Jewson 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 having been sold in the course of a business, there was a term as to satisfactory quality. That was to be judged according to the standards of a reasonable person viewing the goods in the hands of an individual buyer with the individual’s characteristics and with the background of his particular needs. In this case the goods failed to meet that standard.


David Foskett QC


Times 03-Oct-2002


Sale of Goods Act 1979 14(2), Sale and Supply of Goods Act 1994 1(1)


England and Wales

Cited by:

Appeal fromJewson 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: . .
Lists of cited by and citing cases may be incomplete.


Updated: 19 May 2022; Ref: scu.177315