Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Unmerchantability

Legal area

Court

2 May 1989

GRANDITME DEVELOPMENTS LTD v. NENTRIAL LTD

Citation

GRANDITME DEVELOPMENTS LTD v. NENTRIAL LTD
Court

Court of First Instance
Case number

HCA519/1989

Because there were two separate contracts and the plaintiff had provided or was willing and ready to provide performance to Aster Commodities Limited, good consideration moved for the cheque; Aster did not repudiate or complain and delivery was not contractually conditional on full payment, the defendant could not avoid liability on the dishonoured cheque by alleging failure of consideration or unmerchantability; the appeal was dismissed.
27 May 1983

HUI CHEUNG WAI t/a SUN HING PLASTIC ADVERTISING MANUFACTORY CO v. GENERAL MERCHANTS LTD

Citation

HUI CHEUNG WAI t/a SUN HING PLASTIC ADVERTISING MANUFACTORY CO v. GENERAL MERCHANTS LTD
Court

Court of First Instance
Case number

HCA1444/1981

Counterclaim failed for lack of reliable evidence of widespread defects and unmerchantability: no competent independent surveyor evidence produced as required by contract, insufficient sample and evidence on extent of defects, and Defendant failed to mitigate and entered an unreasonable compromise; therefore plaintiff entitled to judgment for the claim with interest; defendant liable for costs as ordered.