Skywire Communications Inc v Cable & Wireless (Seychelles) Ltd (CS 18 of 2021) [2024] SCSC 192 (29 November 2024)

Skywire Communications Inc v Cable & Wireless (Seychelles) Ltd (CS 18 of 2021) [2024] SCSC 192 (29 November 2024)

The Defendant fulfilled its contractual obligation by handing over the defective goods to FedEx, the Plaintiff's chosen courier, for return shipment. Risk of loss transferred to the Plaintiff upon delivery to the carrier. The Defendant is not liable for the loss of goods in transit, and the Plaintiff failed to prove breach of contract by the Defendant.

Citation
[2024] SCSC 192
Parties
Plaintiff: Sky Wire Communications Inc (Trading as 'Skywire Communications'); Defendant: Cable & Wireless (Seychelles) Ltd (Trading as Cable and Wireless)
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
29 November 2024
Case Number
CS 18 of 2021
Procedural Posture
Civil Suit / Judgment
Outcome
Plaint dismissed
Legal Topics
Breach of Contract, Carriage of Goods, Obligation to Deliver, Transfer of Risk, Carrier Liability
Source Language
English
Contract Law Commercial Law Breach of Contract Carriage of Goods Obligation to Deliver Transfer of Risk Carrier Liability

Case Brief

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Parties

Sky Wire Communications Inc (Trading as 'Skywire Communications')

Plaintiff

Cable & Wireless (Seychelles) Ltd (Trading as Cable and Wireless)

Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether the Defendant was in breach of contract for failing to deliver defective stock to the Plaintiff
  2. 2 Whether liability for the lost goods rests with the Defendant or the carrier (FedEx)
  3. 3 Whether the Defendant fulfilled its contractual obligations by handing over the goods to the carrier

Ratio Decidendi

The Defendant fulfilled its contractual obligation by handing over the defective goods to FedEx, the Plaintiff's chosen courier, for return shipment. Risk of loss transferred to the Plaintiff upon delivery to the carrier. The Defendant is not liable for the loss of goods in transit, and the Plaintiff failed to prove breach of contract by the Defendant.

Court Disposition

Plaint dismissed

Orders

  • The Plaint is dismissed.
  • Costs are awarded to the Defendant.