23 Aug 1996
KADER INDUSTRIAL CO. LTD. v. GALCO INTERNATIONALTOYS N.V
- Citation
- KADER INDUSTRIAL CO. LTD. v. GALCO INTERNATIONALTOYS N.V
- Court
- Court of First Instance
- Case number
- HCA477/1991
On the facts the court found Galco did not prove Kader breached its contractual obligations: Kader manufactured according to Galco's detailed specifications and under Galco's supervision; the dominant cause of the severe microbial proliferation was residual water following Galco-mandated water-testing rather than uniquely deficient hygiene at Kader; industry standards cited were insufficiently prescriptive to impose strict microbiological liability; Galco moreover failed to mitigate by refusing timely replacement production; therefore Galco's main claim is dismissed while Kader's counterclaim…