contract of sale of goods

2009-03-11 2:16 am

A Ltd makes a contract to sell 1000 spare parts to B Ltd, at a contract price of HK$20,000. The spare parts delivered to B Ltd were described on the packaging as “Made in Japan”. B Ltd has now discovered that they were in fact made in Taiwan, and wishes to reject them. The market price of 1000 spare parts is now HK$30,000. Advise B Ltd.

回答 (1)

Maverick

2009-03-11 4:46 pm

✔ 最佳答案

1. Goods sold subject to samples, and therefore if samples were inspected before delivery, and the bulk correspond sample, there is no right for claim.
2. It was only on the package upon delivery that bears the words "Made in Japan". Unless the contract specifically mentioned that it was made in Japan, there exist no condition for claim.
3. The marketibility and price of Japan product vs Taiwan product must have a price difference before a claim can be established.
4. If the price of the spare part can bring in profit to B, there is no loss of revenue to B and the claim by itself must be proved by the plaintiff for loss. Since there is no loss, the right of claim does not exist.
Hope it can be of help!

👍 0 👎 0