Clariant Masterbatches (M) Sdn Bhd v Prestige Dynamics Industries Sdn Bhd

no-02f-70-06-2017p Federal Court (Mahkamah Persekutuan) 9 April 2019 • No.02(f)-70-06/2017(P)

Catchwords

Sales of Goods - Sales of Goods Act 1957 s 4(1),13,15,59 - Contracts Act s74 - conditions and warranties - breach of conditions - sale by description - purchaser specifically ordered a product which did not contain hazardous substance - purchaser paid the purchase price and accepted goods - purchaser did not inspect the product - whether purchaser waive its right when they accept and pay the goods - whether seller liable to pay damages that buyer had to pay third parties as a result of the defect in its goods caused by seller’s breach of the condition - whether purchaser is entitled to claim damages under s 59 of SOGA - damages - whether the loss is remote and indirect loss

Practice Areas

Contract Damages

Judges (1)

Zaharah binti Ibrahim Delivered

Parties (2)

Clariant Masterbatches Sdn Bhd Plaintiff Prestige Dynamics Industries Sdn Bhd Defendant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (no-02f-70-06-2017p)