Intertec Contracting Central Africa Limited v Alda Malawi Limited (Civil Cause 486 of 1987) [1988] MWHC 10 (31 May 1988)

Intertec Contracting Central Africa Limited v Alda Malawi Limited (Civil Cause 486 of 1987) [1988] MWHC 10 (31 May 1988)

The plaintiff's acceptance was ineffective as the airconditioners were sold out before acceptance; thus, no binding contract existed, and the action fails.

Source-derived case information.

Citation
[1988] MWHC 10
Parties
Plaintiff: INTERTEC CONTRACTING (CENTRAL AFRICA) LTD.; Defendant: ALDA (MALAWI) LIMITED
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
31 May 1988
Case Number
Civil Cause 486 of 1987
Procedural Posture
Civil / Judgment
Outcome
action dismissed
Legal Topics
Specific Performance, Breach of Contract, Sale of Goods
Source Language
english
Contract Specific Performance Breach of Contract Sale of Goods

Source-derived case record

Summary, issues, holding and outcome

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Parties

INTERTEC CONTRACTING (CENTRAL AFRICA) LTD.

Plaintiff

ALDA (MALAWI) LIMITED

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether a binding contract existed for the sale of 15 airconditioners
  2. 2 Whether the defendant breached the contract by failing to deliver the airconditioners
  3. 3 Whether the plaintiff is entitled to specific performance or damages

Ratio Decidendi

The plaintiff's acceptance was ineffective as the airconditioners were sold out before acceptance; thus, no binding contract existed, and the action fails.

Court Disposition

action dismissed

Orders

  • Plaintiff's claim dismissed with costs