26 Mar 1985
GILMAN & CO LTD v. HO SO WAH (a female) t/a FAI WAH PHOTO COPYING SERVICE CO
- Citation
- GILMAN & CO LTD v. HO SO WAH (a female) t/a FAI WAH PHOTO COPYING SERVICE CO
- Court
- District Court
- Case number
- DCCJ21277/1984
The court found that the plaintiff's sales representative materially misrepresented the content of the English service agreements to a purchaser who had very limited English and made that limitation known; the defendant's mistake as to the practical effect of the documents was fundamental under Gallie v. Lee and she was not negligent given her linguistic disadvantage and reliance on the plaintiff's agents; therefore non est factum succeeded and the plaintiff's claim for meter charges was dismissed.