Whether right to reject a car was lost after several attempts at repair. Judges: Lord Glennie Citations: [2009] ScotCS CSOH – 17, 2009 SCLR 379, 2009 GWD 6-108, [2009] CSOH 17 Links: Bailii Statutes: Sale of Goods Act 1979 14(2) Scotland, Contract Updated: 23 July 2022; Ref: scu.291792
Citations: [2006] EWCA Civ 1105 Links: Bailii Statutes: Sale of Goods Act 1979 14(2) Jurisdiction: England and Wales Contract Updated: 07 July 2022; Ref: scu.243978
The claimants manufactured and sold storage tanks. They sought substantial damages after chemical materials purchased from the defendants to help bond the tanks failed. Judges: Christopher Clarke J Citations: [2006] EWHC 1900 (Comm), [2006] 2 CLC 220, [2006] 2 Lloyd’s Rep 629 Links: Bailii Statutes: Unfair Contract Terms Act 1977, Sale of Goods Act 1979 … Continue reading Balmoral Group Ltd v Borealis [UK] Ltd and others: ComC 25 Jul 2006
The claimant sought payment for some boilers. The defendant argued that they were not of a satisfactory quality. The boilers were bought to be installed in new dwellings, but could not be shown to meet the standards advertised. Held: The goods having been sold in the course of a business, there was a term as … Continue reading Jewson Ltd v Kelly: QBD 2 Aug 2002
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 … Continue reading Boyter v Thomson: HL 15 Jun 1995
The defendant, who carried on the business of a fisherman, sold his vessel Jelle to the plaintiff with a view to having a new boat built to his requirements. In the event he bought a replacement vessel which he continued to use for his business. The question for the court was whether the sale of … Continue reading Stevenson and Another v Rogers: CA 8 Dec 1998
Britvic purchased bulk CO2 for the carbonation of various soft and alcoholic drinks from a supplier. The CO2 was manufactured by others. As a result of a breakdown of the manufacturing process, the CO2 contained a concentration of benzene which, although benzene is carcinogenic, was so small that it represented no risk to health. The … Continue reading Britvic Soft Drinks Ltd v Messer UK Ltd: ChD 2002
The company appealed a finding that it was in breach of the 1979 Act. The deceased had bought boilers from the appellant. They were said not to be satisfactory, in that they were not as energy efficient as they had been described to be. Held: The purchaser himself had skills to assess what he bought … Continue reading Jewson Limited v Boyhan as Personal Representative of the Estate of Thomas Michael Kelly: CA 28 Jul 2003
Right oReject Survived Attempted Repair The claimant agreed to purchase a yacht from the defendants with a keel to the manufacturer’s standard specifications. The keel actually installed was rather heavier. After correspondence, the claimant rejected the yacht and required the return of the the purchase price. The respondent said the exercise of a right of … Continue reading Clegg v Olle Andersson (T/A Nordic Marine): CA 11 Mar 2003
