Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Remedies for breach of warranty
  • 23 May 2012

    SO JI TING t/a KARTIER SKINCARE CENTRE v. MEDIPRO LTD

    Citation
    SO JI TING t/a KARTIER SKINCARE CENTRE v. MEDIPRO LTD
    Court
    District Court
    Case number
    DCCJ3760/2010

    Plaintiff established breach of implied condition of merchantable quality but had effectively accepted the Machine (by entering hire-purchase and retaining it), so her right to reject was lost; breach treated as breach of warranty and damages measured as difference between contract price and value the Machine would have had if as warranted (140,000 - 10,000 = 130,000). Ancillary claims for delivery, return charges and rental losses were rejected. Interest and summary costs awarded to plaintiff as ordered.

    • Merchantable quality
    • Acceptance of goods
    • Remedies for breach of warranty
    • Valuation of chattels
    • Default judgment
    • Adjournment applications