7 Jul 1994
KONG SUN WEAVING FACTORY LTD. v. EASTEXPORT ENTERPRISES (H.K.) LTD.
- Citation
- KONG SUN WEAVING FACTORY LTD. v. EASTEXPORT ENTERPRISES (H.K.) LTD.
- Court
- Court of First Instance
- Case number
- HCA9828/1991
The contract was a sale by sample; the Defendant approved the sample on 8 July; the bulk corresponded with that sample; the visible defect (white lines on folds) was apparent on reasonable examination so the buyer cannot rely on the s16(2) exception; the alleged latent crocking defect was not shown to render the goods unmerchantable; therefore Defendant was not entitled to reject and is liable for damages to Plaintiff.