8 Jan 2003
MIRACLE HEALTH & HERB PRODUCTS LTD. v. WATSON\'S THE CHEMIST O/B A.S. WATSON GROUP (HK) LTD.
- Citation
- MIRACLE HEALTH & HERB PRODUCTS LTD. v. WATSON\'S THE CHEMIST O/B A.S. WATSON GROUP (HK) LTD.
- Court
- District Court
- Case number
- DCCJ19704/2001
No oral sale-or-return term was proved and the Agreement's 'deleted' phrase is more naturally read as referring to deletion from manufacture/licensing or similar defects rather than an unrestricted right to return unsold shelf stock; alternatively, even if sale-or-return applied, the buyer retained goods beyond a reasonable time (90 days) so property passed and plaintiff is entitled to the contract price. Miracle Bust promotion was a separate short-term sale-or-return arrangement but defendant's records do not show credited returns sufficient to defeat plaintiff's claim.