Hong Guan & Co Ltd v R Jumabhoy & Sons Ltd

Subject Matter

SALE OF GOODS — Exceptions clause — Contract “subject to shipment” — Construction — Sufficient goods shipped to fulfil contract — Insufficient to meet all vendors' other contracts — Allocation to buyers with “definite” contracts — Purported cancellation of “subject to shipment” contract — Whether effective.

PRIVY COUNCIL — Jurisdiction — Point of law not taken below — Alternative submission on construction of contract — Point which could not be met by further evidence (post, p. 701).

DAMAGES — Market value — Proof — Evidence of compromises in other disputes relating to market value of similar goods (post, p. 703).