12 Sept 2000
ARTECH PRINTING LTD. v. YEE FAT PRINTING EQUIPMENT LTD.
- Citation
- ARTECH PRINTING LTD. v. YEE FAT PRINTING EQUIPMENT LTD.
- Court
- Court of Appeal
- Case number
- CACV92/2000
The Court held the contract was a sale by description and the representation that the machine was 1989 was a material misdescription because a 1985 machine was not 'approximately 1989'; on proper construction condition (7) did not permit such a substantial variance nor validly exclude liability; the exclusion would be unreasonable under s12(3) if read to allow arbitrary ages; appeal dismissed.