15 Jan 2016
YAU LIENG HUI XIN INDUSTRIALCO LTD v. PC PARTNER LTD
- Citation
- YAU LIENG HUI XIN INDUSTRIALCO LTD v. PC PARTNER LTD
- Court
- District Court
- Case number
- DCCJ3744/2014
Property in the manufactured plastic products passed to the buyer prior to physical delivery by unconditional appropriation with implied assent; risk therefore passed to the buyer and the buyer cannot withhold payment absent proof of non-conformity. The buyer failed to prove non-conformity because the inspection reports were inadmissible or inadequately supported and many alleged defects were attributable to delay in delivery and storage for which the buyer was at fault. Consequently the plaintiff is entitled to recover the price reduced to reflect conceded wrong delivery and a 2% defect allo…