|
''Golden Cape Fruits (Pty) Ltd v Fotoplate (Pty) Ltd''〔1973 (2) SA 642 (C).〕 is an important case in South African contract law, heard in the Cape Provincial Division by Diemont J and Corbett J on 13 February 1973, with judgment handed down on 8 March. == Facts == In 1971, the appellant, Golden Cape Fruits, decided to have a new brochure printed by photolithographic process. It ordered direct from a specialist photolithographer, the respondent, certain photolithographic plates. These the appellant passed on to the printer, who printed the required number of copies. Owing, however, to an error in the plates, the copies could not be used. Golden Cape Fruits had claimed from Fotoplate the cost of the printing of them, on the basis of either breach of contract or of negligence. Fotoplate's defence was that the contract was subject to a trade usage which in the circumstances absolved it from liability. This alleged usage was to the effect that Fotoplate would exhibit to Golden Cape Fruits some "rough proofs" of the plates (or positives) for approval, amendment or rejection. If these were approved, as they had been, Fotoplate's obligations under the agreement would be fulfilled by completing and delivering the positives in accordance with the proofs. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Golden Cape Fruits v Fotoplate」の詳細全文を読む スポンサード リンク
|