Terms implied by statute Flashcards
Varley v Whipp
Farmer bought a harvester described as “almost new and only used to cut 50 to 60 acres”. Machine was old and had been repaired.
Court - harvester did not match description, breach of condition, full refund
David Jones v Willis
Willis bought a pair of walking shoes and told salesperson shoes had to be comfortable. Third time she wore the shoes a heel collapsed and she broke her leg.
Court ruled shoes not merchantable quality as not fit for walking as described. Breach of contract
Griffiths v Peter Conway
Mrs Griffiths ordered a coat from her tailor. she got detrmatits. Court - No breach of contract. she did not make known the particular purpose for which the coat was required. purpose was to suit someone with very sensitive skin