In a contract between a firm of engineers and the owner of a fishing boat for the supply of a twin-screw set of motor engines, the sellers incorporated certain conditions providing, inter alia, that they should not be liable for ‘any direct or consequential damage arising from defective material or workmanship.’ The buyer having brought an action of damages against the sellers on the ground that the engines were disconform to contract, the sellers pleaded the conditions in defence. Held on the facts that there was such a congeries of defects as to destroy the workable character of the machine and amount to a total breach of contract; and on the law, that though the conditions might excuse from damage arising from the insufficiency of a part or parts, they had no application to damage arising from a congeries of defects amounting to a total breach of contract.
In a contract between a firm of engineers and the owner of a fishing boat for the supply of a twin-screw set of motor engines, the buyer retained the engines and claimed damages on the ground that they were disconform to contract. The sellers maintained that the buyer having in the first instance elected to reject the goods, could not now avail himself of the alternative remedy provided by the Sale of Goods Act 1893, sec. 11 (2), viz., of retaining the goods and claiming damages. Opinion that even if the buyer had rejected the engines he was not thereby barred from subsequently retaining them and claiming damages.
Judges:
Viscount Haldane, Viscount Cave, Lord Dunedin, Lord Parmoor, and Lord Wrenbury
Citations:
[1922] UKHL 11, 60 SLR 11
Links:
Jurisdiction:
England and Wales
Contract
Updated: 31 January 2022; Ref: scu.632808