24 Jan 1996
KADER INDUSTRIAL CO. LTD. v. GALCO INTERNATIONAL TOYS N.V.
- Citation
- KADER INDUSTRIAL CO. LTD. v. GALCO INTERNATIONAL TOYS N.V.
- Court
- Court of First Instance
- Case number
- HCA477/1991
On the facts the court found the rapid proliferation of microbes was caused principally by residual water left after purchaser-directed function testing; parties were of comparable expertise and Kader's primary contractual obligation was to follow Galco's detailed specifications and instructions and to advise where a reasonably skilled manufacturer would; no reasonable manufacturer in Kader's position would have known distilled water testing posed the undisclosed risk alleged, so Kader was not liable for breach; Galco also failed to mitigate by refusing timely replacement product; main claim…