Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Reasonable wear and tear
  • 8 Nov 2018

    ARNOLD ROBERT LTD v. GLORIOUS MOTORS LTD

    Citation
    [2018] HKCFI 2467
    Court
    Court of First Instance
    Case number
    HCA950/2014

    The description 'HGTE package' was ambiguous in scope and should be read as describing some HGTE features rather than necessarily the complete set; a reasonable dealer would inquire further into what specific HGTE items were present. Where the dealer legitimately relied on inspection results showing defects beyond reasonable wear and tear and invoked the contractual inspection/cancellation mechanism, the dealer was entitled to refuse the trade-in and cancel performance under the Agreement.