Castel Electronics Pty Ltd v Toshiba Singapore Pte Ltd

• 1. Contract
  2. › International sale of goods
  3. › United Nations Convention on Contracts for the International Sale of Goods (CISG)
  4. › Article 35(3)
  5. › Exclusion of seller's liability for lack of conformity
  6. › Whether buyer's knowledge of some defects excludes liability for different defects
  7. › Whether buyer must know of specific defects giving rise to liability
• 1. Contract
  2. › International sale of goods
  3. › United Nations Convention on Contracts for the International Sale of Goods (CISG)
  4. › Article 77
  5. › Mitigation of loss
  6. › Onus of proof
  7. › Whether onus on party in breach to plead and prove failure to mitigate
  8. › Whether claimant must plead and positively prove compliance with mitigation obligation
• 1. Contract
  2. › International sale of goods
  3. › United Nations Convention on Contracts for the International Sale of Goods (CISG)
  4. › Article 74
  5. › Foreseeability of loss
  6. › Whether foreseeability test is objective
  7. › Whether direct evidence from breaching party's employees required
• 1. Damages
  2. › Breach of contract
  3. › Expectation damages
  4. › Costs of additional staff to deal with defective goods
  5. › Whether court can infer staff would not have been retained but for breach in absence of direct evidence
  6. › Inference from ordinary business practice

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