Ratio Decidendi



JAPAN MOTORS TRADING CO. LTD.
V.
WILLIAMS

(1986) JELR 65646 (CA)    
Court of Appeal  ·  4 Dec 1986 ·  Ghana
CORAM
ABBAN JA,OSEI-HWERE JA,AMUA-SEKYI J.A.

Ratio Decidendi

Core Terms Beta
defendants
plaintiff
goods
japan
spares
suppliers
months
order
seller
vehicle
ground
admitted facts
agreed price
amua-sekyi j.a.
canadian account
cif contract
claims
commercial circles
contract
contrary intention
copy of the telex
cost insurance freight
cost of the spares
c terms
distinction
due diligence
duty of the seller
favourable terms
fob contract
fob contracts
head of the telex message
high court
import of the words
jalal kalmoni
large number of the spares
motor co. ltd.
motor vehicle
nissan diesel bus
only representation
osei-hwere j.a.
pro forma invoice
purchase price
rules
sale of goods act
telex
toyoshima special steel co. ltd.
trans africa engineering
trial judge
type
type of contract

AMUA-SEKYI J.A.

On the admitted facts, the plaintiff bought the motor vehicle in question, a Nissan diesel bus, from the Trans Africa Engineering and Motor Co. Ltd. For reasons that have not been disclosed, when the vehicle broke down, the plaintiff did not go to the dealers for spares, but rather to the defendants through one of whose directors, Jalal Kalmoni, he placed an order for the spares from Japan. It is agreed that at that time the vehicle was standing idle and the defendants, through their director, were aware of this.

The order was placed with the Toyoshima Special Steel Co. Ltd. which by telex gave a quotation which reads:

“We quote for Japan as follows: Line Part No Unit Price Delivery: three months after receipt of your L/C Terms: I.R. confirmed L/C at sight Packing: Wooden cases Validity: 50 days.”

The suppliers evidently thought that the defendants required a large number of the spares. When they realised that they were required for the repair of one vehicle only they sent…

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