is therefore liable for misdelivery and loss; the exclusion and HK$500 limitation clauses do not apply to the proven misconduct or do not clearly cover acts which cut across the contract's primary obligation; appeals dismissed and interlocutory judgments for the plaintiffs upheld.