The parties bought and sold a boat. It proved defective. The pursuer sought to rely on the 1979 Act to imply a covenant for fitness. The defender denied that the pursuer thought it a business purchase.
Held: A purchaser can rely on implied covenants against a vendor in business despite the vendor’s non-disclosure. A private seller is liable as if in business when goods were sold through a professional agent.
Judges:
Lord Jauncey of Tullichettle, Lord Lloyd of Berwick, Lord Nolan, Lord Nicholls of Birkenhead and Lord Hoffman
Citations:
Gazette 06-Sep-1995, Times 16-Jun-1995, [1995] UKHL 20, [1995] 3 WLR 36, [1995] 2 AC 628, [1995] 3 All ER 135, 1995 SC (HL) 15, 1995 SLT 875, 1995 SCLR 1009
Links:
Statutes:
Sale of Goods Act 1979 14(2) 14(3) 14(5)
Jurisdiction:
Scotland
Contract, Consumer
Updated: 18 May 2022; Ref: scu.78532
