Jewson Limited v Boyhan as Personal Representative of the Estate of Thomas Michael Kelly: CA 28 Jul 2003

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 and laid only partial reliance upon the seller’s expertise. The boilers were fit for the purpose in the way in which the purchaser relied upon the seller’s judgement. Equally, there was no breach of the term as to satisfactory quality implied by section 14(2).


Lord Justice Clarke Lord Justice Sedley Mr Justice Cresswell


[2003] EWCA Civ 1030


Sale of Goods Act 1979 13 14(2) 14(3)


England and Wales


Appeal fromJewson Ltd v Kelly QBD 2-Aug-2002
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 . .
CitedCammell Laird and Co Ltd v Manganese Bronze and Brass Co Ltd HL 1934
Shipbuilders agreed to build two ships to carry heavy liquids. They were to have propellers of special construction and diameter according to certain specifications. One proved unsatisfactory because it caused too much noise.
Held: If the . .
CitedChristopher Hill Ltd v Ashington Piggeries Ltd HL 1972
Mink farmers had asked a compounder of animal foods to make up mink food to a supplied formula.
Held: There was reliance as to the suitability of the ingredients only.
Lord Diplock said: ‘Unless the Sale of Goods Act 1893 is to be allowed . .
CitedJames Slater and Hamish Slater (A Firm) and Others v Fleming Ltd HL 10-Jul-1996
A term of fitness for purpose was inapplicable where there was an abnormal uncommunicated use: ‘if the buyer’s purpose is insufficiently communicated, the buyer cannot reasonably rely on the seller’s skill and judgment to ensure that the goods . .
CitedBritvic Soft Drinks Ltd v Messer UK Ltd ChD 2002
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, . .
Lists of cited by and citing cases may be incomplete.


Updated: 12 April 2022; Ref: scu.184859