Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Replacement agreement
  • 13 Jan 2022

    RICKEED INDUSTRIES LTD AND ANOTHER v. HONG KONG TOHKOH CO LTD

    Citation
    [2022] HKCFI 106
    Court
    Court of First Instance
    Case number
    HCA2280/2015

    On the evidence, including contemporaneous emails, MR's report and the Negotiation Document and Replacement Agreement, the court found the majority of goods delivered under the 1st and 2nd purchase orders were defective; the Replacement Agreement and admissions were binding on the Defendant; there was no persuasive proof of duress or of defects caused by Plaintiffs' handling; delayed complaints were reasonable because goods were bought for resale; Defendant breached implied conditions under the Sale of Goods Ordinance and is liable in damages.