17 May 1989
PERMTEK LTD v. CHINA RESOURCES MACHINERY & EQUIPMENT CO LTD
- Citation
- PERMTEK LTD v. CHINA RESOURCES MACHINERY & EQUIPMENT CO LTD
- Court
- Court of Appeal
- Case number
- CACV25/1989
The Court held the contract was objectively a bilateral sale contract; clause (9) (payment by irrevocable L/C with 90% against shipping documents and 10% on commissioning) prevails and clause (11)(4) must be read down so as not to convert the reciprocal contract into a unilateral unenforceable option; appeal allowed and judgment for the plaintiff on liability for breach.