Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Export quotas

Legal area

Court

4 Nov 1988

JAN ALBERT (H.K.) LTD v. SHU KONG GARMENT FACTORY LTD

Citation

JAN ALBERT (H.K.) LTD v. SHU KONG GARMENT FACTORY LTD
Court

Court of First Instance
Case number

HCA4434/1986

The contract was void for common mistake because both parties operated under the same fundamental, mistaken assumption that PRC Category 4 quota would be appropriate and obtainable; alternatively, the subsequent PRC classification rendered performance impossible and discharged the contract by frustration. Therefore plaintiff's claim and defendant's counterclaim both fail.
21 Nov 1986

CLUETT H.K. LIMITED t/a SIX CONTINENTS v. HERCULES KNITTERS LIMITED

Citation

CLUETT H.K. LIMITED t/a SIX CONTINENTS v. HERCULES KNITTERS LIMITED
Court

Court of First Instance
Case number

HCA1669/1985

The garments failed to meet the express contractual requirement to be of first quality and to conform to the approved lab-dip colour standards; the plaintiff validly reserved rights by contractual clause and qualified inspection certificates and therefore did not accept the goods; plaintiff is entitled to recover proven purchase price and consequential losses (duties and proven freight) but not speculative quota costs where the amount and apportionment between permanent and temporary quotas could not be established on the evidence.