5 May 2004
TINCHANT S A v. TAK WO METAL INDUSTRIES LTD & ANOTHER
- Citation
- TINCHANT S A v. TAK WO METAL INDUSTRIES LTD & ANOTHER
- Court
- Court of Appeal
- Case number
- CACV16/2004
The Court upheld the judge: the defendants committed an anticipatory breach which the plaintiff validly accepted; the judge's award was justified because there was insufficient contemporaneous evidence to support the DM500,000 as a quantified loss and the contractual penalty basis adopted by the judge was the only reliably evidenced basis; the economic duress argument could not be entertained on appeal because it was not pleaded below.