8 Mar 2001
CITY UNIVERSITY OF HONG KONG v. BLUE CROSS (ASIA-PACIFIC) INSURANCE LTD.
- Citation
- CITY UNIVERSITY OF HONG KONG v. BLUE CROSS (ASIA-PACIFIC) INSURANCE LTD.
- Court
- Court of First Instance
- Case number
- HCA10750/1993
Defendant made an obvious and material error in its tender; the plaintiff (through its agent) knew of that error; clause 8 imposed an obligation on the plaintiff to communicate the error and obtain written confirmation before treating the tender as binding; the plaintiff failed to do so; accordingly under common law and the tender terms the defendant was entitled to avoid the contract and the plaintiff's claim for damages fails.