Implied Terms About Quality Or Fitness S14

Question 1

MacDonald v Pollock

Answer 1

Fishing boat was the main asset of the fishing business, if the goods that is being sold is key to that business then it will be deemed as being in a course of business (B2B- business to business)

Question 2

Grant v Australian Knitting Mills

Answer 2

Fitness for all purpose for which goods of that kind are commonly supplied
Sale of wooden underpants- pursuer got skin condition from not washing before wearing even though it did not say this
They however still had an implied purpose as underwear and so he could not claim

Question 3

Rodgers v Parish

Answer 3

Appearance and finish

Purchase of new Range Rover for £16,000, some minor defects was held not be to be merchantable quality

Question 4

Lamarra v Capital Bank plc

Answer 4

Freedom from minor defects
Land Rover case, originally couldn’t claim however this was overturned on the basis that it didn’t matter if the defects could be remedied but the fact that with the money paid there should be no defects- doesn’t have to be perfect but needs to be satisfactory

Question 5

Bernstein v Pamson Motors

Answer 5

A buyer of a rolls Royce would not tolerate the slightest blemish on it’s exterior paint work whereas the purchase of a motor car very much at the humbler end of the Humber end of the range might be less fastidious

Question 6

Wilson v Ricket

Answer 6

Products must be safe

Consignment of coal which exploded

Question 7

Thain v Anniesland

Answer 7

Train paid £3000 for a second hand car which had approx 80,000 miles on the clock and was 6 years old
After 2 weeks the car could not be used
The court held that the car was satisfactory quality because durability not a quality to be expected of a used car
Determine factors were price and mileage

Question 8

Clegg v Anderson

Answer 8

Safety
The yacht was bought for £250,000. The court held that the yacht was not safe as there was a fault and a reasonable person would not have noticed this