Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Severability of goods

  • 28 Dec 1987

    REGAL TOUCH LTD v. YASAKI INTERNATIONAL CO LTD

    Citation
    REGAL TOUCH LTD v. YASAKI INTERNATIONAL CO LTD
    Court
    Court of First Instance
    Case number
    HCA250/1987

    The court held the plaintiff validly agreed to rewash jackets to a shade whiter than the approved stone-wash sample but failed merchantability because majority displayed patchy blue staining; jackets therefore rejectable and defendant entitled to loss of profit and storage. The ice blue jeans in the second instalment were made in at least four distinct shades constituting breach and were rejectable; the stone washed jeans were non-defective and severable so plaintiff recover contract price for those jeans. Damages awarded accordingly.

  • 28 Dec 1987

    REGAL TOUCH LTD v. YASAKI INTERNATIONAL CO LTD

    Citation
    REGAL TOUCH LTD v. YASAKI INTERNATIONAL CO LTD
    Court
    Court of First Instance
    Case number
    HCA7264/1986

    The court held that the parties validly agreed to rewash the jackets to a shade whiter than the approved stone‑wash sample but the majority of jackets had patchy blue staining making them not uniformly whiter and therefore unmerchantable — buyer entitled to reject; the second instalment ice‑blue jeans contained multiple distinct shades (at least 26%) inconsistent with the contractual colour swatch making those ice‑blue jeans unmerchantable and rejectable, but the contract as to stone‑washed jeans was severable so the non‑defective stone‑washed jeans had to be accepted and plaintiff awarded th…