14 Mar 2006
YU FAT PIECE GOODS CO LTD v. PETER MERCANTILE CO LTD AND ANOTHER
- Citation
- YU FAT PIECE GOODS CO LTD v. PETER MERCANTILE CO LTD AND ANOTHER
- Court
- District Court
- Case number
- DCCJ2798/2002
The exemption clause as worded did not clearly and unambiguously exclude liability for breach of the statutory implied conditions of merchantable quality and fitness for purpose under the Sale of Goods Ordinance; "discrepancy" did not plainly cover non-merchantable or unfit goods, so there was no realistic prospect of success on appeal and leave to appeal was refused.