Uttamchand and Co. Ltd v Hawkes and Co. Ltd
Uttamchand and Co. Ltd v Hawkes and Co. Ltd (Civil Appeal No. 45 of 1954) [1955] EACA 287 (1 January 1955)
The Court held that the respondent, acting as a confirming house agent, had not exceeded its authority nor failed in its duty by accepting delivery of goods that included a slight excess in quantity and were delivered marginally late. The contract expressly exempted the respondent from liability for 'incorrect out-turn,' and the appellant failed to prove that the excess quantity fell outside this exemption. The evidence did not establish that delivery was late or that any delay was commercially significant. The agent's duty was to act with reasonable skill and diligence, and the respondent ha…
Source excerpt
- Agency Law
- Sale Of Goods
- Contractual Liability
- Principal Agent Duties
- Late Delivery
- Excess Quantity