14 Sept 1989
JAN ALBERT (HK) LTD v. SHU KONG GARMENT FACTORY LTD
- Citation
- JAN ALBERT (HK) LTD v. SHU KONG GARMENT FACTORY LTD
- Court
- Court of Appeal
- Case number
- CACV160/1988
The contract expressly allocated responsibility to the seller to procure sufficient quota and export licence for category 4; the alleged mistake as to quota category was not sufficiently fundamental to vitiate the contract and could not be found on the evidence absent the treaty text; and the event relied on was an existing risk covered by the contract rather than a supervening frustration — accordingly the appeal succeeds and plaintiff is entitled to damages.